Code Consensus Committee II (CCC II)
Full Side-By-Side Recommendations
MN Current Code
FOOD CODE.
Parts 4626.0010 to 4626.1870 shall be
known as the Food Code, hereinafter
referred to as the "Code."
FOOD SAFETY.
Food offered by a food establishment shall
not be adulterated, misbranded, or falsely
advertised.
APPLICABILITY.
The Code applies to food establishments
licensed and inspected by the Department
of Agriculture, Department of Health, or
local authorities that conduct inspections
of food establishments.
Chapter 1
Code Consensus Committee Proposed
4626.0010 1-101.10 Food Code.
These provisions Pparts 4626.0010 to 4626.1870
4626.2025 shall be known as the Food Code,
hereinafter referred to as the “this Code.”
4626.0015 1-102.10 Food Safety, Illness
Prevention, and Honest Presentation.
Food offered by a food establishment shall not be
adulterated, misbranded, or falsely advertised.
The purpose of this Code is to safeguard public
health and provide to consumers food that is safe,
unadulterated, and honestly presented.
4626.XXXX 1-103.10 Statement.
This Code establishes definitions; sets standards for
management and personnel, food operations, and
equipment and facilities; and provides for food
establishment plan review, license issuance,
inspection, employee restriction, and license
suspension.
4626.0020 1-201.10 Statement of Application and
Listing of Terms.
A. The This Code applies to food establishments
licensed and inspected by the Department of
Agriculture, Department of Health, or local
authorities that conduct inspections of food
establishments.
B. The following definitions shall apply in the
interpretation and application of this Code.
C. Terms Defined. As used in this Code, each of the
terms listed in 4626.0020 shall have the meaning
stated below.
Subp. 1. Accredited Program.
A. “Accredited program” means a food protection
manager certification program that has been
evaluated and listed by an accrediting agency as
conforming to national standards for organizations
that certify individuals.
B. “Accredited program” refers to the certification
process and is a designation based upon an
independent evaluation of factors such as the
1
Chapter 1
MN Current Code
Code Consensus Committee Proposed
sponsor’s mission; organizational structure; staff
resources; revenue sources; policies; public
information regarding program scope, eligibility
requirements, re-certification, discipline and
grievance procedures; and test development and
administration.
C. “Accredited program” does not refer to training
functions or educational programs.
Additive.
Subp. 2. Additive.
A. "Food additive" has the meaning
A. “Food additive” has the meaning given stated in
given in the
the Federal Food, Drug, and Cosmetic Act, title 21,
Federal Food, Drug, and Cosmetic Act,
section 321, subsection (s), and Code of Federal
United States Code, title 21, section 321, Regulations, title 21, section 170.3 §201(s) and 21
subsection (s), and Code of Federal
CFR 170.3 (e)(1).
Regulations, title 21, section 170.3.
B. “Color additive” has the meaning given stated in
the Federal Food, Drug, and Cosmetic Act, United
B. "Color additive" has the meaning
States Code, title 21, section 321, subsection (t),
given in the
and Code of Federal regulations, title 21, section
Federal Food, Drug, and Cosmetic Act,
70.3 §201(t) and 21 CFR 70.3(f).
United States Code, title 21, section 321,
subsection (t), and Code of Federal
regulations, title 21, section 70.3.
Adulterated. "Adulterated" has the
meaning given in Minnesota Statutes,
section 31.121.
Approved. "Approved" means acceptable
to the regulatory authority based on a
determination of conformity with
principles, practices, and generally
recognized standards that protect public
health.
Subp. 3. Adulterated. “Adulterated” has the
meaning given stated in the Federal Food, Drug,
and Cosmetic Act, §402, and Minnesota Statutes,
section 31.121.
Subp. 24. Adult day care center. "Adult day care
center" has the meaning given in part 9555.9600,
subpart 4.
Subp. 45. Approved. “Approved” means
acceptable to the regulatory authority based on a
determination of conformity with principles,
practices, and generally recognized standards that
protect public health.
Subp. 6. Asymptomatic.
A. “Asymptomatic” means without obvious
symptoms; not showing or producing indications of
a disease or other medical condition, such as an
individual infected with a pathogen but not
exhibiting or producing any signs or symptoms of
vomiting, diarrhea, or jaundice.
B. “Asymptomatic” includes not showing
2
MN Current Code
aw. "aw" means water activity.
Beverage. "Beverage" means a liquid for
drinking, including water.
Bottled drinking water. "Bottled drinking
water" means water that is sealed in
bottles, packages, or other containers and
offered for sale for human consumption,
including bottled mineral water.
Bulk food. "Bulk food" has the meaning
given in
Minnesota Statutes, section 31.80,
subdivision 2.
C. "C" means Celsius.
Chapter 1
Code Consensus Committee Proposed
symptoms because symptoms have resolved or
subsided, or because symptoms never manifested.
Subp. 57. aw. “aw” means water activity which is a
measure of the free moisture in a food, is the
quotient of the water vapor pressure of the
substance divided by the vapor pressure of pure
water at the same temperature, and is indicated by
the symbol Aw.
Subp. 8. Balut. “Balut” means an embryo inside a
fertile egg that has been incubated for a period
sufficient for the embryo to reach a specific stage of
development after which it is removed from
incubation before hatching.
Subp. 69. Beverage. “Beverage” means a liquid for
drinking, including water.
Subp. 710. Bottled drinking water. “Bottled
drinking water” means water that is sealed in
bottles, packages, or other containers and offered
for sale for human consumption, including bottled
mineral water.
Subp. 811. Bulk food. "Bulk food" has the
meaning given in Minnesota Statutes, section 31.80,
subdivision 2.
Subp. 9. C. "C" means Celsius.
Subp. 12. Casing. “Casing” means a tubular
container for sausage products made of either
natural or artificial (synthetic) material.
Certification number. "Certification
Subp. 1013. Certification number. "Certification
number" means a unique combination of
number" means a unique combination of letters and
letters and numbers assigned by a shellfish numbers assigned by a shellfish control authority to
control authority to a molluscan shellfish
a Molluscan shellfish dealer according to the
dealer according to the National Shellfish provisions of the National Shellfish Sanitation
Sanitation Program.
Program.
Subp. 314. Certified food protection manager.
"Certified food protection manager" means an
individual who has a valid Minnesota food
manager's certification under part 4626.2015.
Subp. 15. CFR. “CFR” means Code of Federal
Regulations. Citations in this Code to the CFR refer
sequentially to the Title, Part, and Section numbers,
such as 40 CFR 180. 194 refers to Title 40, Part
180, Section 194.
3
Chapter 1
MN Current Code
Code Consensus Committee Proposed
Subp. 416. Child care facility. "Child care facility"
means a facility that provides child care as defined
in Minnesota Statutes, section 119B.01, subdivision
6.
CIP. "CIP" means cleaned in place by
Subp. 1117. CIP.
circulating or flowing by mechanical
A "CIP" means cleaned in place by circulating the
means through a piping system a detergent circulation or flowing by mechanical means through
solution, water rinse, and sanitizing
a piping system of a detergent solution, water rinse,
solution onto or over equipment surfaces
and sanitizing solution onto or over equipment
that require cleaning, including the
surfaces that require cleaning, including such as the
method used, in part, to clean and sanitize method used, in part, to clean and sanitize a frozen
a frozen dessert machine.
dessert machine.
B. “CIP” does not include the cleaning of
CIP does not include cleaning band saws, equipment such as band saws, slicers, or mixers, or
slicers, mixers, or other equipment that are other equipment that are subjected to in-place
subjected to in-place manual cleaning
manual cleaning without the use of a CIP system.
without the use of a CIP system.
Clean. "Clean" means free from insects,
vermin, and debris and free from physical,
chemical, and microbial substances
discernible by ordinary sight or touch, by
ultraviolet light, or by artificial light.
Commercial game animal.
A. "Commercial game animal" means
an animal, the products of which are food,
that is not:
(1) cattle, sheep, swine, goat, or other
equine
regulated in Code of Federal Regulations,
title 9, parts 301 to 335;
(2) poultry regulated in Code of
Federal Regulations, title 9, part 381; or
(3) fish as defined in subpart 29.
B. Commercial game animal includes:
(1) farmed cervidae as defined in
Minnesota
Statutes, section 35.153, subdivision 3;
(2) ratitae as defined in Minnesota
Statutes,
section 17.453, subdivision 3; or
(3) llama as defined in Minnesota
Statutes, section 17.455, subdivision 2.
Subp. 11a. Clean. "Clean" means free from
insects, vermin, and debris and free from physical,
chemical, and microbial substances discernible by
ordinary sight or touch, by ultraviolet light, or by
artificial light.
Subp. 12. Commercial game animal.
A. "Commercial game animal" means an animal,
the products of which are food, that is not:
(1) cattle, sheep, swine, goat, or other equine
regulated in Code of Federal Regulations, title 9,
parts 301 to 335;
(2) poultry regulated in Code of Federal
Regulations, title 9, part 381; or
(3) fish as defined in subpart 29.
B. Commercial game animal includes:
(1) farmed cervidae as defined in Minnesota
Statutes, section 35.153, subdivision 3;
(2) ratitae as defined in Minnesota Statutes, section
17.453, subdivision 3; or
(3) llama as defined in Minnesota Statutes, section
17.455, subdivision 2.
Subp. 18. Commingle.
4
MN Current Code
Comminuted. "Comminuted" means
reduced in size by methods including
chopping, flaking, grinding, or mincing.
Comminuted products include:
A. gefilte fish, gyros, ground beef,
sausage, and
other fish or meat products that are
reduced in size and restructured or
reformulated; and
B. sausages made from two or more
meats and other mixtures of two or more
types of meat that have been reduced in
size and combined.
Common dining area. "Common dining
area" means
a central location in a group residence
where people gather to eat at mealtime.
Common dining area does not include a
kitchenette or dining area located within a
resident's private living quarters.
Confirmed disease outbreak. "Confirmed
disease outbreak" means a foodborne
disease outbreak when laboratory analysis
of appropriate specimens identifies a
causative organism and epidemiological
analysis implicates the food as the source
Chapter 1
Code Consensus Committee Proposed
“Commingle” means:
A. To combine shellstock harvested on different
days or from different growing areas as identified
on the tag or label, or
B. To combine shucked shellfish from containers
with different container codes or different shucking
dates.
Subp. 13 19. Comminuted.
A. "Comminuted" means reduced in size by
methods including chopping, flaking, grinding, or
mincing.
Comminuted products include:
B. “Comminuted” includes A. gefilte fish, gyros,
ground beef, sausage, and other fish or meat
products that are reduced in size and restructured or
reformulated; and such as gefilte fish, gyros, ground
beef, sausage made from two or more meats; and
other a mixtures of two or more types of meat that
have been reduced in size and combined, such as
sausages made from two or more meats.
Subp. 14. Common dining area. "Common dining
area" means a central location in a group residence
where people gather to eat at mealtime.
Common dining area does not include a kitchenette
or dining area located within a resident's private
living quarters.
Subp. 20. Conditional employee. “Conditional
employee” means a potential food employee to
whom a job offer is made, conditional on responses
to subsequent medical questions or examinations
designed to identify potential food employees who
may be suffering from a disease that can be
transmitted through food and done in compliance
with Title 1 of the Americans with Disabilities Act
of 1990.
Subp. 15 21. Confirmed disease outbreak.
"Confirmed disease outbreak" means a foodborne
disease outbreak when in which laboratory analysis
of appropriate specimens identifies a causative
organism agent and epidemiological analysis
implicates the food as the source of the illness.
5
MN Current Code
of the illness.
Consumer. "Consumer" means a person
who is a member of the public, takes
possession of food, is not functioning in
the capacity of an operator of a food
establishment or food processing plant,
and does not offer the food for resale.
Cook and chill operation. "Cook and chill
operation" means a process that uses a
plastic bag filled with hot cooked food
from which air has been expelled and
closed with a plastic or metal crimp.
Corrosion-resistant material.
"Corrosion-resistant material" means a
material that maintains acceptable surface
cleanability characteristics under
prolonged influence of food contact, the
normal use of cleaning compounds and
sanitizing solutions, and other conditions
of the use environment.
Chapter 1
Code Consensus Committee Proposed
Subp. 16 22. Consumer. "Consumer" means a
person who is a member of the public, takes
possession of food, is not functioning in the
capacity of an operator of a food establishment or
food processing plant, and does not offer the food
for resale.
Subp. 17. Cook and chill operation. "Cook and
chill operation" means a process that uses a plastic
bag filled with hot cooked food from which air has
been expelled and closed with a plastic or metal
crimp.
Subp. 18 23. Corrosion-resistant material.
"Corrosion-resistant material" means a material that
maintains acceptable surface cleanability
characteristics under prolonged influence of the
food to be contacted, the normal use of cleaning
compounds and sanitizing solutions, and other
conditions of the use environment.
Subp. 24. Counter-mounted equipment. “Countermounted equipment” means equipment that is not
portable and is designed to be mounted off the floor
on a table, counter, or shelf.
Critical control point. "Critical control
Subp. 19 25. Critical control point. "Critical control
point" means a point or procedure in a
point" means a point or procedure in a specific food
specific food system where loss of control system where loss of control may result in an
may result in an unacceptable health risk. unacceptable health risk.
Critical item.
Subp. 20 26. Critical Item.
A. "Critical item" means a part of the A. “Critical item” means a part of the this Code,
Code that, if in noncompliance, is more
that, if in noncompliance, is more likely than other
likely than other violations to contribute to violations to contribute to food contamination,
food contamination, illness, or
illness, or environmental degradation health hazard.
environmental degradation.
B. “Critical item” is an item that is denoted in the
B. A part that is denoted in the Code
this Code with an asterisk (*). is a critical item.
with an asterisk (*) is a critical item.
C. An asterisk (*) after a headnote indicates
C. An asterisk (*) after a headnote
that all of the provisions within that part are critical
indicates that all of the provisions within
for enforcement purposes unless otherwise
that part are critical for enforcement
indicated by being followed by a superscripted
purposes unless otherwise indicated by
letter N. A superscripted N indicates that the
being followed by a superscripted letter N. provision directly preceding the designation is
A superscripted N indicates that the
noncritical for enforcement purposes and is
provision directly preceding the
excluded from the critical designation of the part as
6
Chapter 1
MN Current Code
Code Consensus Committee Proposed
designation is noncritical for enforcement a whole.
purposes and is excluded from the critical
designation of the part as a whole.
Subp. 27. Critical limit. “Critical limit” means the
maximum or minimum value to which a physical,
biological, or chemical parameter must be
controlled at a critical control point to minimize the
risk that the identified food safety hazard may
occur.
Subp. 28. Dealer. “Dealer” means a person who is
authorized by a shellfish control authority for the
activities of shellstock shipper, shucker-packer,
repacker, reshipper, or depuration processor of
Molluscan shellfish according to the provisions of
the National Shellfish Sanitation Program.
Subp. 29. Disclosure. “Disclosure” means a written
statement that clearly identifies the animal-derived
foods which are, or can be ordered, raw,
undercooked, or without otherwise being processed
to eliminate pathogens, or items that contain an
ingredient that is raw, undercooked, or without
otherwise being processed to eliminate pathogens.
Drinking water. "Drinking water" means
Subp. 21 30. Drinking Water.
water from a source that meets chapters
A. “Drinking water” means water from a source
4720 and 4725 and Code of Federal
that meets criteria as specified in 40 CFR 141
Regulations, title 40, part 141.
National Primary Drinking Water Regulations, and
chapters 4720 and 4725 and Code of Federal
Drinking water includes the term water
Regulations, title 40, part 141.
except the terms boiler water, mop water, B. “Drinking water” is traditionally known as
rainwater, wastewater, nondrinking water, “potable water.”
and other terms that connote that the water C. “Drinking water” includes the term “water”
is not potable.
except where the terms used connotes that the water
is not potable, such as “boiler water,” “mop water,”
“rainwater,” “wastewater,” and “nondrinking”
water, and other terms that connote that the water is
not potable..
Dry storage area. "Dry storage area"
Subp. 22 31. Dry storage area. "Dry storage area"
means a room or area designated for
means a room or area designated for storing the
storing packaged or containerized bulk
storage of packaged or containerized bulk food that
food that is not potentially hazardous and
is not potentially hazardous (time/temperature
dry goods, including single-service items. control for safety food) and dry goods such as
single-service items.
Easily cleanable. "Easily cleanable"
Subp. 23 32. Easily cleanable.
means a characteristic of a surface that:
A. “Easily cleanable" means a characteristic of a
7
Chapter 1
MN Current Code
Code Consensus Committee Proposed
A. allows effective removal of soil by surface that:
normal cleaning methods; and
A. (1) Allows effective removal of soil by normal
B. is dependent on the material,
cleaning methods; and
design, construction, and installation of
(2) is dependent on the material, design,
the surface.
construction, and installation of the surface.; and
(3) Varies with the likelihood of the surface’s role
in introducing pathogenic or toxigenic agents or
other contaminants into food based on the surface’s
approved placement, purpose, and use.
B. “Easily cleanable” includes a tiered application
of the criteria that qualify the surface as easily
cleanable as specified in Subparagraph (1) of this
definition to different situations in which varying
degrees of cleanability are required such as:
(1) The appropriateness of stainless steel for a
food preparation surface as opposed to the lack of
need for stainless steel to be used for floors or for
tables used for consumer dining; or
(2) The need for a different degree of cleanability
for a utilitarian attachment or accessory in the
kitchen as opposed to a decorative attachment or
accessory in the consumer dining area.
Easily movable. "Easily movable" means: Subp. 24 33. Easily movable. "Easily movable"
A. weighing 14 kilograms (30
means:
pounds) or less, mounted on casters,
A. weighing 14 kilograms (30 pounds) or less,
gliders, or rollers, or provided with a
Portable; mounted on casters, gliders, or rollers; or
mechanical means requiring no more than provided with a mechanical means requiring no
14 kilograms (30 pounds) of force to
more than 14 kilograms (30 pounds) of force to
safely tilt a unit of equipment for cleaning; safely tilt a unit of equipment for cleaning; and
and
B. Having no utility connection, a utility connection
B. having no utility connection, a
that disconnects quickly, or a flexible utility
utility connection that disconnects
connection line of sufficient length to allow the
quickly, or a flexible utility connection
equipment to be moved for cleaning of the
line of sufficient length to allow the
equipment and adjacent area.
equipment to be moved for cleaning of the
equipment and adjacent area.
Subp. 34. Egg.
A. “Egg” means the shell egg of avian species such
as chicken, duck, goose, guinea, quail, ratites or
turkey.
B. “Egg” does not include:
(1) A balut;
(2) The egg of reptile species such as alligator; or
(3) An egg product.
8
MN Current Code
Employee. "Employee" means a licensee,
person in charge, person having
supervisory or management duties, person
on the payroll, family member, volunteer,
person performing work under contractual
agreement, or other person working in a
food establishment.
Chapter 1
Code Consensus Committee Proposed
Subp. 35. Egg Product.
A. “Egg Product” means all, or a portion of, the
contents found inside eggs separated from the shell
and pasteurized in a food processing plant, with or
without added ingredients, intended for human
consumption, such as dried, frozen or liquid eggs.
B. “Egg Product” does not include food which
contains eggs only in a relatively small proportion
such as cake mixes.
Subp. 836. Employ. "Employ" means to secure the
services of an employee.
Subp. 25 37. Employee. "Employee" means a the
licensee, person in charge, food employee, person
having supervisory or management duties, person
on the payroll, family member, volunteer, person
performing work under contractual agreement, or
other person working in a food establishment.
Subp. 38. Enterohemorrhagic Escherichia coli
(EHEC). “Enterohemorrhagic Escherichia coli”
(EHEC) means E. coli which cause hemorrhagic
colitis, meaning bleeding enterically or bleeding
from the intestine. The term is typically used in
association with E. coli that have the capacity to
produce Shiga toxins and to cause attaching and
effacing lesions in the intestine. EHEC is a subset
of STEC, whose members produce additional
virulence factors. Infections with EHEC may be
asymptomatic but are classically associated with
bloody diarrhea (hemorrhagic colitis) and hemolytic
uremic syndrome (HUS) or thrombotic
thrombocytopenic purpura (TTP). Examples of
serotypes of EHEC include:
E. coli O157:H7; E. coli O157:NM; E. coli
O26:H11; E. coli O145:NM; E. coli O103:H2 or
E. coli O111:NM. Also see Shiga toxin-producing
Escherichia coli.
Subp. 39. EPA. “EPA” means the U.S.
Environmental Protection Agency.
Equipment. "Equipment" means a freezer, Subp. 26 40. Equipment.
9
MN Current Code
grinder, hood, ice maker, meat block,
mixer, oven, reach-in
refrigerator, scale, sink, slicer, stove,
table, temperature measuring device for
ambient air, vending machine,
warewashing machine, or other article that
is used in the operation of a food
establishment.
Equipment does not include hand trucks,
forklifts, dollies, pallets, racks, skids, or
other items used for handling or storing
large quantities of packaged foods that are
received from a supplier in a cased or
overwrapped lot.
Extensive remodeling. "Extensive
remodeling" means an addition or change
to the physical facility, a major equipment
addition, or an equipment installation that
results from changes in the menu.
Chapter 1
Code Consensus Committee Proposed
A. "Equipment" means an article that is used in the
operation of a food establishment such as a freezer,
grinder, hood, ice maker, meat block, mixer, oven,
reach-in refrigerator, scale, sink, slicer, stove, table,
temperature measuring device for ambient air,
vending maching, or warewashing machine, or
other article that is used in the operation of a food
establishment.
B. “Equipment” does not include apparatuses used
for handling or storing large quantities of packaged
foods that are received from a supplier in a cased or
overwrapped lot, such as hand trucks, forklifts,
dollies, pallets, racks, and skids or other items used
for handling or storing large quantities of packaged
foods that are received from a supplier in a cased or
overwrapped lot.
Subp. 41. Exclude. “Exclude” means to prevent a
person from working as an employee in a food
establishment or entering a food establishment as an
employee.
Subp. 27 42. Extensive remodeling. "Extensive
remodeling" means an addition or change to the
physical facility, a major equipment addition, or an
equipment installation that results from changes in
the menu.
Extensive remodeling does not include
redecorating, cosmetic refurbishing,
altering seating design, or reducing
seating capacity.
Extensive remodeling does not include
redecorating, cosmetic refurbishing, altering seating
design, or reducing seating capacity.
F. "F" means Fahrenheit.
Subp. 28. F. "F" means Fahrenheit.
Subp. 43. FDA. “FDA” means the U.S. Food and
Drug Administration.
Subp. 29 44. Fish.
A. "Fish" means fresh or saltwater finfish,
mollusks, crustaceans, alligators, frogs, aquatic
turtles, jellyfish, sea cucumbers, sea urchins, roe,
and other forms of aquatic life (including alligator,
frog, aquatic turtle, jellyfish, sea cucumber, and sea
urchin and the roe of such animals) other than birds
or mammals, and all mollusks, if the such animal
life is intended for human consumption.
B. Fish includes an edible human food product
Fish. "Fish" means fresh or saltwater
finfish, mollusks, crustaceans, alligators,
frogs, aquatic turtles, jellyfish, sea
cucumbers, sea urchins, roe, and other
forms of aquatic animal life other than
birds or mammals, if the animal life is
intended for human consumption.
Fish includes an edible human food
product derived in whole or in part from
10
MN Current Code
fish, including fish that have been
processed in any manner.
Chapter 1
Code Consensus Committee Proposed
derived in whole or in part from fish, including fish
that have been processed in any manner.
Food. "Food" means a raw, cooked, or
processed edible substance, ice, beverage,
or ingredient used or intended for use or
for sale in whole or in part for human
consumption, or chewing gum.
Subp. 30 45. Food. "Food" means a raw, cooked, or
processed edible substance, ice, beverage, or
ingredient used or intended for use or for sale in
whole or in part for human consumption, or
chewing gum.
Foodborne disease outbreak.
A. "Foodborne disease outbreak"
means an incident, except as specified in
item B, when:
(1) two or more persons experience a
similar
illness after ingestion of a common food;
and
(2) epidemiological analysis
implicates the food as the source of the
illness.
B. Foodborne disease outbreak
includes a single case of illness from
botulism or chemical poisoning.
Subp. 31 46. A. Foodborne disease outbreak.
"Foodborne disease outbreak" means an incident,
except as specified in item B, when:
(1) two or more persons experience the
occurrence of two or more cases of a similar illness
resulting from the after ingestion of a common
food.; and
(2) epidemiological analysis implicates the
food as the source of the illness.
B. Foodborne disease outbreak includes a
single case of illness from botulism or chemical
poisoning.
Food cart. "Food cart" has the meaning
given in Minnesota Statutes, section
157.15, subdivision 6.
Subp. 32 47. Food cart. "Food cart" has the
meaning given in Minnesota Statutes, section
157.15, subdivision 6.
Food-contact surface. "Food-contact
surface"
means:
A. a surface of equipment or a utensil
with which
food normally comes into contact; or
B. a surface of equipment or a utensil
from which
food may drain, drip, or splash:
(1) into a food; or
Subp. 48. Food Catering. “Food Catering” means
food that is prepared for service under contract in
support of an event such as a reception, party,
luncheon, conference, ceremony, or trade show.
Food Catering maintains control of the food from
preparation to service to consumer.
Subp. 33 49. Food-contact surface. "Food-contact
surface" means:
A. A surface of equipment or a utensil with which
food normally comes into contact; or
B. A surface of equipment or a utensil from which
food may drain, drip, or splash:
(1) Into a food; or
(2) Onto a surface normally in contact with food.
11
MN Current Code
(2) onto a surface normally in contact
with food.
Chapter 1
Code Consensus Committee Proposed
Subp. 50. Food Delivery. “Food Delivery” means
the transportation of food from a licensed food
establishment to the purchaser when control of the
food is not maintained through the service to the
consumer.
Food employee. "Food employee" means Subp. 34 51. Food employee. "Food employee"
an individual working with unpackaged
means an individual working with unpackaged
food, food equipment or utensils, or food- food, food equipment or utensils, or food-contact
contact surfaces.
surfaces.
Food establishment.
Subp. 35 52. Food establishment.
A. "Food establishment" means an
A. "Food establishment" means an operation that:
operation that:
(1) stores, prepares, packages, serves, vends, or
(1) stores, prepares, packages, serves, otherwise provides food for human consumption:
vends, or
including (1) such as a restaurant; satellite or
otherwise provides food for human
catered feeding location; catering operation if the
consumption, including a restaurant,
operation provides food directly to a consumer or to
satellite or catered feeding location,
a conveyance used to transport people; market,
market, grocery store, convenience store,
grocery store, convenience store, special event food
special event food stand, school, boarding stand, school, boarding establishment, vending
establishment, vending machine and
machine and vending location, institution, and retail
vending location, institution, and retail
bakery; or
bakery; or
(2) That relinquishes possession of food to a
(2) relinquishes possession of food to consumer directly, or indirectly through a delivery
a consumer directly or indirectly through a service, including such as the home delivery of
delivery service, including the home
grocery orders or restaurant takeout orders, and a or
delivery of grocery orders or restaurant
delivery service that is provided by common
takeout orders, and a delivery service that carriers.
is provided by common carriers.
B. “Food establishment” includes:
B. Food establishment includes:
(1) An element of the operation such as a
(1) a transportation vehicle or central transportation vehicle or a central preparation
preparation facility that supplies a vending facility that supplies a vending location or satellite
location or
feeding location unless the vending or feeding
satellite feeding location unless the
location is licensed by the regulatory authority;
vending or feeding location is licensed by
(2) An operation that is conducted in a mobile,
the regulatory authority;
stationary, temporary, or permanent facility or
(2) an operation that is conducted in a location, or cart,; where consumption is on or off
mobile,
the premises; and regardless of whether there is a
stationary, temporary, or permanent
charge for the food; and
facility, location, or cart, regardless of
(3) those food service operations within a
whether consumption is on or off the
hospital, nursing home, or boarding care home
premises and regardless of whether there
licensed under Minnesota Statutes, sections 144.50
is a charge for the food; and
to 144.56, that are not limited to patient or resident
12
Chapter 1
MN Current Code
Code Consensus Committee Proposed
(3) those food service operations
care.
within a hospital, nursing home, or
C. “Food establishment” does not include:
boarding care home licensed under
(1) an establishment excluded from licensure
Minnesota Statutes, sections 144.50 to
under Minnesota Statutes, section 28A.15 or 31.56,
144.56, that are not limited to patient or
or a wholesale food handler, wholesale food
resident care.
processor or manufacturer, or food broker as
C. Food establishment does not
defined in Minnesota Statutes, section 28A.05,
include:
paragraphs (b) to (d), except for retail operations
(1) an establishment excluded from
located within these establishments;
licensure
(2) an establishment excluded under
under Minnesota Statutes, section 28A.15 Minnesota Statutes, section 157.22;
or 31.56, or a wholesale food handler,
(3) A food processing plant, wholesale food
wholesale food processor or
handler, or a custom operator as described in Code
manufacturer, or food broker as defined in of Federal Regulations, title 9, section 303.1,
Minnesota Statutes, section 28A.05,
paragraph (a), subparagraph (2), except:
paragraphs (b) to (d);
(a) a custom processor as defined in
(2) an establishment excluded under
Minnesota Statutes, section 28A.03, subdivision 8,
Minnesota
except for retail operations located within these
Statutes, section 157.22;
establishments;
(3) a food processing plant,
(b) a person engaged in custom processing as
wholesale food
defined in Minnesota Statutes, section 31A.02,
handler, or a custom operator as described subdivision 5; or
in Code of Federal Regulations, title 9,
(c) an animal food manufacturer as defined in
section 303.1, paragraph (a), subparagraph Minnesota Statutes, section 31A.02, subdivision 8,
(2), except:
except for retail operations located within these
(a) a custom processor as defined in establishments;
Minnesota Statutes, section 28A.03,
(4) A kitchen in a private home or other location
subdivision 8;
that receives catered or home-delivered food when
(b) a person engaged in custom
only invited guests are present; or
processing as
(5) a food service limited to patient or resident care
defined in Minnesota Statutes, section
within a hospital, nursing home, boarding care
31A.02, subdivision 5; or
home, or supervised living facility licensed under
(c) an animal food manufacturer as
Minnesota Statutes, sections 144.50 to 144.56,
defined
except for those operations subject to the rules and
in Minnesota Statutes, section 31A.02,
laws administered by the Minnesota Department of
subdivision 8;
Agriculture.
(4) a private home or other location
(6) a food processing plant; including those that are
that
located on the premises of a food establishment.
receives catered or home-delivered food
when only invited guests
are present; or
(5) a food service limited to patient
or resident
care within a hospital, nursing home,
13
MN Current Code
boarding care home, or supervised living
facility licensed under Minnesota Statutes,
sections 144.50 to 144.56, except for those
operations subject to the rules and laws
administered by the Minnesota
Department of Agriculture.
Food processing plant. "Food processing
plant" means a commercial operation that
manufactures, packages, labels, or stores
food for human consumption and does not
provide food directly to a consumer.
Food processing plant does not include a
food establishment as defined in subpart
35.
Chapter 1
Code Consensus Committee Proposed
Subp. 36 53. Food processing plant.
"Food processing plant" means a commercial
operation that manufactures, packages, labels, or
stores food for human consumption, and does not
provides food directly to a consumer for sale or
distribution to other business entitles such as food
processing plants or food establishments.
Food processing plant does not include a food
establishment as defined in subpart 35.
Game animal.
Subp. 37 54. Game animal.
A. "Game animal" means an animal,
A. "Game animal" means an animal, the products of
the products of which are food, that is not which are food, that is not cattle, sheep, swine, or
cattle, sheep, swine, or goat regulated in
goat regulated in Code of Federal Regulations,
Code of Federal Regulations, chapter 9,
chapter 9, parts 301 to 335, poultry regulated in
parts 301 to 335, poultry regulated in
Code of Federal Regulations, chapter 9, part 381, or
Code of Federal Regulations, chapter 9,
fish as defined in subpart 29 classified as livestock,
part 381, or fish as defined in subpart 29.
sheep, swine, goat, horse, mule, or other equine in 9
B. Game animal includes:
CFR 301.2 Definitions, or as Poultry, or fish, or as
(1) a reindeer, elk, deer, antelope,
defined as “Animals” in Minnesota Statutes 31A.02
water buffalo, bison, rabbit, squirrel, bear, Definitions.
and muskrat; an aquatic or nonaquatic bird B. “Game animal” includes (1) a reindeer, elk, deer,
including a wild duck, goose, quail, and
antelope, water buffalo, bison, rabbit, squirrel, bear,
pheasant; a nonaquatic reptile including a and muskrat; an aquatic or nonaquatic bird
rattlesnake; and an aquatic mammal; and
including a wild duck, goose, quail, and pheasant; a
(2) an exotic animal as defined in
nonaquatic reptile including a rattlesnake; and an
Code of
aquatic mammal; and big game and small game as
Federal Regulations, title 9, section 1.1,
defined in Minnesota Statutes 97A.015 Subd. 3,
including a lion, tiger, leopard, elephant,
Subd. 45.
camel, antelope, anteater, kangaroo, water
(2) an exotic animal as defined in Code of
buffalo, and species of foreign domestic
Federal Regulations, title 9, section 1.1, including a
cattle, including ankole, gayal, and yak.
lion, tiger, leopard, elephant, camel, antelope,
anteater, kangaroo, water buffalo, and species of
foreign domestic cattle, including ankole, gayal,
and yak.
C. “Game animal” includes game birds as defined
in Minnesota Statutes 97A.015 Subd. 24.
14
Chapter 1
MN Current Code
Code Consensus Committee Proposed
D. “Game animal” does not include ratites, cervidae
or llama as defined in Minnesota Statutes 17.453,
17.452, and 17.455.
General use pesticide. "General use
Subp. 38 55. "General use pesticide" means a
pesticide" means a pesticide that is not
pesticide that is not classified by the Environmental
classified by the Environmental Protection Protection Agency EPA for restricted use as
Agency for restricted use as specified in
specified in Code of Federal Regulations, title 40
Code of Federal Regulations, title 40,
section CFR 152.175 Pesticides classified for
section 152.175.
restricted use.
Subp. 56. Grade A standards. “Grade A standards”
means the requirements of the United States Public
Health Service/FDA “Grade A Pasteurized Milk
Ordinance” with which certain fluid and dry milk
and milk products comply.
Group residence. "Group residence"
Subp. 39 57. Group residence. "Group residence"
means a private or public housing
means a private or public housing corporation or
corporation or institutional facility that
institutional facility that provides living quarters
provides living quarters and meals. Group and meals. Group residence includes a retirement
residence includes a retirement home, a
home, a long-term health care facility, and other
long-term health care facility, and other
domiciles for unrelated persons.
domiciles for unrelated persons.
HACCP plan. "HACCP plan" means a
Subp. 40 58. HACCP plan. "HACCP plan" means a
written
written document that delineates the formal
document that delineates the formal
procedures for following the hazard analysis and
procedures for following the hazard
critical control point principles developed by The
analysis critical control point principles
National Advisory Committee on Microbiological
developed by the National Advisory
Criteria for Foods.
Committee on Microbiological Criteria for
Foods.
Hazard. "Hazard" means a biological,
chemical, or physical property that may
cause an unacceptable consumer health
risk.
Subp. 59. Handwashing Sink.
A. “Handwashing sink” means a lavatory, a basin or
vessel for washing, a wash basin, or a plumbing
fixture especially placed for use in personal hygiene
and designed for the washing of the hands.
B. “Handwashing sink” includes an automatic
handwashing facility.
Subp. 41 60. "Hazard" means a biological,
chemical, or physical property that may cause an
unacceptable consumer health risk.
Subp. 61. Health practitioner. “Health practitioner”
means a physician licensed to practice medicine, or
if allowed by law, a nurse practitioner, physician
15
Chapter 1
MN Current Code
Code Consensus Committee Proposed
assistant, or similar medical professional.
Hermetically sealed container.
Subp. 42 62. Hermetically sealed container.
"Hermetically sealed container" means a
"Hermetically sealed container" means a container
container that is designed and intended to that is designed and intended to be secure against
be secure against the entry of
the entry of microorganisms and, in the case of low
microorganisms and, in the case of low
acid canned foods, to maintain the commercial
acid canned foods, to maintain the
sterility of its contents after processing.
commercial sterility of its contents after
processing.
Subp. 63. Highly susceptible population.
“Highly susceptible population” means persons
who are more likely than other people in the general
population to experience foodborne disease because
they are:
A. Immunocompromised; preschool age children,
or older adults; and
B. Obtaining food at a facility that provides services
such as custodial care, health care, or assisted
living, such as a child or adult day care center,
kidney dialysis center, hospital or nursing home, or
nutritional or socialization services such as a senior
center.
Imminent health hazard. "Imminent
Subp. 43 64. Imminent health hazard.
health hazard" means a significant threat
"Imminent health hazard" means a significant threat
or danger to health that
or danger to health that is considered to exists when
exists when there is evidence sufficient to there is evidence sufficient to show that a product,
show that a product, practice,
practice, circumstance, or event creates a situation
circumstance, or event creates a situation
that requires immediate correction or cessation of
that requires immediate correction or
operation to prevent injury based on:
cessation of operation to prevent injury
A. The number of potential injuries; and
based on:
B. The nature, severity, and duration of the
A. the number of potential injuries;
anticipated injury.
and
B. the nature, severity, and duration
of the anticipated injury.
Injected. "Injected" means having
Subp. 44 65. Injected. "Injected" means having
manipulated a
manipulated manipulating a meat so that infectious
meat so that infectious or toxigenic
or toxigenic microorganisms may be introduced
microorganisms may be introduced from
from its surface to its interior through tenderizing
its surface to its interior through
with deep penetration or injecting the meat with
tenderizing with deep penetration or
juices, such as by processes which may be referred
injecting the meat with juices, which may to as "injecting," "pinning," or "stitch pumping."
be referred to as "injecting," "pinning," or
"stitch pumping."
16
MN Current Code
Chapter 1
Code Consensus Committee Proposed
Subp. 66. Juice.
A. “Juice” means the aqueous liquid expressed or
extracted from one or more fruits or vegetables,
purees of the edible portions of one or more fruits
or vegetables, or any concentrates of such liquid or
purée.
B. “Juice” does not include, for purposes of
HACCP, liquids, purees, or concentrates that are
not used as beverages or ingredients of beverages.
Kitchenware. "Kitchenware" means food
preparation and storage utensils.
License. "License" means the
authorization issued by the regulatory
authority to a person to operate a food
establishment.
Licensee. "Licensee" means the person
licensed by the regulatory authority who:
A. is the owner, the owner's agent, or
other person
legally responsible for the operation of the
food establishment; and
B. possesses a valid license to operate
a food establishment according to
Minnesota Statutes, chapter 28A or 157.
Linens. "Linens" means fabric items
including cloth hampers, cloth napkins,
tablecloths, wiping cloths, cloth gloves,
and other work garments.
Subp. 45 67. Kitchenware. "Kitchenware" means
food preparation and storage utensils.
Subp. 68. Law. “Law” means applicable local, state,
and federal statutes, regulations, and ordinances.
Subp. 46 69. License. "License" means the
authorization issued by the regulatory authority to a
person to operate a food establishment.
Subp. 47 70. Licensee. "Licensee" means the
person licensed by the regulatory authority who:
A. is the owner, the owner's agent, or other
person legally responsible for the operation of the
food establishment; and
B. possesses a valid license to operate a food
establishment according to Minnesota Statutes,
chapter 28A or 157.
Subp. 48 71. Linens. "Linens" means fabric items
including such as cloth hampers, cloth napkins,
tablecloths, wiping cloths, cloth gloves and other
work garments including cloth gloves.
Subp. 72. Major Food Allergen.
A. “Major food allergen” means:
(1) Milk, egg, fish (such as bass, flounder, cod,
and including crustacean shellfish such as crab,
lobster, or shrimp), tree nuts (such as almonds,
pecans, or walnuts), wheat, peanuts, and soybeans;
or
(2) A food ingredient that contains protein derived
from a food, as specified in Subparagraph (A)(1) of
this definition.
B. “Major food allergen” does not include:
17
Chapter 1
MN Current Code
Code Consensus Committee Proposed
(1) Any highly refined oil derived from a food
specified in Subparagraph (A)(1) of this definition
and any ingredient derived from such highly refined
oil; or
(2) Any ingredient that is exempt under the
petition or notification process specified in the Food
Allergen Labeling and Consumer Protection Act of
2004 (Public Law 108-282).
Mass gathering. "Mass gathering" means Subp. 49 73. Mass gathering. "Mass gathering"
an actual or reasonably anticipated
means an actual or reasonably anticipated assembly
assembly of more than 1,500 persons that of more than 1,500 persons that will continue, or
will continue, or may reasonably be
may reasonably be expected to continue, for more
expected to continue, for more than ten
than ten consecutive hours and that is held in an
consecutive hours and that is held in an
open space or temporary structure especially
open space or temporary structure
constructed, erected, or assembled for the gathering.
especially constructed, erected, or
as defined in MN Statute 144.12 Subd. 2.
assembled for the gathering.
Meat. "Meat" means the flesh of animals
used as food including the dressed flesh of
cattle, swine, sheep, or goats and other
edible animals, except fish, poultry, and
wild game, that is offered for human
consumption.
Subp. 50 74. Meat. "Meat" means the flesh of
animals used as food including the dressed flesh of
cattle, swine, sheep, or goats and other edible
animals, except fish, poultry, and wild game, that is
offered for human consumption animals as
specified in parts 4626.0160(A)(3) and (4).
mg/L. "mg/L" means milligrams per liter,
which is the metric equivalent of parts per
million (ppm).
Subp. 51 75. mg/L. "mg/L" means milligrams per
liter, which is the metric equivalent of parts per
million (ppm).
Molluscan shellfish. "Molluscan
shellfish" means an edible species of fresh
or frozen oysters, clams, mussels, and
scallops or edible portions thereof, except
when the scallop product consists only of
the shucked adductor muscle.
Subp. 52 76. Molluscan shellfish. "Molluscan
shellfish" means an edible species of fresh or frozen
oysters, clams, mussels, and scallops or edible
portions thereof, except when the scallop product
consists only of the shucked adductor muscle.
Noncritical item.
A. "Noncritical item" means a part of
the Code that, if in noncompliance, is less
likely than other violations to contribute to
food contamination, illness, or
environmental degradation.
B. A part that is denoted in the Code
Subp. 52a. Noncritical item.
A. "Noncritical item" means a part of the Code
that, if in noncompliance, is less likely than other
violations to contribute to food contamination,
illness, or environmental degradation.
B. A part that is denoted in the Code without an
asterisk (*) after the headnote is a noncritical item.
18
Chapter 1
MN Current Code
Code Consensus Committee Proposed
without an asterisk (*) after the headnote
C. A part designated as a critical item may have
is a noncritical item.
a provision within the part designated as a
C. A part designated as a critical item noncritical item. This is indicated by a superscripted
may have a provision within the part
letter N following the provision.
designated as a noncritical item. This is
indicated by a superscripted letter N
following the provision.
Subp. 9. Subp. 77. Operator. "Operator" means the
person responsible for the overall operation of a
food establishment.
Subp. 10. Subp. 78. Owner. "Owner" means the
person who owns a food establishment.
Packaged. "Packaged" means bottled,
Subp. 53 79. Packaged.
canned, cartoned, securely bagged, or
A. "Packaged" means bottled, canned, cartoned,
securely wrapped, whether packaged in a
securely bagged, or securely wrapped, whether
food establishment or a food processing
packaged in a food establishment or a food
plant.
processing plant.
B. “Packaged” does not include a wrapper, carryPackaged does not include a wrapper,
out box, or other nondurable container used to
carry-out box, or other nondurable
containerize food to protect with the purpose of
container used to containerize food to
facilitating food protection during service and
protect food during service and receipt of
receipt of the food by the consumer.
the food by the consumer.
Person. "Person" means an association,
corporation, individual, partnership,
government, governmental subdivision or
agency, or other legal entity.
Subp. 54 80. Person. "Person" means an
association, a corporation, individual, partnership,
other legal entity, government, or governmental
subdivision or agency, or other legal entity.
Person in charge. "Person in charge"
means the individual present at a food
establishment who is responsible for the
operation at the time of inspection.
Subp. 55 81. Person in charge. "Person in charge"
means the individual present at a food
establishment who is responsible for the operation
at the time of inspection.
Personal care item. "Personal care item"
means an item or substance that may be
poisonous, toxic, or a source of
contamination and is used to maintain or
enhance a person's health, hygiene, or
appearance.
Subp. 56 82. Personal care item.
A. "Personal care item" means an items or
substances that may be poisonous, toxic, or a source
of contamination and is are used to maintain or
enhance a person’s health, hygiene, or appearance.
B. “Personal care item: includes items such as
medicines; first aid supplies; cosmetics, toothpaste,
mouthwash, and other toiletries. and other items
Personal care item includes medicines,
19
MN Current Code
first aid supplies, cosmetics, toothpaste,
mouthwash, and other toiletries.
Chapter 1
Code Consensus Committee Proposed
such as cosmetics, and other toiletries such as
toothpaste and mouthwash.
pH. "pH" is the symbol for the negative
logarithm of the hydrogen ion
concentration, which is a measure of the
degree of acidity or alkalinity of a
solution. Values between 0 and 7 indicate
acidity and values between 7 and 14
indicate alkalinity. The value for pure
distilled water is 7, which is neutral.
Subp. 57 83. pH. "pH" is means the symbol for the
negative logarithm of the hydrogen ion
concentration, which is a measure of the degree of
acidity or alkalinity of a solution. Values between
zero and seven indicate acidity and values between
seven and 14 indicate alkalinity. The value for pure
distilled water is seven, which is considered neutral.
Physical facility. "Physical facility"
means
the structure and interior surfaces of a
food establishment including soap and
towel dispensers and other accessories,
light fixtures, heating or air conditioning
system vents, and other attachments.
Subp. 58 84. Physical facility. "Physical facility"
means the structure and interior surfaces of a food
establishment including accessories such as soap
and towel dispensers and other accessories,
attachments such as light fixtures, and heating or air
conditioning system vents, and other attachments.
Plumbing fixture. "Plumbing fixture"
means a receptacle or device that:
A. is permanently or temporarily
connected to the
water distribution system of the premises
and demands a supply of water from the
system; or
B. discharges used water, waste
materials, or sewage directly or indirectly
to the drainage system of the premises.
Plumbing system. "Plumbing system"
means the water supply and distribution
pipes; plumbing fixtures and traps; soil,
waste, and vent pipes; sanitary and storm
sewers and building drains, including their
respective connections, devices, and
appurtenances within the premises; and
water-treating equipment.
Subp. 59 85. Plumbing fixture. "Plumbing fixture"
means a receptacle or device that:
A. Is permanently or temporarily connected to the
water distribution system of the premises and
demands a supply of water from the system; or
B. Discharges used water, waste materials, or
sewage directly or indirectly to the drainage system
of the premises.
Poisonous or toxic material. "Poisonous
or toxic material" means a substance that
is not intended for ingestion and is
included in one of the following four
categories:
Subp. 61 87. Poisonous or toxic material.
"Poisonous or toxic material" means a substances
that is are not intended for ingestion and is are
included in four categories:
A. Cleaners and sanitizers, which includeing
Subp. 60 86. Plumbing system. "Plumbing system"
means the water supply and distribution pipes;
plumbing fixtures and traps; soil, waste, and vent
pipes; sanitary and storm sewers and building
drains, including their respective connections,
devices, and appurtenances within the premises;
and water-treating equipment.
20
MN Current Code
A. cleaners and sanitizers, including
caustics,
acids, drying agents, and polishes;
B. pesticides, including insecticides
and
rodenticides;
C. substances necessary for the
operation and
maintenance of the establishment,
including non-food-grade lubricants and
personal care items that may be
deleterious to health; or
D. substances that are not necessary
for the operation and maintenance of the
establishment and are on the premises for
retail sale including petroleum products
and paints.
Potentially hazardous food.
A. "Potentially hazardous food"
means a food that is natural or synthetic
and is in a form capable of supporting:
(1) the rapid and progressive growth
of
infectious or toxigenic microorganisms;
(2) the growth and toxic production
of Clostridium botulinum; or
(3) in raw shell eggs, the growth of
Salmonella
enteritidis.
B. Potentially hazardous food
includes a food of
animal origin that is raw or heat-treated, a
food of plant origin that is heat-treated or
consists of raw seed sprouts, cut melons,
and garlic and oil mixtures that are not
acidified or otherwise modified at a food
processing plant in a way that results in
mixtures that do not support growth as
specified in item A.
C. Potentially hazardous food does
not include:
(1) an air-cooled hard-boiled egg
with shell
Chapter 1
Code Consensus Committee Proposed
cleaning and sanitizing agents and agents such as
caustics, acids, drying agents, and polishes, and
other chemicals;
B. Pesticides, except sanitizers, which includeing
substances such as insecticides and rodenticides;
C. Substances necessary for the operation and
maintenance of the establishment including such as
nonfood grade lubricants and personal care items
that may be deleterious to health; or
D. Substances that are not necessary for the
operation and maintenance of the establishment and
are on the premises for retail sale, including such as
petroleum products and paints.
Subp. 62 88. Potentially Hazardous Food
(Time/Temperature Control for Safety Food)
A. “Potentially hazardous food (time/temperature
control for safety food)” means a food that is
natural or synthetic and is in a form capable of
supporting:
(1) the rapid and progressive growth of
infectious or toxigenic microorganisms;
(2) the growth and toxic production of
Clostridium botulinum; or
(3) in raw shell eggs, the growth of Salmonella
enteritidis.
B. Potentially hazardous food includes a food
of animal origin that is raw or heat-treated, a food
of plant origin that is heat-treated or consists of raw
seed sprouts, cut melons, and garlic and oil
mixtures that are not acidified or otherwise
modified at a food processing plant in a way that
results in mixtures that do not support growth as
specified in item A.
C. Potentially hazardous food does not include:
(1) an air-cooled hard-boiled egg with shell
intact;
(2) a food with an aw value of 0.85 or less;
(3) a food with a pH level of 4.6 or below
when measured at 24 degrees C (75 degrees F);
21
Chapter 1
MN Current Code
Code Consensus Committee Proposed
intact;
(4) a food, in an unopened hermetically sealed
(2) a food with an aw value of 0.85
container, that is commercially processed to achieve
or less;
and maintain commercial sterility under conditions
(3) a food with a pH level of 4.6 or
of nonrefrigerated storage and distribution;
below when
(5) a food for which laboratory evidence
measured at 24 degrees C (75 degrees F); demonstrates that the rapid and progressive growth
(4) a food, in an unopened
of infectious and toxigenic microorganisms or the
hermetically sealed
growth of Salmonella enteritidis in eggs or
container, that is commercially processed Clostridium botulinum cannot occur, including a
to achieve and maintain commercial
food that has an aw and a pH that are above the
sterility under conditions of
levels specified in subitem (2) or (3) and that may
nonrefrigerated storage and distribution;
contain a preservative, other barrier to the growth of
(5) a food for which laboratory
microorganisms, or a combination of barriers that
evidence
inhibit the growth of microorganisms; or
demonstrates that the rapid and
(6) a food that may contain an infectious or
progressive growth of infectious and
toxigenic microorganism or chemical or physical
toxigenic microorganisms or the growth of contaminant at a level sufficient to cause illness, but
Salmonella enteritidis in eggs or
that does not support the growth of microorganisms
Clostridium botulinum cannot occur,
as specified in item A.
including a food that has an aw and a pH
requires time/temperature control for safety (TCS)
that are above the levels specified in
to limit pathogenic microorganism growth or toxin
subitem (2) or (3) and that may contain a
formation.
preservative, other barrier to the growth of B. “Potentially hazardous food (time/temperature
microorganisms, or a combination of
control for safety food)” includes:
barriers that inhibit the growth of
(1) An animal food that is raw or heat-treated; a
microorganisms; or
plant food that is heat-treated or consists of raw
(6) a food that may contain an
seed sprouts, cut melons, cut tomatoes or mixtures
infectious or
of cut tomatoes that are not modified in a way so
toxigenic microorganism or chemical or
that they are unable to support pathogenic
physical contaminant at a level sufficient
microorganism growth or toxin formation, or garlicto cause illness, but that does not support
in-oil mixtures that are not modified in a way that
the growth of microorganisms as specified results in mixtures that do not support pathogenic
in item A.
microorganism growth or toxin formation; and
(2) Except as specified in Subparagraph C(3) of
this definition, a food that because of the interaction
of its Aw and pH values is designated as Product
Assessment Required (PA) in Table A or B of this
definition:
Table A. Interaction of PH and AW for control
of spores in FOOD heat-treated to destroy
vegetative cells and subsequently
PACKAGED
AW
22
PH
values
MN Current Code
Chapter 1
Code Consensus Committee Proposed
values
4.6 or less > 4.6 - 5.6 > 5.6
<0.92
NonnonnonPHF*/nonPHF/nonPHF/nonTCS
TCS FOOD TCS FOOD
FOOD**
> 0.92 - NonnonPA***
.95
PHF/nonPHF/nonTCS FOOD TCS FOOD
> 0.95 NonPA
PA
PHF/nonTCS FOOD
* PHF means POTENTIALLY HAZARDOUS FOOD **
TCS FOOD means TIME/TEMPERATURE CONTROL
FOR SAFETY FOOD *** PA means Product
Assessment required
Table B. Interaction of PH and AWW
for control of vegetative cells and spores in
FOOD not heat-treated or heat-treated but
not PACKAGED
AW
PH
values
< 4.2
< 0.88
0.88 –
0.90
> 0.90 –
0.92
> 0.92
23
nonPHF*/
nonTCS
food**
nonPHF/
nonTCS
food
nonPHF/
nonTCS
food
nonPHF/
nonTCS
food
values
4.2 4.6
nonPHF/
nonTCS
food
nonPHF/
nonTCS
food
nonPHF/
nonTCS
food
> 4.6 5.0
nonPHF/
nonTCS
food
nonPHF/
nonTCS
food
PA***
PA
PA
PA
PA
PA
> 5.0
nonPHF/
nonTCS
food
MN Current Code
Chapter 1
Code Consensus Committee Proposed
* PHF means POTENTIALLY HAZARDOUS FOOD **
TCS FOOD means TIME/TEMPERATURE CONTROL
FOR SAFETY FOOD *** PA means Product
Assessment required
Poultry. "Poultry" means any
domesticated bird, including chickens,
C. “Potentially hazardous food (time/temperature
control for safety food)” does not include
(1) An air-cooled hard-boiled egg with shell
intact, or an egg with shell intact that is not hardboiled, but has been pasteurized to destroy all
viable salmonellae;
(2) A food in an unopened hermetically sealed
container that is commercially processed to achieve
and maintain commercial sterility under conditions
of non-refrigerated storage and distribution;
(3) A food that because of its pH or Aw value, or
interaction of Aw and pH values, is designated as a
non-PHF/non-TCS food in Table A or B of this
definition;
(4) A food that is designated as Product
Assessment Required (PA) in Table A or B of this
definition and has undergone a Product Assessment
showing that the growth or toxin formation of
pathogenic microorganisms that are reasonably
likely to occur in that food is precluded due to:
(i) Intrinsic factors including added or natural
characteristics of the food such as preservatives,
antimicrobials, humectants, acidulants, or nutrients,
(ii) Extrinsic factors including environmental or
operational factors that affect the food such as
packaging, modified atmosphere such as reduced
oxygen packaging, shelf life and use, or
temperature range of storage and use, or
(iii) A combination of intrinsic and extrinsic
factors; or
(5) A food that does not support the growth or
toxin formation of pathogenic microorganisms in
accordance with one of the Subparagraphs C(1) –
C(4) of this definition even though the food may
contain a pathogenic microorganism or chemical or
physical contaminant at a level sufficient to cause
illness or injury.
Subp. 63 89. Poultry. "Poultry" means
A. Any domesticated bird including (chickens,
24
Chapter 1
MN Current Code
Code Consensus Committee Proposed
turkeys, ducks, geese, or guineas, whether turkeys, ducks, geese, or guineas, ratites, or
live or dead.
squabs), whether live or dead, as defined in 9 CFR
381.1 Poultry Products Inspection Regulations
Definitions, Poultry; and
B. Any migratory waterfowl or game bird,
pheasant, partridge, quail, grouse, or pigeon,
whether live or dead, as defined in 9 CFR 362.1
Voluntary Poultry Inspection Regulations,
Definitions.
Premises. "Premises" means:
Subp. 64 90. Premises. "Premises" means:
A. the physical facility, its contents,
A. The physical facility, its contents, and the
and the
contiguous land or property under the control of the
contiguous land or property under the
licensee; or
control of the licensee; or
B. The physical facility, its contents, and the
B. the physical facility, its contents,
contiguous land or property and not described in
and the contiguous land or property and its Subparagraph 1 of this definition if its facilities and
facilities and contents that are under the
contents that are under the control of the licensee
control of the licensee that may impact
that and may impact food establishment personnel,
food establishment personnel, facilities, or facilities, or operations, if and a food establishment
operations, if a food establishment is only is only one component of a larger operation such as
one component of a health care facility,
a health care facility, hotel, motel, school,
hotel, motel, school, recreational camp,
recreational camp, or prison, or other large
prison, or other large operation.
operation.
Primal cut. "Primal cut" means a basic
major cut into which carcasses and sides
of meat are separated.
Public water system. "Public water
system" means a system as defined in
chapter 4720 and Code of Federal
Regulations, title 40, section 141.2.
Subp. 11 91. Prepare. "Prepare" means to process
food by heating, cooking, canning, extracting,
fermenting, distilling, pickling, freezing, baking,
drying, smoking, grinding, cutting, mixing, coating,
stuffing, packing, bottling, packaging, or any other
treatment or preservation process.
Subp. 65 92. Primal cut. "Primal cut" means a basic
major cut into which carcasses and sides of meat
are separated, such as a beef round, pork loin, lamb
flank, or veal breast.
Subp. 66 93. Public water system. “Public water
system” means a system as defined in chapter 4720
and Code of Federal Regulations, title 40, section
141.2. has the meaning stated in 40 CFR 141
National Primary Drinking Water Regulations and
in MN chapter 4720.
Subp. 94. Rattie. “Ratite” means a flightless bird
such as an emu, ostrich, or rhea.
25
MN Current Code
Ready-to-eat food.
A. "Ready-to-eat food" means food
that is in a form that is edible without
washing, cooking, or additional
preparation by the food establishment or
the consumer and that is reasonably
expected to be consumed in that form.
B. Ready-to-eat food includes:
(1) unpackaged potentially hazardous
food that is cooked to the temperature and
time required for the specific food under
parts 4626.0340 and 4626.0345;
(2) raw, washed, cut fruits and
vegetables;
(3) whole, raw fruits and vegetables
that are presented for consumption
without the need for further washing; and
(4) other food presented for
consumption for which further washing or
cooking is not required and from which
rinds, peels, husks, or shells are removed.
Chapter 1
Code Consensus Committee Proposed
Subp. 67 95. Ready-to-eat food.
A. "Ready-to-eat food" means food that:
(1) Is in a form that is edible without washing,
cooking, or additional preparation by the food
establishment or the consumer and that is
reasonably expected to be consumed in that form.
B. Ready-to-eat food includes:
(1) unpackaged potentially hazardous food that
is cooked to the temperature and time required for
the specific food under parts 4626.0340 and
4626.0345; to achieve food safety, as specified
under one of the following: part 4626.0340(A) or
(B), 4626.0345, or 4626.0350, or as specified in
part 4626.0340(C); or
(2) Is a raw washed, cut fruits and vegetables or
partially cooked animal food and the consumer is
advised as specified in parts 4626.0340D)(1) and
(2); or
(3) Is prepared in accordance with a variance that
is granted as specified in Subparagraphs
4626.0340(D) and (3); and
(4) May receive additional preparation for
palatability or aesthetic, epicurean, gastronomic, or
culinary purposes.
B. “Ready-to-eat food” includes:
(1) Raw animal food that is cooked as specified in
part 4626.0340 or 4626.0345, or frozen as specified
under § 4626.0350;
(3) (2) whole, Raw fruits and vegetables that are
presented for consumption without the need for
further washing; and washed as specified in part
4626.0255;
(4) other food presented for consumption for which
further washing or cooking is not required and from
which rinds, peels, husks, or shells are removed.
(3) Fruits and vegetables that are cooked for hot
holding, as specified under § 3-401.13;
(4) All potentially hazardous food
(time/temperature control for safety food) that is
cooked to the temperature and time required for the
specific food under Subpart 3-401 and cooled as
specified in part 4626.0385;
(5) Plant food for which further washing, cooking,
or other processing is not required for food safety,
26
Chapter 1
MN Current Code
Code Consensus Committee Proposed
and from which rinds, peels, husks, or shells, if
naturally present are removed;
(6) Substances derived from plants such as spices,
seasonings, and sugar;
(7) A bakery item such as bread, cakes, pies,
fillings, or icing for which further cooking is not
required for food safety;
(8) The following products that are produced in
accordance with USDA guidelines and that have
received a lethality treatment for pathogens: dry,
fermented sausages, such as dry salami or
pepperoni; sausages, such as dry salami or
pepperoni; salt-cured meat and poultry products,
such as prosciutto ham, country cured ham, and
Parma ham; and dried meat and poultry products,
such as jerky or beef sticks; and
(9) foods manufactured as specified in 21 CFR
Part 113, Thermally Processed Low-Acid Foods
Packaged in Hermetically Sealed Containers.
Reduced oxygen packaging.
Subp. 68 96. Reduced oxygen packaging.
A. "Reduced oxygen packaging"
A. "Reduced oxygen packaging" means
means the reduction of the amount of
(1) The reduction of the amount of oxygen in a
oxygen in a package by mechanically
package by mechanically evacuating the oxygen,
evacuating the oxygen, displacing the
displacing the oxygen with another gas or
oxygen with another gas or combination
combination of gases, or otherwise controlling the
of gases, or otherwise controlling the
oxygen content in a package to a level below that
oxygen content in a package to a level
normally found in the surrounding atmosphere,
below that normally found in the
which is 21 percent oxygen. removing oxygen;
surrounding atmosphere, which is 21
displacing oxygen and replacing it with another gas
percent oxygen.
or combination of gases; or otherwise controlling
B. Reduced oxygen packaging
the oxygen content to a level below found in the
includes methods that may be referred to
atmosphere (approximately 21% at sea level); and
as altered atmosphere, modified
(2) A process as specified in Subparagraph A(1)
atmosphere, controlled atmosphere, low
of this definition that involves a food for which the
oxygen, and vacuum packaging including hazards Clostridium botulinum or Listeria
sous vide.
monocytogenes require control in the final
C. Reduced oxygen packaging does
packaged form.
not include packaging that allows oxygen B. “Reduced oxygen packaging” includes methods
transmission of at least 7,200 cubic
that may be referred to as altered atmosphere,
centimeters per square meter over a 24modified atmosphere, controlled atmosphere, low
hour period.
oxygen, and vacuum packaging including sous vide.
:
(1) Vacuum packaging, in which air is removed
from a package of food and the package is
27
MN Current Code
Refuse. "Refuse" means solid waste not
carried by water through the sewage
system.
Regulatory authority. "Regulatory
authority" means the local, state, or
federal enforcement body or authorized
representative having jurisdiction over the
food establishment.
Chapter 1
Code Consensus Committee Proposed
hermetically sealed so that a vacuum remains inside
the package;
(2) Modified atmosphere packaging, in which the
atmosphere of a package of food is modified so that
its composition is different from air but the
atmosphere may change over time due to the
permeability of the packaging material or the
respiration of the food. Modified atmosphere
packaging includes reduction in the proportion of
oxygen, total replacement of oxygen, or an increase
in the proportion of other gases such as carbon
dioxide or nitrogen;
(3) Controlled atmosphere packaging, in which
the atmosphere of a package of food is modified so
that until the package is opened, its composition is
different from air, and continuous control of that
atmosphere is maintained, such as by using oxygen
scavengers or a combination of total replacement of
oxygen, nonrespiring food, and impermeable
packaging material;
(4) Cook chill packaging, in which cooked food is
hot filled into impermeable bags which have the air
expelled and are then sealed or crimped closed. The
bagged food is rapidly chilled and refrigerated at
temperatures that inhibit the growth of
psychotrophic pathogens; or
(5) Sous vide packaging, in which raw or partially
cooked food is placed in a hermetically sealed,
impermeable bag, cooked in the bag, rapidly
chilled, and refrigerated at temperatures that inhibit
the growth of psychotrophic pathogens.
C. Reduced oxygen packaging does not include
packaging that allows oxygen transmission of at
least 7,200 cubic centimeters per square meter over
a 24-hour period.
Subp. 69 97. Rufuse. "Refuse" means solid waste
not carried by water through the sewage system.
Subp. 70 98. Regulatory authority. "Regulatory
authority" means the local, state, or federal
enforcement body or authorized representative
having jurisdiction over the food establishment.
Subp. 99. Reminder. “Reminder” means a written
28
Chapter 1
MN Current Code
Code Consensus Committee Proposed
statement concerning the health risk of consuming
animal foods raw, undercooked, or without
otherwise being processed to eliminate pathogens.
Subp. 100. Re-service. “Re-service” means the
transfer of food that is unused and returned by a
consumer after being served or sold and in the
possession of the consumer, to another person.
Subp. 101. Restrict. “Restrict” means to limit the
activities of a food employee so that there is no risk
of transmitting a disease that is transmissible
through food and the food employee does not work
with exposed food, clean equipment, utensils,
linens, or unwrapped single-service or single-use
articles.
Subp. 102. Restricted egg. “Restricted egg” means
any check, dirty egg, incubator reject, inedible,
leaker, or loss as defined in 9 CFR 590.
Restricted use pesticide. "Restricted use
Subp. 71 103. Restricted use pesticide. "Restricted
pesticide" means a pesticide product that
use pesticide" means a pesticide product that
contains the active ingredients specified
contains the active ingredients specified in the
in the Federal Insecticide, Fungicide, and
Federal Insecticide, Fungicide, and Rodenticide
Rodenticide Act, United States Code, title Act, United States Code, title 7, sections 136 to
7, sections 136 to 136y, and Code of
136y, and Code of Federal Regulations, title 40,
Federal Regulations, title 40, section
section 152.175, 40 CFR 152.175 Pesticides
152.175, and that is limited to use by a
classified for restricted use, and that is limited to
commercial applicator.
use by a commercial licensed applicator.
Retail bakery. "Retail bakery" means a
building or part of a building used to
process, store, or sell bakery products
directly to the consumer.
Retail food vehicle, portable structure, or
cart. "Retail food vehicle, portable
structure, or cart" means a food
establishment licensed under Minnesota
Statutes, sections 28A.06 and 28A.07, that
is a motor vehicle, portable structure, or
nonmotorized cart where food and food
products are:
A. offered to the consumer;
B. intended for off-premises
consumption; and
C. not subject to on-site preparation.
Subp. 72. Retail bakery. "Retail bakery" means a
building or part of a building used to process, store,
or sell bakery products directly to the consumer.
Subp. 72 104. Retail food vehicle, portable
structure, or cart. "Retail food vehicle, portable
structure, or cart" means a food establishment
licensed under Minnesota Statutes, sections 28A.06
and 28A.07, that is a motor vehicle, portable
structure, or nonmotorized cart where food and food
products are:
A. offered to the consumer;
B. intended for off-premises consumption; and
C. not subject to on-site preparation.
Subp. 105. Risk. “Risk” means the likelihood that
29
Chapter 1
MN Current Code
Code Consensus Committee Proposed
an adverse health effect will occur within a
population as a result of a hazard in a food.
Safe material. "Safe material" means:
Subp. 74 106. Safe material. "Safe material" means:
A. an article manufactured from or
A. An article manufactured from or composed of
composed of
materials that may not reasonably be expected to
materials that may not reasonably be
result, directly or indirectly, in their becomeing a
expected to directly or indirectly become a component or otherwise affecting the characteristics
component or otherwise affect the
of any food;
characteristics of a food;
B. An additive that is used as specified in § 409 or
B. an additive that is used as specified 706 of the Federal Food, Drug, and Cosmetic Act,
in the
United States Code, title 21, section 348 or 379e; or
Federal Food, Drug, and Cosmetic Act,
C. any Other material that is are not an additives
United States Code, title 21, section 348
and that is are used in conformity with applicable
or 379e; or
regulations of the Food and Drug Administration.
C. any other material that is not an
additive and
that is used in conformity with applicable
regulations of the Food and Drug
Administration.
Sanitization. "Sanitization" means the
application of cumulative heat or
chemicals on cleaned food-contact
surfaces that, when evaluated for efficacy,
yields a reduction of five logs, which is
equal to a 99.999 percent reduction, of
representative disease microorganisms of
public health importance.
Sealed. "Sealed" means free of cracks or
other openings that allow the entry or
passage of moisture.
Subp. 75 107. Sanitation. "Sanitization" means the
application of cumulative heat or chemicals on
cleaned food-contact surfaces that, when evaluated
for efficacy, is sufficient to yields a reduction of
five logs, which is equal to a 99.999% reduction, of
representative disease microorganisms of public
health importance.
Subp. 12108. School. "School" has the meaning
given in Minnesota Statutes, section 120A.22,
subdivision 4.
Subp. 76 109. Sealed. "Sealed" means free of cracks
or other openings that allow the entry or passage of
moisture.
Subp. 13110. Senior nutrition program. "Senior
nutrition program" means a program that consists of
service distribution points that provide congregate
meals, home-delivered meals, and linkages to social
service programs for persons 60 years of age or
older.
Subp. 111. Service animal. “Service animal” means
an animal such as a guide dog, signal dog, or other
30
Chapter 1
MN Current Code
Code Consensus Committee Proposed
animal individually trained to provide assistance to
an individual with a disability.
Servicing area. "Servicing area" means an Subp. 77 112. Servicing area. "Servicing area"
operating base location to which a mobile means an operating base location to which a mobile
food establishment or transportation
food establishment or transportation vehicle returns
vehicle returns regularly for discharging
regularly for such things as vehicle and equipment
liquid or solid wastes or refilling water
cleaning, discharging liquid or solid wastes, or
tanks and ice bins, and where food, food
refilling water tanks and ice bins, and where food,
equipment, and supplies for the business
food equipment, and supplies for the business are
are stored.
stored boarding food.
Sewage. "Sewage" means liquid waste
containing animal or vegetable matter in
suspension or solution and may include
liquids containing chemicals in solution.
Shellfish. "Shellfish" means all edible
species of oysters, clams, and mussels
either shucked, in the shell, fresh or fresh
frozen, whole or in part.
Shellstock. "Shellstock" means raw, inshell molluscan shellfish.
Shucked shellfish. "Shucked shellfish"
means molluscan shellfish that have one
or both shells removed.
Single-service article. "Single-service
article" means a tableware, carry-out
utensil, bag, container, placemat, stirrer,
straw, toothpick, wrapper, or other item
that is designed and constructed for onetime, one-person use.
Subp. 78 113. Sewage. "Sewage" means liquid
waste containing animal or vegetable matter in
suspension or solution and may include liquids
containing chemicals in solution.
Subp. 114. Shellfish control authority. “Shellfish
control authority” means a state, federal, foreign,
tribal, or other government entity legally
responsible for administering a program that
includes certification of molluscan shellfish
harvesters and dealers for interstate commerce.
Subp. 78a. Shellfish. "Shellfish" means all edible
species of oysters, clams, and mussels either
shucked, in the shell, fresh or fresh frozen, whole or
in part.
Subp. 79 115. Shellstock. "Shellstock" means raw,
in-shell molluscan shellfish
Subp. 116. Shiga toxin-producing Escherichia coli.
“Shiga toxin-producing Escherichia coli” (STEC)
means any E. coli capable of producing Shiga
toxins (also called verocytotoxins or “Shiga-like”
toxins). Examples of serotypes of STEC include
both O157 and non O157 E. coli. Also see
Enterohemorrhagic Escherichia Coli.
Subp. 80 117. Shucked shellfish. "Shucked
shellfish" means molluscan shellfish that have one
or both shells removed.
Subp. 81 118. Single-service articles. "Singleservice articles" means a tableware, carry-out
utensils, and other items such as bags, containers,
placemats, stirrers, straws, toothpicks, and
wrappers, or other item that are designed and
constructed for one time, one person use after
which they are intended for discard.
31
Chapter 1
MN Current Code
Code Consensus Committee Proposed
Single-use article.
Subp. 82 119. Single-use article.
A. "Single-use article" means a
A. "Single-use article" means a utensils and or bulk
utensil or bulk food container designed
food containers designed and constructed to be used
and constructed to be used once and
once and discarded.
discarded
B. “Single-use articles” includes items such as wax
B. Single-use article includes wax
paper, butcher paper, plastic wrap, formed
paper, butcher paper, plastic wrap, formed aluminum food containers, jars, plastic tubs or
aluminum food containers, jars, plastic
buckets, bread wrappers, pickle barrels, ketchup
tubs or buckets, bread wrappers, pickle
bottles, and number ten cans, and other items that
barrels, ketchup bottles, number 10 cans,
which do not meet the materials, durability,
and other items that do not meet the
strength, and cleanability specifications contained
materials, durability, strength, and
in parts 4626.0450, 4626.0505, and 4626.0515 for
cleanability specifications contained in
multiuse utensils.
parts 4626.0450, 4626.0505, and
4626.0515 for multiuse utensils.
Slacking. "Slacking" means the process
Subp. 83 120. Slacking. "Slacking" means the
of moderating the temperature of a food,
process of moderating the temperature of a food
including allowing a food to gradually
including such as allowing a food to gradually
increase from a temperature of -23
increase from a temperature of -23° C (-10° F) to degrees C (-10 degrees F) to -4 degrees C 4° C (25° F) in preparation for deep-fat frying or for
(25 degrees F) in preparation for deep-fat
to facilitate even heat penetration during the
frying or for even heat penetration during cooking of previously block-frozen food such as
the cooking of previously block-frozen
shrimp.
food.
Smooth. "Smooth" means:
Subp. 84 121. Smooth. "Smooth" means:
A. for a food-contact surface, free of
A. for A food-contact surface free of pits and
pits and inclusions with a cleanability
inclusions with a cleanability equal to or exceeding
equal to or exceeding that of number 3
that of (100 grit) number 3 (100 grit) stainless
(100 grit) stainless steel;
steel;
B. for a non-food-contact surface of
B. for A nonfood-contact surface of equipment
equipment, equal to the surface of
having a surface equal to the surface that of
commercial grade hot-rolled steel free of
commercial grade hot-rolled steel free of visible
visible scale; or
scale; or
C. for a floor, wall, or ceiling, even or C. for A floor, wall, or ceiling having an even or
level with
level surface with no roughness or projections that
no roughness or projections that render the render the surface it difficult to clean.
surface difficult to clean.
Special event food stand. "Special event
Subp. 85 122. Special event food stand. "Special
food stand" has the meaning given in
event food stand" has the meaning given in
Minnesota Statutes, section 157.15,
Minnesota Statutes, section 157.15, subdivision 14.
subdivision 14.
Support animal. "Support animal" means Subp. 86. Support animal. "Support animal"
a seeing eye dog or other trained animal
means a seeing eye dog or other trained animal that
that accompanies a person with a
accompanies a person with a disability to assist in
32
MN Current Code
disability to assist in managing the
disability and enables the person to
perform functions that the person would
otherwise be unable to perform.
Chapter 1
Code Consensus Committee Proposed
managing the disability and enables the person to
perform functions that the person would otherwise
be unable to perform.
Subp. 87. Table-mounted equipment. "Tablemounted equipment" means equipment that is not
portable and is designed to be mounted off the floor
on a table, counter, or shelf.
Subp. 88 123. Tableware. "Tableware" means
eating, drinking, and or serving utensils for table
use such as flatware including forks, knives, and
spoons, and other flatware; hollowware including
bowls, cups, serving dishes, and tumblers, and other
hollowware; and plates.
Subp. 89 124. Temperature measuring device.
"Temperature measuring device" means a
thermometer, thermocouple, thermistor, or other
device that indicates the temperature of food, air, or
water.
Subp. 90 125. Temporary food establishment.
"Temporary food establishment" means a food
establishment that is a mobile food unit, seasonal
permanent food stand, or seasonal temporary food
stand, as those terms are defined in Minnesota
Statutes, section 157.15, subdivisions 9, 12a, and
13.
Subp. 126. USDA. “USDA” means the U.S.
Department of Agriculture.
Subp. 91 127. Utensil. "Utensil" means a foodcontact implement or container used in the storage,
preparation, transportation, dispensing, sale, or
service of food, including such as kitchenware or
tableware that is multiuse, single-service, or singleuse; gloves used in contact with food; and food
temperature measuring devices temperature sensing
probes of food temperature measuring devices; and
probe-type price or identification tags used in
contact with food.
Subp. 128. Variance. “Variance” means a written
document issued by the regulatory authority that
authorizes a modification or waiver of one or more
requirements of this Code if, in the opinion of the
regulatory authority, a health hazard or nuisance
will not result from the modification or waiver.
33
Chapter 1
MN Current Code
Code Consensus Committee Proposed
Subp. 92 129. "Vending machine" means a selfservice device that, upon insertion of a coin, paper
currency, token, card, or key, or by optional manual
operation, dispenses unit servings of food in bulk or
in packages without the necessity of replenishing
the device between each vending operation.
Table-mounted equipment. "TableSubp. 93 130. Vending machine location.
mounted equipment" means equipment
"Vending machine location" means a the room,
that is not portable and is designed to be
enclosure, space, or area where one or more
mounted off the floor on a table, counter,
vending machines are installed and operated and
or shelf.
includes the storage areas and servicing areas on the
premises that are used in conjunction with to
service and maintain the vending machines.
Warewashing. "Warewashing" means the Subp. 94 131. Warewashing. "Warewashing" means
cleaning and sanitizing of food-contact
the cleaning and sanitizing of food-contact surfaces
surfaces of equipment and utensils.
of equipment and utensils.
Water activity. "Water activity" means a
Subp. 95. Water activity. "Water activity" means a
measure of the free moisture in a food,
measure of the free moisture in a food, and is the
and is the quotient of the water vapor
quotient of the water vapor pressure of the
pressure of the substance divided by the
substance divided by the vapor pressure of pure
vapor pressure of pure water at the same
water at the same temperature.
temperature.
Subp. 132. Whole-muscle, intact beef. “Wholemuscle, intact beef” means whole muscle beef that
is not injected, mechanically tenderized,
reconstructed, or scored and marinated, from which
beef steaks may be cut.
Wild game animal.
Subp. 96. Wild game animal.
A. "Wild game animal" means:
A. "Wild game animal" means:
(1) an animal defined as a protected
(1) an animal defined as a protected wild
wild animal in Minnesota Statutes, section animal in Minnesota Statutes, section 97A.015,
97A.015, subdivision 39; and
subdivision 39; and
(2) an exotic animal as defined in
(2) an exotic animal as defined in Code of
Code of Federal Regulations, title 9,
Federal Regulations, title 9, section 1.1, including a
section 1.1, including a lion, tiger,
lion, tiger, leopard, elephant, camel, antelope,
leopard, elephant, camel, antelope,
anteater, kangaroo, water buffalo, and species of
anteater, kangaroo, water buffalo, and
foreign domestic cattle, including an ankole, gayal,
species of foreign domestic cattle,
and yak.
including an ankole, gayal, and yak.
B. Wild game animal does not include:
B. Wild game animal does not
(1) farmed cervidae as defined in Minnesota
include:
Statutes, section 35.153, subdivision 3;
(1) farmed cervidae as defined in
(2) ratitae as defined in Minnesota Statutes,
Minnesota Statutes, section 35.153,
section 17.453, subdivision 3; or
subdivision 3;
(3) llama as defined in Minnesota Statutes,
34
MN Current Code
(2) ratitae as defined in Minnesota
Statutes, section 17.453, subdivision 3; or
(3) llama as defined in Minnesota
Statutes, section 17.455, subdivision 2.
*. "*" designates a critical item.
N. "N" designates a noncritical item
within a part that is designated as a critical
item.
Chapter 1
Code Consensus Committee Proposed
section 17.455, subdivision 2.
Subp. 97. *. "*" designates a critical item.
Subp. 98. N. "N" designates a noncritical item
within a part that is designated as a critical item.
35
Chapter 2
MN Current Code
Code Consensus Committee Proposed
4626.0025 2-101.11 ASSIGNMENT.*
4626.0025 2-101.11 ASSIGNMENT.*
The licensee shall be the person in charge or
The licensee shall be the person in charge or
shall designate a person in charge and shall
shall designate a person in charge and shall
ensure that a person in charge is present at the ensure that a person in charge is present at the
food establishment during all hours of
food establishment during all hours of
operation.
operation.
4626.0030 2-102.11 DEMONSTRATION.*
4626.0030 2-102.11 DEMONSTRATION.*
Based on the risks of foodborne illness
Based on the risks of foodborne illness inherent
inherent to the food operation, during
to the food operation, during inspections and
inspections and upon request by the regulatory upon request by the regulatory authority, the
authority, the person in charge shall
person in charge shall demonstrate to the
demonstrate to the regulatory authority
regulatory authority knowledge of foodborne
knowledge of foodborne disease prevention,
disease prevention, application of the hazard
application of the hazard analysis critical
analysis and critical control point principles
control point principles when a HACCP plan
when a HACCP plan is required under part
is required under part 4626.1730, and the
4626.1730, and the requirements of the this
requirements of the Code. The areas of
Code. The areas of person in charge shall
knowledge are:
demonstrate this knowledge are by:
A. describing the relationship between the
A. Complying with this Code by having no
prevention of foodborne disease and the
violations of critical items during the current
personal hygiene of a food employee;
inspection;
B. explaining the responsibility of the person B. Being a certified food protection manager
in charge for preventing the transmission of
who has shown proficiency of required
foodborne disease by a food employee who
information through passing a test that is part of
has a disease or medical condition that may
an accredited program; or
cause foodborne disease;
C. Responding correctly to the inspector's
C. identifying the usual symptoms of, modes
questions as they relate to the specific food
of transmission of, typical incubation periods
operation. The areas of knowledge include:
for, and most common foods associated with
A. (1) describing the relationship between the
foodborne diseases;
prevention of foodborne disease and the
D. explaining the significance of the
personal hygiene of a food employee;
relationship between maintaining the time and B. (2) explaining the responsibility of the
temperature of potentially hazardous food and person in charge for preventing the
the prevention of foodborne illness;
transmission of foodborne disease by a food
E. explaining the hazards involved in the
employee who has a disease or medical
consumption of raw or undercooked meat,
condition that may cause foodborne disease;
poultry, eggs, and fish;
C. (3) identifying the usual describing the
F. stating the required food temperatures and
symptoms of, modes of transmission of, typical
times for safe cooking of potentially hazardous incubation periods for, and most common foods
food;
associated with foodborne diseases associated
G. stating the required temperatures and times with the diseases that are transmissible through
for the safe refrigerated storage, hot holding,
food;
cooling, reheating, and transportation of
D. (4) explaining the significance of the
36
Chapter 2
MN Current Code
Code Consensus Committee Proposed
potentially hazardous food;
relationship between maintaining the time and
H. describing the relationship between the
temperature of potentially hazardous food
prevention of foodborne illness and the
(time/temperature control for safety food) and
management and control of:
the prevention of foodborne illness;
(1) cross-contamination;
E. (5) explaining the hazards involved in the
(2) hand contact with ready-to-eat foods;
consumption of raw or undercooked meat,
(3) handwashing; and
poultry, eggs, and fish;
(4) maintenance of the food establishment in F. (6) stating the required food temperatures
a clean condition and in good repair;
and times for safe cooking of potentially
I. explaining the relationship between food
hazardous food (time/temperature control for
safety and providing equipment that is:
safety food) including meat, poultry, eggs, and
(1) sufficient in number and capacity; and
fish;
(2) properly designed, constructed, located,
G. (7) stating the required temperatures and
installed, operated, maintained, and cleaned;
times for the safe refrigerated storage, hot
J. explaining correct procedures for cleaning
holding, cooling, reheating, and transportation
and sanitizing utensils and food-contact
of potentially hazardous food (time/temperature
surfaces of equipment;
control for safety food);
K. identifying the source of water used and
H. (8) describing the relationship between the
measures taken to ensure that the water
prevention of foodborne illness and the
remains protected from contamination
management and control of the following:
including providing protection from backflow
(1) (a) cross-contamination;
and precluding the creation of cross
(2) (b)hand contact with ready-to-eat foods;
connections;
(3) (c) handwashing; and
L. identifying poisonous or toxic materials in
(4) (d) maintenance of maintaining the food
the food establishment and the procedures
establishment in a clean condition and in good
necessary to ensure that they are safely stored, repair;
dispensed, used, and disposed of according to
(9) describing foods identified as major food
Minnesota Statutes, chapter 18B;
allergens and the symptoms that a major food
M. identifying critical control points in the
allergen could cause in a sensitive individual
operation from purchasing through sale or
who has an allergic reaction;
service that may contribute to foodborne
I. (10) explaining the relationship between food
illness and explaining steps taken to ensure
safety and providing equipment that is:
that the points are controlled when a HACCP
(1) (a) sufficient in number and capacity; and
(2) (b) properly designed, constructed,
plan is required by part 4626.1730;
N. explaining the details of how the person in located, installed, operated, maintained, and
cleaned;
charge and food employees comply with the
J. (11) explaining correct procedures for
HACCP plan if a plan is required; and
cleaning and sanitizing utensils and foodO. explaining the responsibilities, rights, and
contact surfaces of equipment;
authorities assigned by the Code to the:
K. (12) identifying the source of water used and
(1) food employee;
measures taken to ensure that the water it
(2) person in charge; and
remains protected from contamination
(3) regulatory authority.
including such as providing protection from
backflow and precluding the creation of cross
37
Chapter 2
MN Current Code
Code Consensus Committee Proposed
connections;
L. (13) 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
Minnesota Statutes, chapter 18B;
M. (14) 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 this Code when a HACCP plan
is required by part 4626.1730;
N. (15) explaining the details of how the person
in charge and food employees comply with the
HACCP plan if a plan is required; and
O. (16) explaining the responsibilities, rights,
and authorities assigned by the this Code to the:
(1) (a) food employee;
(b) conditional employee;
(2) (c) person in charge; and
(3) (d)regulatory authority; and
(17) Explaining how the person in charge, food
employees, and conditional employees comply
with reporting responsibilities and exclusion or
restriction of food employees.
2-102.20 FOOD PROTECTION MANAGER
CERTIFICATION.
A person in charge who demonstrates
knowledge by being a food protection manager
that is certified by a food protection manager
certification program as specified in 4626.2010
Subp. 1 is deemed to comply with
4626.0030(B).
4626.0035 2-103.11 PERSON IN CHARGE. 4626.0035 2-103.11 PERSON IN CHARGE.
The person in charge shall ensure that:
The person in charge shall ensure that:
A. food establishment operations are not
A. food establishment operations are not
conducted in a private home or in a room used conducted in a private home or in a room used
as living or sleeping quarters as specified in
as living or sleeping quarters as specified in
part 4626.1425;
part 4626.1425;
B. persons unnecessary to the food
B. persons unnecessary to the food
establishment operation are not allowed in the establishment operation are not allowed in the
food preparation, food storage, or warewashing
food preparation, food storage, or
38
Chapter 2
MN Current Code
Code Consensus Committee Proposed
warewashing areas, except that brief visits and areas, except that brief visits and tours may be
tours may be authorized by the person in
authorized by the person in charge if steps are
charge if steps are taken to ensure that exposed taken to ensure that exposed food; clean
food; clean equipment, utensils, and linens;
equipment, utensils, and linens; and unwrapped
and unwrapped single-service and single-use
single-service and single-use articles are
articles are protected from contamination;
protected from contamination;
C. employees and other persons, including
C. employees and other persons, such as
delivery and maintenance persons and
including delivery and maintenance persons
pesticide applicators, entering the food
and pesticide applicators, entering the food
preparation, food storage, and warewashing
preparation, food storage, and warewashing
areas comply with the Code;
areas comply with the this Code;
D. employees effectively clean their hands, by D. employees are effectively cleaning their
routinely monitoring the employees'
hands, by routinely monitoring the employees'
handwashing;
handwashing;
E. employees visibly observe foods as they
E. employees are visibly observe observing
are received to determine that they are from
foods as they are received to determine that
approved sources, delivered at the required
they are from approved sources, delivered at
temperatures, protected from contamination,
the required temperatures, protected from
unadulterated, and accurately presented, by
contamination, unadulterated, and accurately
routinely monitoring the employees'
presented, by routinely monitoring the
observations and periodically evaluating foods employees' observations and periodically
upon their receipt;
evaluating foods upon their receipt;
F. employees properly cook potentially
F. employees are properly cooking potentially
hazardous food, being particularly careful in
hazardous food (time/temperature control for
cooking those foods known to cause severe
safety food), being particularly careful in
foodborne illness and death, including eggs
cooking those foods known to cause severe
and comminuted meats, through daily
foodborne illness and death, including such as
oversight of the employees' routine monitoring eggs and comminuted meats, through daily
of the cooking temperatures;
oversight of the employees' routine monitoring
G. employees use proper methods to rapidly
of the cooking temperatures using appropriate
cool potentially hazardous foods that are not
temperature measuring devices properly scaled
held hot or are not for consumption within
and calibrated as specified under 4626.0555
four hours, through daily oversight of the
and 4626.0820(B);
employees' routine monitoring of food
G. employees use are using proper methods to
temperatures during cooling;
rapidly cool potentially hazardous foods
H. employees properly sanitize cleaned
(time/temperature control for safety food) that
multiuse equipment and utensils before they
are not held hot or are not for consumption
are reused, through routine monitoring of
within four hours, through daily oversight of
solution temperature and exposure time for hot the employees' routine monitoring of food
water sanitizing, and chemical concentration,
temperatures during cooling;
pH, temperature,
H. consumers who order raw or partially
and exposure time for chemical sanitizing; and cooked ready-to-eat foods of animal origin are
I. consumers are notified that clean tableware informed as specified under § 3-603.11 that the
is to be used when they return to salad bars,
food is not cooked sufficiently to ensure its
39
Chapter 2
MN Current Code
Code Consensus Committee Proposed
buffets, or other self-service areas.
safety;
H. I. employees are properly sanitize 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; and
I. J. consumers are notified that clean tableware
is to be used when they return to self-service
areas such as salad bars, and buffets, or other
self-service areas. as specified under
4626.0290;
K. except as specified in 4626.0225(D),
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;
L. employees are properly trained in food
safety as it relates to their assigned duties; and
(M) 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 4626.0040(A).
4626.0040 2-201.11 RESPONSIBILITY OF 4626.0040 2-201.11 RESPONSIBILITY OF
PERSON IN CHARGE TO REQUIRE
LICENSE HOLDER, PERSON IN
REPORTING BY FOOD EMPLOYEES
CHARGE, TO REQUIRE REPORTING BY
AND APPLICANTS.*
FOOD EMPLOYEES AND APPLICANTS
A. The licensee shall require food employees AND CONDITIONAL EMPLOYEES.*
and food employee applicants to whom a
(A) The licensee shall require food employees
conditional offer of employment is made to
and food employee applicants to whom a
report to the person in charge information
conditional offer of employment is made
about their health and activities as they relate
conditional employees to report to the person in
to diseases transmissible through food.
charge information about their health and
B. A food employee or applicant shall report
activities as they relate to diseases that are
to the person in charge if the food employee or transmissible through food. B. A food
applicant has a symptom caused by illness,
employee or applicant conditional employee
infection, or other source that is:
shall report to the information in a manner that
(1) associated with diarrhea, vomiting, or
allows the person in charge to reduce the risk of
other acute gastrointestinal illness;
foodborne disease transmission, including
(2) jaundice; or
providing necessary additional information,
40
Chapter 2
MN Current Code
Code Consensus Committee Proposed
(3) a boil, infected wound, or other lesion
such as the date of onset of symptoms and an
containing pus that is open or draining and is: illness, or of a diagnosis without symptoms, if
(a) on the hands or wrists, unless a finger
the food employee or conditional employee:
cot, stall, or other impermeable cover protects applicant has a symptom caused by illness,
the lesion and a single-use glove is worn over infection, or other source that is:
the impermeable cover;
(1) associated with diarrhea, vomiting, or
(b) on exposed portions of the arms, unless
other acute gastrointestinal illness;
the lesion is protected by an impermeable
(2) jaundice; or
cover; or
(3) a boil, infected wound, or other lesion
(c) on other parts of the body, unless the
containing pus that is open or draining and is:
lesion is covered by a dry, durable, tight(a) on the hands or wrists, unless a finger cot,
fitting bandage.
stall, or other impermeable cover protects the
C. The food employee or applicant shall
lesion and a single-use glove is worn over the
report to the person in charge if the food
impermeable cover;
employee or applicant is known to be infected
(b) on exposed portions of the arms, unless
with:
the lesion is protected by an impermeable
(1) Salmonella spp., Shigella spp.,
cover; or
Escherichia coli 0157:H7, or other enteric
(c) on other parts of the body, unless the
bacterial pathogen; or
lesion is covered by a dry, durable, tight-fitting
(2) the hepatitis A virus.
bandage.
D. A food employee or applicant shall report
C. The food employee or applicant shall report
the date of onset of any of the symptoms or
to the person in charge if the food employee or
illness specified in this part.
applicant is known to be infected with:
(1) Salmonella spp., Shigella spp.,
Escherichia coli 0157:H7, or other enteric
bacterial pathogen; or
(2) the hepatitis A virus.
D. A food employee or applicant shall report
the date of onset of any of the symptoms or
illness specified in this part.
(1) Has any of the following symptoms:
(a) Vomiting,
(b) Diarrhea,
(c) Jaundice,
(d) Sore throat with fever, or
(e) 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,
(ii) On exposed portions of the arms, unless
the lesion is protected by an impermeable
cover, or
41
MN Current Code
Chapter 2
Code Consensus Committee Proposed
(iii) On other parts of the body, unless the
lesion is covered by a dry, durable, tight-fitting
bandage;
(2) Has an illness diagnosed by a health
practitioner due to, or is known to be infected
with:
(a) Norovirus,
(b) Hepatitis A virus,
(c) Salmonella spp.
(d) Shigella spp.,
(d) ENTEROHEMORRHAGIC or SHIGA
TOXIN-PRODUCING ESCHERICHIA COLI,
or
(e) other enteric bacterial, viral, or parasitic
pathogens.
(3) Has been exposed to, or is the suspected
source of, a probable or confirmed disease
outbreak within the last 30 days.
(B) The person in charge shall notify the
regulatory authority of a food employee known
to be infected with:
(1) Norovirus,
(2) Hepatitis A virus,
(3) Salmonella spp.
(4) Shigella spp.,
(5) Enterohemorrhagic or Shiga toxinproducing Escherichia coli, or
(6) other enteric bacterial, viral, or parasitic
pathogens.
(C) The person in charge shall record all reports
of diarrhea or vomiting made by food
employees and report those illnesses to the
regulatory authority at the specific request of
the regulatory authority.
(D) The person in charge shall notify the
regulatory authority of any complaint from a
consumer having or suspected of having:
(1) diarrhea or vomiting
(2) Norovirus,
(3) Hepatitis A virus,
(4) Salmonella spp.
(5) Shigella spp.,
(6) Enterohemorrhagic or Shiga toxinproducing Escherichia coli, or
42
Chapter 2
MN Current Code
Code Consensus Committee Proposed
(7) other enteric bacterial, viral, or parasitic
pathogens.
(E) A food employee or conditional food
employee shall:
(1) report to the person in charge the
information specified in number two of this
section; and
(2) comply with exclusions and restrictions
that are specified in part 4626.0045
4626.0045 2-201.12 EXCLUSIONS AND
4626.0045 2-201.12 EXCLUSIONS AND
RESTRICTIONS.*
RESTRICTIONS.*
The person in charge shall:
The person in charge shall:
A. exclude a food employee from a food
A. exclude a food employee from a food
establishment if the food employee is ill with
establishment if the food employee is ill with
vomiting or diarrhea;
vomiting or diarrhea;
B. restrict a food employee from working
B. restrict exclude a food employee from
with exposed food, clean equipment, and clean working with exposed food, clean equipment,
utensils in a food establishment if the food
and clean utensils in a food establishment if the
employee has an enteric bacterial pathogen
food employee has an enteric bacterial, viral or
capable of being transmitted by food,
parasitic pathogen capable of being transmitted
including Salmonella spp., Shigella spp., or
by food, including but not limited to Norovirus
Escherichia coli 0157:H7, until the
Salmonella spp., Shigella spp., Hepatitis A, or
Department of Health and the licensing
Enterohemorrhagic or Shiga Toxin-producing
regulatory authority have evaluated the
E. Coli. Escherichia coli 0157:H7, until the
potential for foodborne disease transmission;
Department of Health and the licensing
and
regulatory authority have evaluated the
C. restrict an employee if the results of an
potential for foodborne disease transmission;
epidemiological investigation by the
and
commissioner of health under Minnesota
C. restrict an employee if the results of an
epidemiological investigation by the
Statutes, section 31.171, determines that a
food employee or applicant presents a risk for commissioner of health under Minnesota
transmission of foodborne disease.
Statutes, section 31.171, determines that a food
employee or applicant conditional employee
presents a risk for transmission of foodborne
disease.
D. restrict an employee if the 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 Subparagraph 4626.0040(A)(1)(e).
4626.0050 2-201.13 REMOVAL OF
RESTRICTION.
The restriction specified in part 4626.0045,
4626.0050 2-201.13 REMOVAL,
ADJUSTMENT, OR RETENTION OF
EXCLUSIONS AND RESTRICTIONS.
43
Chapter 2
Code Consensus Committee Proposed
MN Current Code
item C, shall remain in effect for a food
employee until the Department of Health and
the licensing regulatory authority complete an
investigation of the confirmed disease
outbreak and determines that there is no longer
a risk of foodborne disease transmission.
Exclusion specified in part 4626.0045, item A
may be removed by the person in charge after
the food employee has been asymptomatic for
at least 24 hours.
The exclusion and restriction specified in part
4626.0045, items B and C, shall remain in
effect for a food employee until the Department
of Health and the licensing regulatory authority
complete an investigation of the confirmed
disease outbreak and determines that there is no
longer a risk of foodborne disease transmission.
4626.0055 2-201.14 RESPONSIBILITY OF 4626.0055 2-201.14 RESPONSIBILITY OF
FOOD EMPLOYEE OR APPLICANT TO FOOD EMPLOYEE OR APPLICANT TO
REPORT TO PERSON IN CHARGE.*
REPORT TO PERSON IN CHARGE.*
A food employee or a person who applies for a A food employee or a person who applies for a
job as a food employee shall:
job as a food employee shall:
A. report to the person in charge the
A. report to the person in charge the
information specified in part 4626.0040; and
information specified in part 4626.0040; and
B. comply with exclusions and restrictions
B. comply with exclusions and restrictions that
that are specified in part 4626.0045.
are specified in part 4626.0045.
4626.0060 2-201.15 REPORTING BY
4626.0060 2-201.15 REPORTING BY
PERSON IN CHARGE.*
PERSON IN CHARGE.*
A. The person in charge shall notify the
A. The person in charge shall notify the
regulatory authority of a food employee
regulatory authority of a food employee
infected with:
infected with:
(1) Salmonella spp., Shigella spp.,
(1) Salmonella spp., Shigella spp.,
Escherichia
Escherichia
coli 0157:H7, or other enteric bacterial
coli 0157:H7, or other enteric bacterial
pathogen capable of being transmitted by
pathogen capable of being transmitted by food;
food; or
or
(2) the hepatitis A virus.
(2) the hepatitis A virus.
B. The person in charge shall record all
B. The person in charge shall record all reports
reports of diarrhea or vomiting made by food
of diarrhea or vomiting made by food
employees and report those illnesses to the
employees and report those illnesses to the
regulatory authority at the specific request of
regulatory authority at the specific request of
the regulatory authority.
the regulatory authority.
C. The person in charge shall notify the
C. The person in charge shall notify the
regulatory authority of any complaint from a
regulatory authority of any complaint from a
customer having or suspected of having:
customer having or suspected of having:
(1) diarrhea or vomiting;
(1) diarrhea or vomiting;
(2) Salmonella spp., Shigella spp.,
(2) Salmonella spp., Shigella spp.,
Escherichia coli 0157:H7, or other enteric
Escherichia coli 0157:H7, or other enteric
44
Chapter 2
MN Current Code
Code Consensus Committee Proposed
bacterial pathogen capable of being
bacterial pathogen capable of being transmitted
transmitted by food; or
by food; or
(3) a hepatitis A virus infection.
(3) a hepatitis A virus infection.
4626.0065 2-301.11 CLEAN CONDITION.* 4626.0065 2-301.11 CLEAN CONDITION.*
A food employee shall keep hands and
A food employee shall keep their hands and
exposed portions of arms clean.
exposed portions of their arms clean.
4626.0070 2-301.12 CLEANING
4626.0070 2-301.12 CLEANING
PROCEDURE.*
PROCEDURE.*
A food employee shall clean the hands and
A. Except as specified in item (D) of this
exposed portions of the arms with a cleaning
section, A food employees shall clean their
compound in a handwashing lavatory in the
hands and exposed portions of their arms,
food preparation area that is equipped as
including surrogate prosthetic devices for hands
or arms for at least 20 seconds, using with a
specified in part 4626.1050, item A, by
vigorously rubbing together the surfaces of the cleaning compound in a handwashing lavatory
lathered hands and arms for at least 20 seconds in the food preparation area sink that is
equipped as specified under 4626.1050 and
and thoroughly rinsing with clean water. An
Subpart 6-301.
employee shall pay particular attention to the
B. Food employees shall use the following
areas underneath the fingernails and between
the fingers by scrubbing thoroughly with a nail cleaning procedure in the order stated to clean
their hands and exposed portions of their arms,
brush.
including surrogate prosthetic devices for hands
and arms:
(1) Rinse under clean, running warm water;
(2) Apply an amount of cleaning compound
recommended by the cleaning compound
manufacturer;
(3) Rub together vigorously for at least 10 to
15 seconds while:
(a) Paying particular attention to the areas
underneath the fingernails and between the
fingers, and by scrubbing thoroughly with a
nail brush, as specified in 2-301.13, and
(b) 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;
(4) Thoroughly rinse under clean, running
warm water; and
(5) Immediately follow the cleaning procedure
with thorough drying using a method as
specified under 4626.1445.
C. To avoid recontaminating their hands or
surrogate prosthetic devices, food employees
may use disposable paper towels or similar
45
Chapter 2
MN Current Code
Code Consensus Committee Proposed
clean barriers when touching surfaces such as
manually operated faucet handles on a
handwashing sink or the handle of a restroom
door.
D. 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. in part 4626.1050, item A, by
vigorously rubbing together the surfaces of the
lathered hands and arms for at least 20 seconds
and thoroughly rinsing with clean water. An
employee shall pay particular attention to the
areas underneath the fingernails and between
the fingers by scrubbing thoroughly with a nail
brush.
2-301.13 Special Handwash Procedures.*
A. A nail brush shall be used:
(a) upon reporting to work,
(b) after using the toilet room, and
(c) after other gross contamination of the
hands occur.
B. A double-handwash is required after using
the toilet.
4626.0075 2-301.14 WHEN TO WASH.*
4626.0075 2-301.14 WHEN TO WASH.*
A food employee shall clean the hands and
A fFood employees shall clean their hands and
exposed portions of the arms as specified in
exposed portions of their arms as specified in
part 4626.0070 at the following times:
part 4626.0070 at the following times
A. after touching bare human body parts other immediately before engaging in food
than clean hands and clean, exposed portions
preparation including working with exposed
of arms; after defecating, contacting body
food, clean equipment and utensils, and
fluids and discharges, or handling waste
unwrapped single-service and single-use
containing fecal matter, body fluids, or body
articles and:
discharges; and before beginning or returning
A. after touching bare human body parts other
to work;
than clean hands and clean, exposed portions of
B. after using the toilet, at a handwash
arms; after defecating, contacting body fluids
lavatory, in the toilet room;
and discharges, or handling waste containing
C. after caring for or handling support
fecal matter, body fluids, or body discharges;
and before beginning or returning to work;
animals as allowed in part 4626.0120;
B. after using the toilet room , at a handwash
D. after coughing, sneezing, using a
lavatory sink, in the toilet room;
handkerchief or disposable tissue, using
C. after caring for or handling support service
tobacco, eating, or drinking;
E. after handling soiled equipment or utensils; animals or aquatic animals as allowed in part
46
Chapter 2
MN Current Code
Code Consensus Committee Proposed
F. immediately before engaging in food
specified in 4626.0120;
preparation including working with exposed
D. Except as specified in 4626.0105(B), after
food, clean utensils, and unwrapped singlecoughing, sneezing, using a handkerchief or
service and single-use articles in the food
disposable tissue, using tobacco, eating, or
preparation area;
drinking;
G. during food preparation, as often as
E. after handling soiled equipment or utensils;
necessary to remove soil and contamination
F. immediately before engaging in food
and to prevent cross-contamination when
preparation including working with exposed
changing tasks;
food, clean utensils, and unwrapped singleH. when switching between working with raw service and single-use articles in the food
foods and working with ready-to-eat foods; or preparation area;
I. after engaging in other activities that
G. F. during food preparation, as often as
contaminate the hands.
necessary to remove soil and contamination and
to prevent cross-contamination when changing
tasks;
H. G. when switching between working with
raw foods and working with ready-to-eat foods;
or
H. before donning gloves for working with
food; and
I. after engaging in other activities that
contaminate the hands.
4626.0080 2-301.15 WHERE TO WASH.
4626.0080 2-301.15 WHERE TO WASH.
A food employee shall clean the hands in a
A fFood employees shall clean their hands in a
handwashing lavatory and shall not clean the
handwashing lavatory sink or approved
hands in a sink used for food preparation or
automatic handwashing facility and shall may
warewashing or in a service sink or a curbed
not clean their hands in a sink used for food
cleaning facility used for the disposal of mop
preparation or warewashing, or in a service sink
water or similar liquid waste.
or a curbed cleaning facility used for the
disposal of mop water or and similar liquid
waste.
4626.0085 2-301.16 HAND SANITIZERS.
4626.0085 2-301.16 HAND SANITIZERS
A. A hand sanitizer or hand sanitizing
ANTISEPTICS.
solution shall be used:
A. A hand antiseptic used as a topical
(1) according to the rules adopted under
application, a hand antiseptic solution used as a
hand dip, or a hand antiseptic soap sanitizer or
Minnesota Statutes, section 31.101; or
(2) if consisting of or made up of a chemical hand sanitizing solution shall be used:
(1) according to the rules adopted under
formulation that is not generally recognized as
safe under Code of Federal Regulations, title
Minnesota Statutes, section 31.101; or
21, parts 182 and 184, or that is not listed for
(2) if consisting of or made up of a chemical
use as a hand sanitizer under Code of Federal
formulation that is not generally recognized as
safe under Code of Federal Regulations, title
Regulations, title 21, section 178.1010, only
21, parts 182 and 184, or that is not listed for
if:
use as a hand sanitizer under Code of Federal
(a) followed by thorough hand rinsing in
47
Chapter 2
MN Current Code
Code Consensus Committee Proposed
clean water or the use of gloves; or
Regulations, title 21, section 178.1010, only if:
(b) used where there is no direct contact
(a) followed by thorough hand rinsing in
with food by the hands.
clean water or the use of gloves; or
B. A chemical hand sanitizing solution used
(b) used where there is no direct contact with
as a hand dip shall be maintained clean and at food by the hands.
a strength equivalent to 100 mg/L chlorine or
B. A chemical hand sanitizing solution used as
above.
a hand dip shall be maintained clean and at a
strength equivalent to 100 mg/L chlorine or
above.
(1) Comply with one of the following:
(a) 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; or
(b) Have active antimicrobial ingredients that
are listed in the FDA monograph for OTC
Health-Care Antiseptic Drug Products as an
antiseptic handwash, and
(2) Comply with one of the following:
(a) 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; or
(b) Comply with and be listed in:
(i) 21 CFR 178 - Indirect Food Additives:
Adjuvants, Production Aids, and Sanitizers as
regulated for use as a food additive with
conditions of safe use, or
(ii) 21 CFR 182 - Substances Generally
Recognized as Safe, 21 CFR 184 - Direct Food
Substances Affirmed as Generally Recognized
as Safe, or 21 CFR 186 -Indirect Food
Substances Affirmed as Generally Recognized
as Safe for use in contact with food, and
(3) Be applied only to hands that are cleaned
as specified under 4626.0070.
(B) If a hand antiseptic or a hand antiseptic
solution used as a hand dip does not meet the
criteria specified under Subparagraph (A)(2) of
this section, use shall be:
(1) Followed by thorough hand rinsing in
clean water before hand contact with food or by
48
Chapter 2
MN Current Code
Code Consensus Committee Proposed
the use of gloves; or
(2) Limited to situations that involve no direct
contact with food by the bare hands.
(C) 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.
4626.0090 2-302.11 FINGERNAIL
4626.0090 2-302.11 FINGERNAIL
MAINTENANCE.
MAINTENANCE.
A food employee shall keep the fingernails
A. A Food employees shall keep their
trimmed, filed, free of nail polish, and
fingernails trimmed, filed, free of nail polish,
maintained so the edges and surfaces are
and maintained so the edges and surfaces are
cleanable and not rough.
cleanable and not rough.
B. Unless wearing intact gloves in good repair,
a food employee may not wear fingernail polish
or artificial fingernails when working with
exposed food.
4626.0095 2-303.11 JEWELRY
4626.0095 2-303.11 JEWELRY
PROHIBITION.
PROHIBITION.
While preparing food, a food employee shall
Except for a plain ring such as a wedding band,
not wear jewelry on the arms and hands. This while preparing food, a food employees shall
part does not apply to a wedding band or other may not wear jewelry including medical
plain ring.
information jewelry on their arms and hands.
This part does not apply to a wedding band or
other plain ring.
4626.0100 2-304.11 CLOTHING; CLEAN
4626.0100 2-304.11 CLOTHING; CLEAN
CONDITION.
CONDITION.
A food employee shall wear clean outer
A food employees shall wear clean outer
clothing. When moving from a raw food
clothing to prevent contamination of food,
operation to a ready-to-eat food operation, a
equipment, utensils, linens, and single-service
food employee shall wear a clean outer
and single-use articles. When moving from a
covering over clothing or change to clean
raw food operation to a ready-to-eat food
clothing if clothing is soiled.
operation, a food employee shall wear a clean
outer covering over clothing or change to clean
clothing if clothing is soiled.
4626.0105 2-401.11 EATING, DRINKING,
4626.0105 2-401.11 EATING, DRINKING,
OR USING TOBACCO.*
OR USING TOBACCO.*
A. Except as specified in item B, an employee A. Except as specified in item B, an employee
shall eat, drink, or use any form of tobacco
shall eat, drink, or use any form of tobacco only
only in designated areas where the
in designated areas where the contamination of
contamination of exposed food; clean
exposed food; clean equipment, utensils, and
equipment, utensils, and linens; unwrapped
linens; unwrapped single-service and single-use
single-service and single-use articles; or other articles; or other items needing protection
items needing protection cannot result.
cannot result.
B. A food employee may drink from a closed B. A food employee may drink from a closed
49
Chapter 2
MN Current Code
Code Consensus Committee Proposed
beverage container if the container is handled
beverage container if the container is handled to
to prevent contamination of:
prevent contamination of:
(1) the employee's hands;
(1) the employee's hands;
(2) the container; and
(2) the container; and
(3) exposed food; clean equipment, utensils,
(3) exposed food; clean equipment, utensils,
and linens; and unwrapped single-service and
and linens; and unwrapped single-service and
single-use articles.
single-use articles.
4626.0110 2-401.12 DISCHARGES FROM
4626.0110 2-401.12 DISCHARGES FROM
EYES, NOSE, AND MOUTH.*
EYES, NOSE, AND MOUTH.*
A food employee experiencing persistent
A fFood employees experiencing persistent
sneezing, coughing, or a runny nose that
sneezing, coughing, or a runny nose that causes
causes discharges from the eyes, nose, or
discharges from the eyes, nose, or mouth shall
mouth shall not work with exposed food; clean may not work with exposed food; clean
equipment, utensils, and linens; or unwrapped equipment, utensils, and linens; or unwrapped
single-service or single-use articles.
single-service or single-use articles.
4626.0115 2-402.11 HAIR RESTRAINTS;
4626.0115 2-402.11 HAIR RESTRAINTS;
EFFECTIVENESS.
EFFECTIVENESS.
A. Except as provided under item B, a food
A. Except as provided under item B of this
employee shall wear a hat, hair covering, net,
section a food employees shall wear hair
or other hair restraint, a beard restraint, and
restraints such as a hats, hair coverings or nets,
clothing that covers body hair, all of which are or other hair restraint, a beard restraints, and
designed and worn to effectively keep hair
clothing that covers body hair, all of which that
from contacting exposed food; clean
are designed and worn to effectively keep their
equipment, utensils, and linens; and
hair from contacting exposed food; clean
unwrapped single-service and single-use
equipment, utensils, and linens; and unwrapped
articles.
single-service and single-use articles.
B. This part does not apply to counter staff
B. This part section does not apply to food
who only serve beverages and wrapped or
employees such as counter staff who only serve
packaged foods, hostesses, wait staff, or other beverages and wrapped or packaged foods,
food employees if they present a minimal risk hostesses, wait staff, or other food employees if
of contaminating exposed food; clean
they present a minimal risk of contaminating
equipment, utensils, and linens; and
exposed food; clean equipment, utensils, and
unwrapped single-service and single-use
linens; and unwrapped single-service and
articles.
single-use articles.
4626.0120 2-403.11 ANIMAL HANDLING 4626.0120 2-403.11 ANIMAL HANDLING
PROHIBITION.*
PROHIBITION.*
A. Except as specified in item B, a food
A. Except as specified in item B of this
employee shall not care for or handle patrol
section, a food employee shall not care for or
dogs, support animals, pets, or other animals
handle animals that may be present such as
patrol dogs, support service animals, or pets, or
that are allowed under part 4626.1585, item
other animals that are allowed under part as
B, subitems (2) to (4).
specified in Subparagraphs 4626.1585(B)(2)B. A food employee with a support animal
may care for the support animal if the
(5). 4626.1585, item B, subitems (2) to (4).
employee washes their hands as specified in
B. A food employees with a support service
50
Chapter 2
MN Current Code
Code Consensus Committee Proposed
animals
may handle or care for their support
part 4626.0070 before working with exposed
food; clean equipment, utensils, and linens; or service animals if the employee washes their
unwrapped single-service and single-use
hands as specified in part 4626.0070 before
articles.
working with exposed food; clean equipment,
utensils, and linens; or unwrapped singleservice and single-use articles. and food
employees may handle or care for fish in
aquariums or Molluscan shellfish or crustacea
in display tanks if they wash their hands as
specified under 4626.0070 and 4626.0075(C).
51
Chapter 3
Code Consensus Committee Proposed
4626.0125 3-101.11 NOT ADULTERATED,
MISBRANDED, OR FALSELY ADVERTISED.
SAFE, UNADULTERATED, AND HONESTLY
PRESENTED.*
Food shall not be adulterated be safe, not
unadulterated, and, as specified in part 4626.0430,
shall not be misbranded or falsely advertised honestly
presented.
4626.0130 3-201.11 COMPLIANCE
4626.0130 3-201.11 COMPLIANCE WITH FOOD
WITH FOOD LAW.*
LAW.*
A. Food shall be obtained from sources A. Food shall be obtained from sources that comply
that comply with:
with: law.
(1) United States Code, title 15, sections (1) United States Code, title 15, sections 1451 to
1451 to 1461;
1461;
(2) United States Code, title 21, sections (2) United States Code, title 21, sections 301 to 395;
301 to 395;
(3) United States Code, title 21, sections 451 to 471;
(3) United States Code, title 21, sections (4) United States Code, title 21, sections 601 to 695;
451 to 471; (4) United States Code,
(5) Code of Federal Regulations, title 7, parts 46 to
title 21, sections 601 to 695;
51;
(5) Code of Federal Regulations, title 7, (6) Code of Federal Regulations, title 9, parts 301 to
parts 46 to 51;
391;
(6) Code of Federal Regulations, title 9, (7) Code of Federal Regulations, title 21, parts 1 to
parts 301 to 391;
189;
(7) Code of Federal Regulations, title
(8) Code of Federal Regulations, title 40, parts 104 to
21, parts 1 to 189;
135;
(8) Code of Federal Regulations, title
(9) Code of Federal Regulations, title 40, parts 152 to
40, parts 104 to 135;
186;
(9) Code of Federal Regulations, title
(10) Code of Federal Regulations, title 50, parts 260 to
40, parts 152 to 186;
285;
(10) Code of Federal Regulations, title
(11) Minnesota Statutes, chapters 29, 30, 31, 31A, 32,
50, parts 260 to 285;
33, and 34; and
(11) Minnesota Statutes, chapters 29,
(12) chapters 1520, 1525, 1530, 1535, 1540, 1545,
30, 31, 31A, 32, 33, and 34; and
1550, and 1555 and part 4630.2700.
(12) chapters 1520, 1525, 1530, 1535,
1540, 1545,
B. Except as allowed by Minnesota Statutes, sections
1550, and 1555 and part 4630.2700.
28A.15 and 157.22, clauses (6) and (7), Food prepared
B. Except as allowed by Minnesota
or stored in a private home shall may not be used or
Statutes, sections
offered for human consumption in a food
28A.15 and 157.22, clauses (6) and (7), establishment except as allowed by Minnesota
food prepared or stored in a private
Statutes, sections 28A.15 and 157.22, clauses (6) and
home shall not be used or offered for
(7).
human consumption in a food
C. Packaged food shall be labeled as specified in parts
establishment.
4626.0200, 4626.0205, and 4626.0435 law, including
MN Current Code
4626.0125 3-101.11 NOT
ADULTERATED, MISBRANDED,
OR FALSELY ADVERTISED.
Food shall not be adulterated, and, as
specified in part 4626.0430, shall not be
misbranded or falsely advertised.
52
Chapter 3
MN Current Code
Code Consensus Committee Proposed
C. Packaged food shall be labeled as
21 CFR 101 Food Labeling, 9 CFR 317 Labeling,
specified in parts 4626.0200,
Marking Devices, and Containers, and 9 CFR 381
4626.0205, and 4626.0435.
Subpart N Labeling and Containers, and as specified
D. Fish, other than molluscan shellfish, in parts 4626.0195 and 4626.0200.
that are
D. Fish, other than Molluscan shellfish, that are
intended for consumption in raw form
intended for consumption in their raw form and
and allowed as specified in part
allowed as specified in part 4626.0340, item C,
4626.0340, item C, subitem (1), shall be subitem
(1), shall be may be offered for sale or
obtained from a supplier that freezes the service if they are obtained from a supplier that
fish as specified in part 4626.0350; or
freezes the fish as specified in part 4626.0350; or shall
shall be frozen on the premises as
be frozen on the premises as specified in part
specified in part 4626.0350 and records 4626.0350 and records shall be are retained as
shall be retained as specified in part
specified in part 4626.0355.
4626.0355.
(E) Whole-muscle, intact beef steaks that are intended
for consumption in an undercooked form without a
consumer advisory as specified in part 4626.0340(C)
shall be:
(1) Obtained from a food processing plant that, upon
request by the purchaser, packages the steaks and
labels them, to indicate that the steaks meet the
definition of whole-muscle, intact beef, or
(2) Deemed acceptable by the regulatory authority
based on other evidence, such as written buyer
specifications or invoices, that indicates that the steaks
meet the definition of whole-muscle, intact beef, and
(3) If individually cut in a food establishment:
(a) Cut from whole-muscle intact beef that is
labeled by a food processing plant as specified in
Subparagraph (E)(1) of this section or identified as
specified in Subparagraph (E)(2) of this section,
(b) Prepared so they remain intact, and
(c) If packaged for undercooking in a food
establishment, labeled as specified in Subparagraph
(E)(1) of this section or identified as specified in
(E)(2) of this section.
(F) Meat and poultry that is not a ready-to-eat food
and is in a packaged form when it is offered for sale or
otherwise offered for consumption, shall be labeled to
include safe handling instructions as specified in law,
including 9 CFR 317.2(l) and 9 CFR 381.125(b).
(G) Eggs that have not been specifically treated to
destroy all viable Salmonellae shall be labeled to
include safe handling instructions as specified in law,
including 21 CFR 101.17(h).
53
MN Current Code
4626.0135 3-201.12 FOOD IN
HERMETICALLY SEALED
CONTAINER.*
Food in a hermetically sealed container
shall be obtained from a food
processing plant that is regulated by the
food regulatory agency that has
jurisdiction over the plant.
4626.0140 3-201.13 FLUID MILK
AND MILK PRODUCTS.*
A. Fluid milk and fluid milk products
shall be obtained from sources that
comply with Grade A standards
specified in Minnesota Statutes, chapter
32.
B. Dry milk and dry milk products
used or offered for sale shall be made
from pasteurized milk and milk
products.
C. All ice cream, frozen custard, ice
milk, milk sherbet, fruit or ice sherbet,
yogurt, frozen malted milk, and other
frozen dairy food shall comply with
Minnesota Statutes, chapter 32.
4626.0145 3-201.14 FISH.*
A. Fish that are received for sale or
service shall be:
(1) commercially and legally caught or
harvested as prescribed in chapters
1545 and 6200, and Minnesota Statutes,
section 31.11 and chapters 97A and
97C; or
(2) approved for sale or service.
B. Molluscan shellfish that are
recreationally caught shall not be
received for sale or service.
4626.0150 3-201.15 MOLLUSCAN
SHELLFISH.*
A. Molluscan shellfish shall be
obtained from sources according to the
requirements specified in the United
States Department of Health and
Human Services, Public Health Service,
Food and Drug Administration,
Chapter 3
Code Consensus Committee Proposed
4626.0135 3-201.12 FOOD IN A HERMETICALLY
SEALED CONTAINER.*
Food in a hermetically sealed container shall be
obtained from a food processing plant that is regulated
by the food regulatory agency that has jurisdiction
over the plant.
4626.0140 3-201.13 FLUID MILK AND MILK
PRODUCTS.*
A. Fluid milk and fluid milk products shall be
obtained from sources that comply with Grade A
standards specified in Minnesota Statutes, chapter 32.
B. Dry milk and dry milk products used or offered for
sale shall be made from pasteurized milk and milk
products.
C. All ice cream, frozen custard, ice milk, milk
sherbet, fruit or ice sherbet, yogurt, frozen malted
milk, and other frozen dairy food shall comply with
Minnesota Statutes, chapter 32.
4626.0145 3-201.14 FISH.*
A. Fish that are received for sale or service shall be:
(1) Commercially and legally caught or harvested as
prescribed in chapters 1545 and 6200, and Minnesota
Statutes, section 31.11 and chapters 97A and 97C; or
(2) Approved for sale or service.
B. Molluscan shellfish that are recreationally caught
shall may not be received for sale or service.
4626.0150 3-201.15 MOLLUSCAN SHELLFISH.*
A. Molluscan shellfish shall be obtained from sources
according to law and the requirements specified in the
United States Department of Health and Human
Services, Public Health Service, Food and Drug
Administration, National Shellfish Sanitation Program
Guide for the Control of Molluscan Shellfish. Manual
of Operations, Part I Sanitation of Shellfish Growing
54
MN Current Code
National Shellfish Sanitation Program
Manual of Operations, Part I Sanitation
of Shellfish Growing Areas, and Part II
Sanitation of the Harvesting, Processing
and Distribution of Shellfish (1990
revision). The operations manual is
incorporated by reference and is
available through the Minitex
interlibrary loan system or from the
United States Food and Drug
Administration, Shellfish Sanitation
Branch, 200 "C" Street S.W.,
Washington D.C., 20204. The manual
is not subject to frequent change.
B. Molluscan shellfish received in
interstate
commerce shall be from sources listed
in the United States Department of
Health and Human Services, Public
Health Service, Food and Drug
Administration, Interstate Certified
Shellfish Shippers List (1987 and
subsequent editions). The list is
incorporated by reference and is
available through the Minitex
interlibrary loan system or from the
United States Food and Drug
Administration, Shellfish Sanitation
Branch, 200 "C" Street S.W.,
Washington D.C., 20204. The list is
subject to frequent change.
4626.0155 3-201.16 WILD
MUSHROOMS.*
A. Except as specified in item B,
mushroom species picked in the wild
shall be obtained from sources where
each mushroom is individually
inspected and found to be safe by a
mushroom identification expert whose
expertise has been verified and
approved by the regulatory authority
through the successful completion of a
wild mushroom identification course
provided by either an accredited college
Chapter 3
Code Consensus Committee Proposed
Areas, and Part II Sanitation of the Harvesting,
Processing and Distribution of Shellfish (1990
revision). The operations manual is incorporated by
reference and is available through the Minitex
interlibrary loan system or from the United States
Food and Drug Administration, Shellfish Sanitation
Branch, 200 "C" Street S.W., Washington D.C.,
20204. The manual is not subject to frequent change.
B. Molluscan shellfish received in interstate
commerce shall be from sources listed in the Interstate
Certified Shellfish Shippers List. United States
Department of Health and Human Services, Public
Health Service, Food and Drug Administration,
Interstate Certified Shellfish Shippers List (1987 and
subsequent editions). The list is incorporated by
reference and is available through the Minitex
interlibrary loan system or from the United States
Food and Drug Administration, Shellfish Sanitation
Branch, 200 "C" Street S.W., Washington D.C.,
20204. The list is subject to frequent change.
4626.0155 3-201.16 WILD MUSHROOMS.*
A. Except as specified in item B of this section,
mushroom species picked in the wild shall be obtained
from sources where each mushroom is individually
inspected and found to be safe by a mushroom
identification expert whose expertise has been verified
and approved by the regulatory authority through the
successful completion of a wild mushroom
identification course provided by either an accredited
college or university or a mycological society. An
individual who wants to be approved as a wild
mushroom identification expert shall have on file with
the regulatory authority a letter from an accredited
55
MN Current Code
or university or a mycological society.
An individual who wants to be
approved as a wild mushroom
identification expert shall have on file
with the regulatory authority a letter
from an accredited college or university
certifying successful completion of a
wild mushroom identification course
from an accredited college or
university.
B. This part does not apply to:
(1) cultivated wild mushrooms species
that are grown, harvested, and
processed in an operation that is
regulated by the food regulatory agency
that has jurisdiction over the operation;
or
(2) wild mushrooms species if they are
in packaged form and are the product of
a food processing plant that is
regulated by the food regulatory agency
that has jurisdiction over the plant.
4626.0160 3-201.17 GAME
ANIMALS.*
A. Game animals commercially raised
for food shall be raised, slaughtered,
and processed under an inspection
program that is conducted by the United
States Department of Agriculture under
Code of Federal Regulations, title 9,
part 352, or the Minnesota Department
of Agriculture under Minnesota
Statutes, section 17.452, subdivision 8.
B. Exotic species of animals, including
animals raised for exhibition purposes
in a zoo or circus, shall:
(1) comply with item A, or receive
antemortem and postmortem
examination by a veterinarian or a
veterinarian's designee, approved by the
regulatory authority; and
(2) be slaughtered and processed
according to Minnesota Statutes,
chapters 31 and 31A, and rules adopted
Chapter 3
Code Consensus Committee Proposed
college or university certifying successful completion
of a wild mushroom identification course from an
accredited college or university.
B. This part section does not apply to:
(1) cultivated wild mushrooms species that are
grown, harvested, and processed in an operation that
is regulated by the food regulatory agency that has
jurisdiction over the operation; or
(2) wild mushrooms species if they are in packaged
form and are the product of a food processing plant
that is regulated by the food regulatory agency that
has jurisdiction over the plant.
4626.0160 3-201.17 GAME ANIMALS.*
A. Game animals commercially raised for food shall
be raised, slaughtered, and processed under an
inspection program that is conducted by the United
States Department of Agriculture under Code of
Federal Regulations, title 9, part 352, or the Minnesota
Department of Agriculture under Minnesota Statutes,
section 17.452, subdivision 8.
B. Exotic species of animals, including animals raised
for exhibition purposes in a zoo or circus, shall:
(1) comply with item A, or receive antemortem and
postmortem examination by a veterinarian or a
veterinarian's designee, approved by the regulatory
authority; and
(2) be slaughtered and processed according to
Minnesota Statutes, chapters 31 and 31A, and rules
adopted thereunder governing meat and poultry as
determined by the United States Department of
Agriculture as specified in Code of Federal
Regulations, title 9, or under laws and rules of another
state that are equivalent to the Minnesota laws and
rules specified in this part.
56
Chapter 3
MN Current Code
Code Consensus Committee Proposed
thereunder governing meat and poultry C. Wild Hunted “game animals” lawfully taken and
as determined by the United States
donated according to part 6230.1500 and Minnesota
Department of Agriculture as specified Statutes, section 97A.505, and donated to a charitable
in Code of Federal Regulations, title 9,
organization registered under Minnesota Statutes,
or under laws and rules of another state chapter 309, are approved if:
that are equivalent to the Minnesota
(1) only pure wild game is donated;
laws and rules specified in this part.
(2) the intact animal is properly cleaned, stored, and
C. Wild game animals lawfully taken
processed in an establishment that complies with
and donated according to part
chapters 1540 and 1545, and Minnesota Statutes,
6214.0100 and Minnesota Statutes,
chapters 28A, 31, 31A, and 157, as those rules and
section 97A.505, and donated to a
laws relate to the licensing, processing, and storage of
charitable organization registered under food;
Minnesota Statutes, chapter 309, are
(3) evisceration was accomplished within two hours
approved if:
after harvest;
(1) only pure wild game is donated;
(4) cooked to at least 74 degrees C (165 degrees F);
(2) the intact animal is properly
and mishandled game (exposed to a lack of
cleaned, stored, and processed in an
refrigeration of contaminated carcasses) cannot be
establishment that complies with
donated;
chapters 1540 and 1545, and Minnesota
(5) a written sanitation standard operating procedure
Statutes, chapters 28A, 31, 31A, and
that includes the entire process used to eliminate the
157, as those rules and laws relate to the possibility of cross-contamination from wild game
licensing, processing, and storage of
processing to retail products is implemented and
food;
available for inspection. The ground or whole muscle
(3) evisceration was accomplished
product is packaged and frozen with the following
within two hours after harvest;
label information:
(4) cooked to at least 74 degrees C (165
i. “hunted game, for food donation only”
degrees F); and
ii. plant identification number or license number
(5) a written sanitation standard
iii. date of processing
operating procedure that includes the
iv. “not for sale;”
entire process used to eliminate the
(6) a written sanitation standard operating procedure
possibility of cross-contamination from that includes the entire process used to eliminate the
wild game processing to retail products possibility of cross-contamination from wild game
is implemented and available for
processing to retail products in implemented and
inspection.
available for inspection;
(7) hunter harvested venison must also comply with
all regulations as listed in 97B.303, 17.035.
D. A game animal may not be received for sale or
service if it is a species of wildlife that is listed in 50
CFR 17 Endangered and threatened wildlife and
plants.
4626.0165 3-202.11
4626.0165 3-202.11 TEMPERATURE.*
TEMPERATURE.*
A. Except as specified in item B of this section,
A. Except as specified in item B,
refrigerated, potentially hazardous food
refrigerated, potentially hazardous food (time/temperature control for safety food) shall be at a
57
Chapter 3
MN Current Code
Code Consensus Committee Proposed
shall be at a temperature of 5 degrees C temperature of 5ºC (41ºF) or below when received.
(41 degrees F) or below when received. B. If a temperature other than 5ºC (41ºF) for a
B. If a temperature other than 5 degrees potentially hazardous food (time/temperature control
C (41 degrees F) for a potentially
for safety food) is specified in law governing its
hazardous food is specified in law
distribution, including such as laws governing milk,
governing its distribution, including
and molluscan shellfish, and shell eggs, the food may
laws governing milk, molluscan
be received at the specified temperature. A food may
shellfish, and shell eggs, the food may
be received at the temperature specified in:
be received at the specified temperature. (1) Minnesota Statutes, section 29.23, subdivisions 3
A food may be received at the
and 4, for eggs;
temperature specified in:
(2) parts 1550.0960, 1550.0970, and 1550.0980, for
(1) Minnesota Statutes, section 29.23,
readily perishable, frozen, and hot food; and
subdivisions 3 and 4, for eggs;
(3) the National Shellfish Sanitation Program Manual
(2) parts 1550.0960, 1550.0970, and
of Operations, Part II, section B, as the manual is
1550.0980, for readily perishable,
described in part 4626.0150, item A.
frozen, and hot food; and
C. Raw eggs shall be received in refrigerated
(3) the National Shellfish Sanitation
equipment that maintains an ambient air temperature
Program Manual of Operations, Part II, of 7ºC (45ºF) or less.
section B, as the manual is described in C. D. Potentially hazardous food (time/temperature
part 4626.0150, item A.
control for safety food) that is cooked to a temperature
C. Potentially hazardous food that is
and for a time specified in parts 4626.0340 and
cooked to a
4626.0345 - 3-401.13 and received hot shall be at a
temperature and for a time specified in temperature of 60 degrees C (140 degrees F) 57ºC
parts 4626.0340 and 4626.0345 and
(135ºF) or above.
received hot shall be at a temperature of D. E. A food that is labeled frozen and shipped frozen
60 degrees C (140 degrees F) or above. by a food processing plant shall be received frozen.
D. A food that is labeled frozen and
E. F. Upon receipt, potentially hazardous food
shipped frozen by a food processing
(time/temperature control for safety food) shall be free
plant shall be received frozen.
of evidence of previous temperature abuse.
E. Upon receipt, potentially hazardous
food shall be free of evidence of
previous temperature abuse.
4626.0170 3-202.12 ADDITIVES.*
4626.0170 3-202.12 ADDITIVES.*
Food shall not contain unapproved food Food shall may not contain unapproved food additives
additives or additives that exceed
or additives that exceed amounts allowed in Code of
amounts allowed in Code of Federal
Federal Regulations, title 21, parts 170 to 180;
Regulations, title 21, parts 170 to 180;
specified in 21 CFR 170-180 relating to food
generally recognized as safe or prior
additives, generally recognized as safe or prior
sanctioned substances that exceed
sanctioned substances that exceed amounts allowed in
amounts allowed in Code of Federal
Code of Federal Regulations, title 21, parts 181 to
Regulations, title 21, parts 181 to 186;
186; specified in 21 CFR 181-186, substances that
substances that exceed amounts
exceed amounts specified in Code of Federal
specified in Code of Federal
Regulations, title 9, section 318.7; 9 CFR Subpart C
Regulations, title 9, section 318.7; or
Section 424.21(b) Food ingredients and sources of
58
MN Current Code
pesticide residues that exceed
provisions specified in Code of Federal
Regulations, title 40, part 185.
4626.0175 3-202.13 SHELL EGGS.*
Shell eggs shall be received clean and
sound and shall:
A. not exceed the restricted egg
tolerances for United States Consumer
Grade B specified in Code of Federal
Regulations, title 7, parts 56 and 59;
and
B. comply with parts 1520.1200 to
1520.2000 and Minnesota Statutes,
chapter 29.
4626.0180 3-202.14 EGGS AND EGG
PRODUCTS.*
Liquid, frozen, and dry eggs and egg
products shall be obtained pasteurized.
Chapter 3
Code Consensus Committee Proposed
radiation, or pesticide residues that exceed provisions
specified in Code of Federal Regulations, title 40, part
185 40 CFR 180 Tolerances for pesticides chemicals
in food, and exceptions.
4626.0175 3-202.13 EGGS.*
Eggs shall be received clean and sound and:
A. may not exceed the restricted egg tolerances for
U.S. Consumer Grade B as specified in United States
Standards, Grades, and Weight Classes for Shell Eggs,
AMS 56.200 et seq., administered by the Agricultural
Marketing Service of USDA: and
B. comply with parts 1520.0200 to 1520.2000 and
Minnesota Statutes, chapter 29.
4626.0175 3-202.13 SHELL EGGS.*
Shell eggs shall be received clean and sound and shall:
A. not exceed the restricted egg tolerances for United
States Consumer Grade B specified in Code of
Federal Regulations, title 7, parts 56 and 59; and
B. comply with parts 1520.1200 to 1520.2000 and
Minnesota Statutes, chapter 29.
4626.0180 3-202.14 EGGS AND EGG PRODUCTS.*
Liquid, frozen, and dry eggs and egg products shall be
obtained pasteurized.
3-202.14 EGGS AND MILK PRODUCTS,
PASTEURIZED.*
A. Egg products shall be obtained pasteurized.
B. Fluid and dry milk and milk products shall:
(1) Be obtained pasteurized; and
(2) Comply with Grade A standards as specified in
Minnesota Statutes, chapter 32.
C. Frozen milk products, such as ice cream, shall be
obtained pasteurized as specified in 21 CFR 135 Frozen desserts and shall comply with MN Statutes,
chapter 32.
D. Cheese shall be obtained pasteurized unless
alternative procedures to pasteurization are specified
in the CFR, such as 21 CFR 133 - Cheeses and related
cheese products, for curing certain cheese varieties.
59
Chapter 3
MN Current Code
Code Consensus Committee Proposed
4626.0185 3-202.15 MILK AND MILK 4626.0185 3-202.15 MILK AND MILK
RODUCTS.*
PRODUCTS.*
A. Fluid and dry milk and milk
A. Fluid and dry milk and milk products complying
products complying with Grade A
with Grade A standards specified in Minnesota
standards specified in Minnesota
Statutes, chapter 32, shall be obtained pasteurized.
Statutes, chapter 32, shall be obtained
B. Frozen milk products, including ice cream, shall
pasteurized.
be obtained pasteurized according to Code of Federal
B. Frozen milk products, including ice Regulations, title 21, part 135.
cream, shall be obtained pasteurized
C. Cheese shall be obtained pasteurized unless
according to Code of Federal
alternative procedures to pasteurization are provided
Regulations, title 21, part 135.
for in Code of Federal Regulations, title 21, part 133,
C. Cheese shall be obtained pasteurized for curing certain cheese varieties.
unless alternative procedures to
pasteurization are provided for in Code
of Federal Regulations, title 21, part
133, for curing certain cheese varieties.
4626.0190 3-202.16 PACKAGE
4626.0190 3-202.156 PACKAGE INTEGRITY.*
INTEGRITY.*
Food packages shall be in good condition and protect
Food packages shall be in good
the integrity of the contents so that the food is not
condition and protect the integrity of the exposed to adulteration or potential contaminants.
contents so that the food is not exposed
to adulteration or potential
contaminants.
4626.0195 3-202.17 ICE.*
4626.0195 3-202.167 ICE.*
Ice for use as a food or a cooling
Ice for use as a food or a cooling medium shall be
medium shall be made from drinking
made from drinking water.
water.
4626.0200 3-202.18 SHUCKED
4626.0200 3-202.178 SHUCKED SHELLFISH;
SHELLFISH; PACKAGING AND
PACKAGING AND IDENTIFICATION.
IDENTIFICATION.
A. Raw shucked shellfish shall be obtained in
A. Raw shucked shellfish shall be
nonreturnable packages that which bear a legible label
obtained in
that identifies the:
nonreturnable packages that bear a
(1) the nName, address, and certification number of
legible label that identifies:
the shucker-packer or repacker of the Molluscan
(1) the name, address, and certification
shellfish; and
number
(2) The "sell by" or “best if used by” date for
of the shucker-packer or repacker of the packages with a capacity of less than 1.87 liter 1.89 L
molluscan shellfish; and
(one-half gallon) or the date shucked for packages
(2) the "sell by" date for packages with with a capacity of 1.87 liter 1.89 L (one-half gallon)
a capacity of less than 1.87 liter (oneor more.
half gallon) or the date shucked for
B. A package of raw shucked shellfish that does not
packages with a capacity of 1.87 liter
bear a label or that which bears a label that which does
(one-half gallon) or more.
not contain all the information as specified in item A
B. A package of raw shucked shellfish of this section shall be subject to a hold order, as
60
Chapter 3
MN Current Code
Code Consensus Committee Proposed
that does not bear a label or that bears a allowed by Minnesota Statutes, section 31.05,
label that does not contain all the
subdivision 1, or seizure and destruction according to
information specified in item A shall be Code of Federal Regulations, title 21, section 1240.60,
subject to a hold order as allowed by
paragraph (d). in accordance with 21 CFR Subpart D
Minnesota Statutes, section 31.05,
– Specific Administrative Decisions Regarding
subdivision 1, or seizure and destruction Interstate Shipments, Section 1240.60(d) Molluscan
according to Code of Federal
shellfish.
Regulations, title 21, section 1240.60,
paragraph (d).
4626.0205 3-202.19 SHELLFISH
4626.0205 3-202.189 SHELLFISH
IDENTIFICATION.*
IDENTIFICATION.*
Subpart 1. Tags and labels. Shellstock Subpart 1. Tags and labels. A. Shellstock shall be
shall be obtained in containers bearing
obtained in containers bearing legible source
legible source identification tags or
identification tags or labels that: A. are affixed by the
labels that:
harvester or and each dealer that depurates, ships, or
A. are affixed by the harvester and
reships the shellstock, as specified in the National
each dealer that depurates, ships, or
Shellfish Sanitation Program Manual of Operations,
reships the shellstock, as specified in
Part II, as the manual is described in part 4626.0150,
the National Shellfish Sanitation
item A; and B. Guide for the Control of Molluscan
Program Manual of Operations, Part II, Shellfish, and that list:
as the manual is described in part
(1) Except as specified in subpart 3 item C of this
4626.0150, item A; and
section, on the harvester's tag or label, the following
B. list:
information in the following order:
(1) except as specified in subpart 3, on
(a) the harvester's identification number that is
the harvester's tag or label, the
assigned by the shellfish control authority;
following information in the following
(b) the date of harvesting;
order:
(c) the most precise identification of the harvest
(a) the harvester's identification number location or aquaculture site that is practicable based
that is assigned by the shellfish control
on the system of harvest area designations that is in
authority;
use by the shellfish control authority and including the
(b) the date of harvesting;
abbreviation of the name of the state or country in
(c) the most precise identification of the which the shellfish are harvested;
harvest location or aquaculture site that (d) the type and quantity of shellfish; and
is practicable based on the system of
(e) the following statement in bold, capitalized type:
harvest area designations that is in use
"THIS TAG IS REQUIRED TO BE ATTACHED
by the shellfish control authority and
UNTIL CONTAINER IS EMPTY OR RETAGGED
including the abbreviation of the name
AND THEREAFTER KEPT ON FILE FOR 90
of the state or country in which the
DAYS."; and
shellfish are harvested;
(2) Except as specified in subpart 4 item D of this
(d) the type and quantity of shellfish;
section, on each dealer's tag or label, the following
and
information in the following order:
(e) the following statement in bold,
(a) the dealer's name and address and the certification
capitalized type: "THIS TAG IS
number assigned by the shellfish control authority;
REQUIRED TO BE ATTACHED
(b) the original shipper's certification number
61
Chapter 3
MN Current Code
Code Consensus Committee Proposed
UNTIL CONTAINER IS EMPTY OR
including the abbreviation of the name of the state or
RETAGGED AND THEREAFTER
country in which the shellfish are harvested;
KEPT ON FILE FOR 90 DAYS."; and (c) the same information as specified in subitem (1),
(2) except as specified in subpart 4, on
units (b) to (d); for a harvester's tag under
each dealer's tag or label, the following Subparagraphs A(1)(b)-(d) of this section; and
information in the following order:
(d) the following statement in bold, capitalized type:
(a) the dealer's name and address and
"THIS TAG IS REQUIRED TO BE ATTACHED
the certification number assigned by the UNTIL CONTAINER IS EMPTY AND
shellfish control authority;
THEREAFTER KEPT ON FILE FOR 90 DAYS."
(b) the original shipper's certification
Subp. 2. Hold order. B. A container of shellstock that
number including the abbreviation of
does not bear a tag or label or that bears a tag or label
the name of the state or country in
that does not contain all the information as specified
which the shellfish are harvested;
in subpart 1 under item A of this section shall be
(c) the information specified in subitem subject to a hold order, as allowed by Minnesota
(1), units (b) to (d); and
Statutes, section 31.05, subdivision 1, or seizure and
(d) the following statement in bold,
destruction in accordance to Code of Federal
capitalized type: "THIS TAG IS
Regulations, title 21, section 1240.60, paragraph (d).
REQUIRED TO BE ATTACHED
with 21 CFR Subpart D - Specific Administrative
UNTIL CONTAINER IS EMPTY
Decisions Regarding Interstate Shipments, Section
AND THEREAFTER KEPT ON FILE 1240.60(d).
FOR 90 DAYS." Subp. 2. Hold order.
Subp. 3. Dealer information. C. If a place is provided
A container of shellstock that does not
on the harvester's tag or label for a dealer's name,
bear a tag or label or that bears a tag or address, and certification number, the dealer's
label that does not contain all the
information shall be listed first.
information specified in subpart 1 shall Subp. 4. Exception. D. If the harvester's tag or label is
be subject to a hold order as allowed by designed to accommodate each dealer's identification
Minnesota Statutes, section 31.05,
as specified in subpart 1, item B, subitem (2), units (a)
subdivision 1, or seizure and destruction and (b), under item A(2)(a) and (b) of this section,
according to Code of Federal
individual dealer tags or labels need not be provided.
Regulations, title 21, section 1240.60,
paragraph (d). Subp. 3. Dealer
information. If a place is provided on
the harvester's tag or label for a dealer's
name, address, and certification
number, the dealer's information shall
be listed first.
Subp. 4. Exception. If the harvester's
tag or label is designed to accommodate
each dealer's identification as specified
in subpart 1, item B, subitem (2), units
(a) and (b), individual dealer tags or
labels need not be provided.
62
MN Current Code
4626.0210 3-202.110 SHELLSTOCK;
CONDITION.
When received by a food establishment,
shellstock shall be reasonably free of
mud, dead shellfish, and shellfish with
broken shells. Dead shellfish or
shellstock with badly broken shells
shall be discarded.
Chapter 3
Code Consensus Committee Proposed
4626.0210 3-202.1910 SHELLSTOCK;
CONDITION.
When received by a food establishment, shellstock
shall be reasonably free of mud, dead shellfish, and
shellfish with broken shells. Dead shellfish or
shellstock with badly broken shells shall be discarded.
3-202.110 JUICE TREATED.
Pre-packaged juice shall:
A. Be obtained from a processor with a HACCP
system as specified in 21 CFR Part 120 Hazard
Analysis and Critical Control (HACCP) Systems;
B. Be obtained pasteurized or otherwise treated to
attain a five-log reduction of the most resistant
microorganism of public health significance as
specified in 21 CFR Part 120.24 Process Controls; or
C. Bear a warning label as specified in 21 CFR
Section 101.17(g) Food labeling, warning, notice, and
safe handling statements, Juices that have not been
specifically processed to prevent, reduce, or eliminate
the presence of pathogens.
4626.0215 3-203.11 MOLLUSCAN
4626.0215 3-203.11 MOLLUSCAN SHELLFISH;
SHELLFISH; ORIGINAL
ORIGINAL CONTAINER.
CONTAINER.
A. Except as specified in items B and C through D of
A. Except as specified in items B and
this section, molluscan shellfish shall may not be
C, molluscan shellfish shall not be
removed from the container in which they were are
removed from the container in which
received other than immediately before sale or
they were received other than
preparation for service.
immediately before sale or preparation
B. For display purposes, shellstock may be removed
for service.
from the container in which they were are received,
B. Shellstock may be removed from the displayed on drained ice, or held in a display
container in which they were received,
container, and a quantity specified by a consumer may
displayed on drained ice, or held in a
be removed from the display or display container and
display container, and a quantity
provided to the consumer if:
specified by a consumer may be
(1) The source of the shellstock on display is
removed from the display or display
identified as specified in part 4626.0205 and recorded
container and provided to the consumer as specified in part 4626.0220; and
if:
(2) The shellstock are protected from contamination.
(1) the source of the shellstock on
C. Shucked shellfish may be removed from the
display is identified as specified in part container in which they were received and held in a
4626.0205 and recorded as specified in display container from which individual servings are
part 4626.0220; and
dispensed upon a consumer's request if:
(2) the shellstock are protected from
(1) The labeling information for the shellfish on
63
Chapter 3
MN Current Code
Code Consensus Committee Proposed
contamination.
display as specified in part 4626.0200 is retained and
C. Shucked shellfish may be removed
correlated to the date when, or dates during which, the
from the
shellfish are sold or served; and
container in which they were received
(2) The shellfish are protected from contamination.
and held in a display container from
D. Shucked shellfish may be removed from the
which individual servings are dispensed container in which they were received and repacked in
upon a consumer's request if:
consumer self service containers where allowed by
(1) the labeling information for the
law if:
shellfish on
(1) The labeling information for the shellfish is on
display specified in part 4626.0200 is
each consumer self service container as specified in
retained and correlated to the date
part 4626.0200 and 4626.0435(A) and (B)(1) - (5);
when, or dates during which, the
(2) The labeling information as specified in part
shellfish are sold or served; and
4626.0200 is retained and correlated with the date
(2) the shellfish are protected from
when, or dates during which, the shellfish are sold or
contamination.
served;
(3) The labeling information and dates specified
under Subparagraph D(2) of this section are
maintained for 90 days; and
(4) The shellfish are protected from contamination.
4626.0220 3-203.12 SHELLSTOCK;
4626.0220 3-203.12 SHELLSTOCK;
MAINTAINING IDENTIFICATION.* MAINTAINING IDENTIFICATION.*
A. Except as specified in item B,
A. Except as specified in item B C, subitem (2) of this
subitem (2), shellstock tags shall remain section, shellstock tags shall remain attached to the
attached to the container in which the
container in which the shellstock are received until the
shellstock are received until the
container is empty.
container is empty.
B. The date when the last shellstock from the
B. The identity of the source of
container is sold or served shall be recorded on the tag
shellstock that are
or label.
sold or served shall be maintained by
C. B. The identity of the source of shellstock that are
retaining shellstock tags or labels for 90 sold or served shall be maintained by retaining
calendar days from the date the
shellstock tags or labels for 90 calendar days from the
container is emptied by:
date the container is emptied by: dates of harvest:
(1) using an approved record keeping
(1) Using an approved record keeping system that
system that
keeps the tags or labels in chronological order
keeps the tags or labels in chronological correlated to the date when, or dates during which, the
order correlated to the date when, or
shellstock are sold or served; and
dates during which, the shellstock are
(2) If shellstock are removed from their tagged or
sold or served; and
labeled container:
(2) if shellstock are removed from their
(a) using only one tagged or labeled container at a
tagged
time; or Preserving source identification by using a
or labeled container:
record keeping system as specified under item C(1) of
(a) using only one tagged or labeled
this section, and
container at a time; or
(b) using more than one tagged or labeled container
(b) using more than one tagged or
at a time and obtaining a variance from the regulatory
64
Chapter 3
MN Current Code
Code Consensus Committee Proposed
labeled container at a time and
authority as specified in parts 4626.1690 to 4626.1715
obtaining a variance from the regulatory based on a HACCP plan developed according to parts
authority as specified in parts
4626.1730 and 4626.1735 that:
4626.1690 to 4626.1715 based on a
i. is submitted by the licensee and approved by
HACCP plan developed according to
the regulatory authority as specified in parts
parts 4626.1730 and 4626.1735 that:
4626.1690 to 4626.1715;
i. is submitted by the licensee and
ii. preserves source identification by using a
approved by the regulatory authority as record keeping system specified in subitem (1); and
specified in parts 4626.1690 to
iii. Ensures Ensuring that shellstock from one tagged
4626.1715;
or labeled container are not commingled with
ii. preserves source identification by
shellstock from another container with different
using a record keeping system specified certification numbers; different harvest dates; or
in subitem (1); and
different growing areas as identified on the tag or
iii. ensures that shellstock from one
label before being ordered by the consumer.
tagged or labeled container are not
commingled with shellstock from
another container before being ordered
by the consumer.
4626.0225 3-301.11 PREVENTING
4626.0225 3-301.11 PREVENTING
CONTAMINATION FROM HANDS.* CONTAMINATION FROM HANDS.*
A. Food employees shall wash their
A. Food employees shall wash their hands as
hands as specified in part 4626.0070.
specified in part 4626.0070.
B. Except when washing fruits and
B. Except when washing fruits and vegetables as
vegetables as
specified in part 4626.0255 or as specified in (D) of
specified in part 4626.0255, food
this section, food employees shall limit direct hand
employees shall limit direct hand
contact with may not contact exposed, ready-to-eat
contact with exposed, ready-to-eat food food when with their bare hands and shall use suitable
when deli tissue, spatulas, tongs,
utensils such as deli tissue, spatulas, tongs, single-use
dispensing equipment, or other utensils gloves, or dispensing equipment .
can be used.
C. Food employees shall minimize bare hand and arm
C. Food employees shall minimize bare contact with exposed food that is not in a ready-to-eat
hand and arm contact with exposed
form.s
food that is not in a ready-to-eat form.
D. Except when wounds or lesions are present as
D. Except when wounds or lesions are described in part 4626.0040, single-use gloves are not
present as
required if proper handwashing as specified in parts
described in part 4626.0040, single-use 4626.0070 to 4626.0090 is undertaken. Food
gloves are not required if proper
employees not serving a highly susceptible population
handwashing as specified in parts
may contact exposed, ready-to-eat food with their bare
4626.0070 to 4626.0090 is undertaken. hands if:
(1)
Written procedures are maintained in
the food establishment and made available to
the regulatory authority upon request that
include:
(a)For each bare hand contact procedure, a
65
MN Current Code
Chapter 3
Code Consensus Committee Proposed
listing of the specific ready-to-eat foods
that are touched by bare hands,
(b)Show that handwashing facilities,
installed, located, equipped, and
maintained as specific in parts
4626.1070, 4626.1095, 4626.1110,
4626.1440, 4626.1445, 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;
(2)
A written employee health policy that
details how the food establishment complies
with part 4626.0040, 4626.0045, and
4626.0050 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 part 4626.0040 (A),
(b)Documentation that food employees and
conditional employees acknowledge
their responsibilities as specified in part
4626.0040 (E) and (F), and
(c)Documentation that the person in charge
acknowledge their responsibilities as
specified in part 4626.0040 (B), (C), and
(D), and 4626.0045 and 4626.0050;
(3)
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 in part
4626.0070,
(c)When to wash their hands as specified in
part 4626.0075,
(d)Where to wash their hands as specified
in part 4626.0080,
(e)Proper fingernail maintenance as
specified in part 4626.0090,
(f)Prohibition of jewelry as specified in
66
MN Current Code
4626.0230 3-301.12 PREVENTING
CONTAMINATION WHEN
TASTING.*
A food employee shall not use a utensil
more than once to taste food that is to
be sold or served.
4626.0235 3-302.11 PACKAGED
AND UNPACKAGED FOOD;
SEPARATION, PACKAGING, AND
SEGREGATION.*
A. Food shall be protected from crosscontamination by:
(1) separating raw animal foods during
storage,
preparation, holding, and display from:
(a) raw ready-to-eat food including fish
Chapter 3
Code Consensus Committee Proposed
part 4626.0095, and
(g)Good hygienic practices as specified
part 4626.0105 and 4626.0110;
(4)
Documentation that hands are washed
before food preparation and as necessary to
prevent cross contamination by food
employees as specified in part 4626.0065,
4626.0070, 4626.0075, and 4626.0080 during
all hours of operation when the specific
ready-to-eat foods are prepared;
(5)
Documentation that food employees
contacting ready-to-eat foods 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, such as after
using the bathroom and returning to
work, handling raw meat, etc’
(b)Nail brushes,
(c)A hand antiseptic after handwashing as
specified in part 4626.0085,
(d)Programs to encourage food employees
not to work when they are ill, or
(e)Other control measures approved by the
regulatory authority; and
(6)
Documentation that corrective action is
taken when Subparagraphs (D)(1) – (5) of this
section are not followed.
4626.0230 3-301.12 PREVENTING
CONTAMINATION WHEN TASTING.*
A food employee shall may not use a utensil more
than once to taste food that is to be sold or served.
4626.0235 3-302.11 PACKAGED AND
UNPACKAGED FOOD; SEPARATION,
PACKAGING, AND SEGREGATION.*
A. Food shall be protected from cross contamination
by:
(1) 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
shellfish, or other raw ready-to-eat food such as fruits
67
Chapter 3
MN Current Code
Code Consensus Committee Proposed
for sushi, molluscan shellfish, or other
and vegetables, and
raw animal food, and vegetables; and
(b) Cooked ready-to-eat food;
(b) cooked ready-to-eat food;
(2) Except when combined as ingredients, separating
(2) except when combined as
types of raw animal foods from each other such as
ingredients,
beef, fish, lamb, pork, and poultry during storage,
separating types of raw animal foods
preparation, holding, and display by:
from each other during storage,
(a) one of the following:
preparation, holding, and display by:
i. (a) Using separate equipment for each type of
(a) one of the following:
food, or
i. using separate equipment for each
ii. (b) Arranging each type of food in equipment so
type of food; or
that cross contamination of one type with another is
ii. arranging each type of food in
prevented, and
equipment so that cross-contamination
(b) (c) Preparing each type of food at different times
of one type with another is prevented;
or in separate areas;
and
(3) Cleaning equipment and utensils as specified in
(b) preparing each type of food at
part 4626.0845, item A, and sanitizing as specified in
different times or in separate areas;
part 4626.0905;
(3) cleaning equipment and utensils as
(4) Except as specified in part 4626.0390 and in
specified in part 4626.0845, item A, and item B, of this section storing the food in packages,
sanitizing as specified in part
covered containers, or wrappings;
4626.0905;
(5) Cleaning hermetically sealed containers of food
(4) except as specified in item B,
of visible soil before opening;
storing the food in packages, covered
(6) Protecting food containers that are received
containers, or wrappings;
packaged together in a case or overwrap from cuts
(5) cleaning hermetically sealed
when the case or overwrap is opened;
containers of food of visible soil before
(7) Storing damaged, spoiled, or recalled food being
opening;
held in the food establishment as specified in part
(6) protecting food containers that are
4626.1505; and
received packaged together in a case or
(8) Separating fruits and vegetables, before they are
overwrap from cuts when the case or
washed as specified in part 4626.0255 from ready-tooverwrap is opened;
eat food.
(7) storing damaged, spoiled, or
B. Item A, subitem (4) Subparagraph (A)(4) of this
recalled food being held in the food
section does not apply to:
establishment as specified in part
(1) Whole, uncut, raw fruits and vegetables and nuts
4626.1505; and
in the shell, that require peeling or hulling before
(8) separating fruits and vegetables,
consumption;
before they are washed as specified in
(2) Primal cuts, quarters, or sides of raw meat or slab
part 4626.0255, from ready-to-eat food. bacon that are hung on clean, sanitized hooks or
B. Item A, subitem (4), does not apply placed on clean, sanitized racks;
to:
(3) Whole, uncut, processed meats including such as
(1) whole, uncut, raw fruits and
country hams, and smoked or cured sausages that are
vegetables and
placed on clean, sanitized racks;
nuts in the shell that require peeling or
(4) Food being cooled as specified in part 4626.0390,
hulling before
item B, subitem (2); or
68
MN Current Code
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
including
country hams and smoked or cured
sausages that are placed on clean,
sanitized racks;
(4) food being cooled as specified in
part 4626.0390, item B, subitem (2); or
(5) shellstock.
4626.0240 3-302.12 FOOD STORAGE
CONTAINERS; IDENTIFIED WITH
COMMON NAME OF FOOD.
Working containers holding food or
food ingredients that are removed from
their original packages for use in the
food establishment, including cooking
oils, flour, herbs, potato flakes, salt,
spices, and sugar, shall be identified
with the common name of the food
except that containers holding food that
can be readily and unmistakably
recognized, including dry pasta, need
not be identified. The identification
must be in English and any other
language used by the employees of the
food establishment who handle food.
4626.0245 3-302.13 PASTEURIZED
EGGS; SUBSTITUTE FOR SHELL
EGGS.*
A. Pasteurized eggs or egg products
shall be substituted for raw shell eggs in
the preparation of Caesar salad,
hollandaise or bearnaise sauce,
mayonnaise, eggnog, ice cream, eggfortified beverages, and other foods that
are not:
(1) cooked as specified in part
4626.0340, item
A, subitem (1) or (2); or
Chapter 3
Code Consensus Committee Proposed
(5) Shellstock.
4626.0240 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 establishment, including such as cooking
oils, flour, herbs, potato flakes, salt, spices, and sugar,
shall be identified with the common name of the food
except that containers holding food that can be readily
and unmistakably recognized, including dry pasta,
need not be identified. The identification must be in
English and any other language used by the
employees of the food establishment who handle food.
4626.0245 3-302.13 PASTEURIZED EGGS,
SUBSTITUTE FOR SHELL EGGS RAW EGGS
FOR CERTAIN RECIPES.*
A. Pasteurized eggs or egg products shall be
substituted for raw shell eggs in the preparation of
foods such as Caesar salad, hollandaise or Béarnaise
sauce, mayonnaise, meringue, eggnog, ice cream, and
egg-fortified beverages and other foods that are not:
(1) A. Cooked as specified in part 4626.0340, item
A, subitem (1) or (2); or
(2) B. Included in part 4626.0340, item C, subitem
(1).
69
MN Current Code
(2) included in part 4626.0340, item C,
subitem (1).
B. Tom and Jerry batter, mix, or base
shall be obtained from a source that
complies with parts 1555.7410 to
1555.7500.
4626.0250 3-302.14 PROTECTION
FROM UNAPPROVED ADDITIVES.*
A. Food shall be protected from
contamination that may result from the
addition of, as specified in part
4626.0170:
(1) unsafe or unapproved food or color
additives; and
(2) unsafe or unapproved levels of
approved food and color additives.
B. A food employee shall 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 as
specified in Code of Federal
Regulations, title 21, section 101.54,
paragraph (c); or
(2) serve or sell food specified in
subitem (1) that is treated with sulfiting
agents before receipt by the food
establishment, except that grapes need
not meet this subitem.
4626.0255 3-302.15 WASHING
FRUITS AND VEGETABLES.
A. 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 except that whole, raw fruits and
vegetables that are intended for washing
by the consumer before consumption
need not be washed before they are
sold.
B. Fruits and vegetables may be
washed by using chemicals as specified
Chapter 3
Code Consensus Committee Proposed
4626.0250 3-302.14 PROTECTION FROM
UNAPPROVED ADDITIVES.*
A. Food shall be protected from contamination that
may result from the addition of, as specified in part
4626.0170:
(1) Unsafe or unapproved food or color additives;
and
(2) Unsafe or unapproved levels of approved food
and color additives.
B. A food employee shall 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 as
specified in Code of Federal Regulations, title 21,
section 101.54, paragraph (c); or
(2) Except for grapes, serve or sell food specified in
subitem (1) under Subparagraph (B)(1) of this section
that is treated with sulfiting agents before receipt by
the food establishment, except that grapes need not
meet this subitem.
4626.0255 3-302.15 WASHING FRUITS AND
VEGETABLES.
A. Except as specified in (B) of this section and
except for whole, raw fruits 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 except that whole,
raw fruits and vegetables that are intended for
washing by the consumer before consumption need
not be washed before they are sold.
(B) Fruits and vegetables may be washed by using
chemicals as specified in part 4626.1625.
70
MN Current Code
in part 4626.1625.
4626.0260 3-303.11 ICE USED AS
EXTERIOR COOLANT;
PROHIBITION.
After use as a medium for cooling the
exterior surfaces of food including
melons, fish, or canned beverages or
other packaged foods, or cooling coils
and tubes of equipment, ice shall not be
used as food.
4626.0265 3-303.12 STORAGE OR
DISPLAY OF FOOD IN CONTACT
WITH WATER OR ICE.
A. Packaged food shall 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. Bottled and canned beverages on
retail display shall not be stored in
contact with water or undrained ice.
C. Other than for direct retail sales,
whole, raw fruits or vegetables; cut, raw
vegetables including celery, carrot
sticks, or 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.
4626.0270 3-304.11 FOOD CONTACT
WITH EQUIPMENT AND
UTENSILS.*
Food shall not contact:
A. probe-type price or identification
tags;N and
B. surfaces of equipment and utensils
that are not cleaned as specified in parts
4626.0840 to 4626.0890 and sanitized
as specified in parts 4626.0895 to
4626.0905.
Chapter 3
Code Consensus Committee Proposed
4626.0260 3-303.11 ICE USED AS EXTERIOR
COOLANT; PROHIBITION PROHIBITED AS
INGREDIENT.
After use as a medium for cooling the exterior
surfaces of food such as melons, fish or caned
beverages or other or fish, or other packaged foods
such as canned beverages, or cooling coils and tubes
of equipment, ice shall may not be used as food.
4626.0265 3-303.12 STORAGE OR DISPLAY OF
FOOD IN CONTACT WITH WATER OR ICE.
A. Packaged food shall 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. Bottled and canned beverages on retail display
shall not be stored in contact with water or undrained
ice. Except as specified in (C) and (D) of this section,
unpackaged food may not be stored in direct contact
with undrained ice.
C. Other than for direct retail sales, Whole, raw fruits
or vegetables; cut, raw vegetables including such as
celery or carrot sticks or cut potatoes; and tofu may be
immersed in ice or water.
(D) Raw chicken poultry 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.
4626.0270 3-304.11 FOOD CONTACT WITH
EQUIPMENT AND UTENSILS.*
Food shall not only contact surfaces of:
A. probe-type price or identification tags;N and
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; or
B. surfaces of equipment and utensils that are not
cleaned as specified in parts 4626.0840 to 4626.0890
and sanitized as specified in parts 4626.0895 to
4626.0905. Single-service and single-use articles.
71
Chapter 3
MN Current Code
Code Consensus Committee Proposed
4626.0275 3-304.12 IN-USE
4626.0275 3-304.12 IN-USE UTENSILS;
UTENSILS; BETWEEN-USE
BETWEEN-USE STORAGE.
STORAGE.
A. During pauses in food preparation or dispensing,
A. During pauses in food preparation
food preparation and dispensing utensils shall be
or dispensing, food preparation and
stored:
dispensing utensils shall be stored:
(1) A. Except as specified in item B of this section, in
(1) except as specified in item B, in the the food with their handles above the top of the food
food with the handles above the top of
and the container;
the food and the container;
(2) B. In food that is not potentially hazardous
(2) in food that is not potentially
(time/temperature control for safety food) with their
hazardous, with the handles above the
handles above the top of the food within containers or
top of the food within containers or
equipment that can be closed, including such as bins
equipment that can be closed, including of sugar, flour, or cinnamon;
bins of sugar, flour, or cinnamon;
(3) C. On a clean portion of the food preparation table
(3) on a clean portion of the food
or cooking equipment and shall be only if the in-use
preparation table or cooking equipment utensil and the foodcontact surface of the food
and shall be cleaned and sanitized at a
preparation table or cooking equipment are cleaned
frequency specified in parts 4626.0845
and sanitized at a frequency specified in parts
and 4626.0900;
4626.0845 and 4626.0900;
(4) in running water of sufficient
(4) D. In running water of sufficient velocity to flush
velocity to flush particulates to the
particulates to the drain, if used with moist food
drain, if used with moist food including including such as ice cream or mashed potatoes; or
ice cream or mashed potatoes; or
(5) E. In a clean, protected location if the utensils,
(5) in a clean, protected location if the
including such as ice scoops, are used only with a
utensils, including ice scoops, are used
food that is not potentially hazardous
only with a food that is not potentially
(time/temperature control for safety food); or
hazardous.
F. In a container of water if the water is maintained at
B. For consumer self-service of bulk
a temperature of at least 57ºC (135ºF) and the
food, a manual dispensing utensil shall
container is cleaned at a frequency specified under
have a handle long enough to avoid
Subparagraph 4626.0845(D)(7).
consumer contact with bulk food.
B. G. For consumer self-service of bulk food, a
When not in use, the dispensing utensil manual dispensing utensil shall have a handle long
shall be stored either in the food with
enough to avoid consumer contact with bulk food.
the handle extended out of the food, or
When not in use, the dispensing utensil shall be stored
in a protective enclosure attached or
either in the food with the handle extended out of the
adjacent to the display unit with the
food, or in a protective enclosure attached or adjacent
utensil on a tether of easily cleanable
to the display unit with the utensil on a tether of easily
material short enough to prevent contact cleanable material short enough to prevent contact
with the floor.
with the floor. be stored as specified in MN Statute
31.84 Subd2.
4626.0280 LINENS AND NAPKINS;
4626.0280 3-304.13 LINENS AND NAPKINS; USE
USE LIMITATION.
LIMITATION.
Linens and napkins shall not be used in Linens and napkins shall may not be used in contact
contact with food unless they are used
with food unless they are used to line a container for
72
MN Current Code
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.
4626.0285 3-304.13 WIPING
CLOTHS; USED FOR ONE
PURPOSE.
A. Cloths that are in use for wiping
food spills shall be used for no other
purpose.
B. Cloths used for wiping food spills
shall be:
(1) dry and used for wiping food spills
from tableware and carry-out
containers; or
Chapter 3
Code Consensus Committee Proposed
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 wiping counters and other
equipment surfaces shall be:
(1) Held between uses in a chemical sanitizer
solution at a concentration specified under 4626.0805;
and
(2) Laundered daily as specified under
4626.0915(D).
C. Cloths in-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 stored and 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.
4626.0285 3-304.13 WIPING CLOTHS; USED FOR
ONE PURPOSE.
A. Cloths that are in use for wiping food spills shall
be used for no other purpose.
B. Cloths used for wiping food spills shall be:
(1) dry and used for wiping food spills from tableware
and carry-out containers; or
(2) moist and cleaned as specified in part 4626.0915,
item D, stored in a chemical sanitizer as specified in
part 4626.1620, and used for wiping spills from foodcontact and non-food-contact surfaces of equipment.
73
MN Current Code
(2) moist and cleaned as specified in
part 4626.0915, item D, stored in a
chemical sanitizer as specified in part
4626.1620, and used for wiping spills
from food-contact and non-food-contact
surfaces of equipment.
C. Dry or moist cloths that are used
with raw animal foods shall be kept
separate from cloths used for other
purposes. Moist cloths used with raw
animal foods hall be kept in a separate
sanitizing solution.
4626.0287 3-304.14 GLOVES; USE
LIMITATION.
A. If used, single-use gloves shall be
used for only one task including
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 item C, slashresistant 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 in parts 4626.0340
to 4626.0365, including 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 slashresistant 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 shall not be used in
direct contact with food unless the food
is subsequently cooked as required
under parts 4626.0340 to 4626.0365,
including frozen food or a primal cut of
meat.
Chapter 3
Code Consensus Committee Proposed
C. Dry or moist cloths that are used with raw animal
foods shall be kept separate from cloths used for other
purposes. Moist cloths used with raw animal foods
hall be kept in a separate sanitizing solution.
4626.0287 3-304.154 GLOVES; USE LIMITATION.
A. If used, single-use gloves shall be used for only
one task including 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 item (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 in parts 4626.0340
to 4626.0365 under Part 3-4 such as including frozen
food or a primal cut of meat.
C. Slash-resistant gloves may be used with ready-toeat 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 shall may not be used in direct contact
with food unless the food is subsequently cooked as
required under parts 4626.0340 to 4626.0365,
including Part 3-4 such as frozen food or a primal cut
of meat.
74
MN Current Code
4626.0290 3-304.15 USING CLEAN
TABLEWARE FOR SECOND
PORTIONS AND REFILLS.
A. A food employee shall not use
single-service articles or other
tableware soiled by the consumer to
provide second portions or refills.
B. Except as specified in item C, selfservice consumers shall not be allowed
to use soiled single-service articles or
other tableware to obtain additional
food from the display and serving
equipment.
C. Cups and glasses may be reused by
self-service consumers if refilling is a
contamination-free process as specified
in part 4626.0575, items A, B, and D.
4626.0295 3-304.16 REFILLING
RETURNABLES.
A. A take-home food container
returned to a food establishment shall
not be refilled at a food establishment
with a potentially hazardous food.
B. Except as specified in item C, a
take-home food container refilled with
food that is not potentially hazardous
shall be cleaned as specified in part
4626.0890.
C. Personal take-out beverage
containers, including thermally
insulated bottles, nonspill coffee cups,
and promotional beverage glasses, may
be refilled by employees or the
consumer if refilling is a contaminationfree process as specified in part
4626.0575, items A, B, and D.
4626.0300 3-305.11 FOOD STORAGE.
A. Except as specified in items B and
C, food shall be protected from
contamination by storing the food:
Chapter 3
Code Consensus Committee Proposed
4626.0290 3-304.165 USING CLEAN TABLEWARE
FOR SECOND PORTIONS AND REFILLS.
A. A food employee shall not use single-service
articles or other tableware soiled by the consumer to
provide second portions or refills. 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 item C of this section, selfservice consumers shall may not be allowed to use
soiled single-service articles or other tableware
tableware, including single-service articles, to obtain
additional food from the display and serving
equipment.
C. Cups and glasses Drinking cups and containers
may be reused by self-service consumers if refilling is
a contamination-free process as specified in part
4626.0575, items A, B, and D.
4626.0295 3-304.176 REFILLING RETURNABLES.
A. A take-home food container returned to a food
establishment shall may not be refilled at a food
establishment with a potentially hazardous food
(time/temperature control for safety food).
B. Except as specified in item 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 in part 4626.0890.
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 in part
4626.0575, items A, B, and D.
4626.0300 3-305.11 FOOD STORAGE.
A. Except as specified in items B and C of this
section, food shall be protected from contamination by
storing the food:
75
MN Current Code
(1) in a clean, dry location;
(2) where it is not exposed to splash,
dust, or other contamination; and
(3) at least 15 cm (six inches) above the
floor.
B. Food in packages and working
containers may be stored less than 15
cm (six inches) above the floor on case
lot handling equipment specified in part
4626.0665.
C. Pressurized beverage containers,
cased food in waterproof containers,
including bottles or cans, and milk
containers in plastic crates may be
stored on a floor that is clean and not
exposed to floor moisture.
4626.0305 3-305.12 FOOD
STORAGE; PROHIBITED AREAS.
Food shall not be stored:
A. in a locker room;
B. in a toilet room;
C. in a dressing room;
D. in a garbage room;
E. in a mechanical room;
F. under a sewer line that is not
shielded to intercept potential drips;
G. under a leaking water line, including
a leaking automatic fire sprinkler head,
or under a line on which water has
condensed;
(1) under an open stairwell; or
(2) under any other source of
contamination.
4626.0310 3-305.13 VENDED
POTENTIALLY HAZARDOUS
FOOD; ORIGINAL CONTAINER.
Potentially hazardous food dispensed
through a vending machine shall be in
the package in which it was placed at
the food establishment or food
processing plant where it was prepared.
Chapter 3
Code Consensus Committee Proposed
(1) In a clean, dry location;
(2) Where it is not exposed to splash, dust, or other
contamination; and
(3) At least 15 cm (six inches) above the floor.
(B) Food in packages and working containers may be
stored less than 15 cm (six inches) above the floor on
case lot handling equipment in part 4626.0665.
(C) Pressurized beverage containers, cased food in
waterproof containers, including such as bottles or
cans, and milk containers in plastic crates may be
stored on a floor that is clean and not exposed to floor
moisture.
4626.0305 3-305.12 FOOD STORAGE;
PROHIBITED AREAS.
Food shall may not be stored:
A. In a locker rooms;
B. In a toilet rooms;
C. In a dressing rooms;
D. In a garbage rooms;
E. In a mechanical rooms;
F. Under a sewer lines that is are not shielded to
intercept potential drips;
G. Under a leaking water lines, including a leaking
automatic fire sprinkler heads, or under a lines on
which water has condensed;
H. Under an open stairwells; or
I. Under any other sources of contamination.
4626.0310 3-305.13 VENDED POTENTIALLY
HAZARDOUS FOOD (TIME/TEMPERATURE
CONTROL FOR SAFETY FOOD); ORIGINAL
CONTAINER.
Potentially hazardous food (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 where
which it was prepared.
76
MN Current Code
4626.0315 3-305.14 FOOD
PREPARATION.
During preparation, unpackaged food
shall be protected from environmental
sources of contamination.
4626.0320 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.
4626.0325 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 a location that is approved by the
regulatory authority, including the food
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.
4626.0330 3-306.13 CONSUMER
SELF-SERVICE OPERATIONS.*
A. Unpackaged, raw animal food,
including beef, lamb, pork, poultry, and
fish, shall not be offered for consumer
self-service. This item does not apply
to consumer self-service of ready-to-eat
Chapter 3
Code Consensus Committee Proposed
4626.0315 3-305.14 FOOD PREPARATION.
During preparation, unpackaged food shall be
protected from environmental sources of
contamination.
4626.0320 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.
4626.0325 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 a location that is an approved location by
the regulatory authority, including such as the food
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.
4626.0330 3-306.13 CONSUMER SELF-SERVICE
OPERATIONS.*
A. Raw, unpackaged, raw animal food, including such
as beef, lamb, pork, poultry, and fish shall may not be
offered for consumer self-service. This item paragraph
does not apply to:
(1) Consumer self-service of ready-to-eat foods at
77
MN Current Code
foods at buffets or salad bars that serve
foods including sushi or raw shellfish,
or to ready-to-cook individual portions
for immediate cooking and
consumption on the premises including
consumer-cooked meats or consumerselected ingredients for Mongolian
barbecue.
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.N
4626.0335 3-306.14 RETURNED
FOOD; RESERVICE OR SALE.*
A. Except as specified in item B, after
being served or sold and in the
possession of a consumer, food that is
unused or returned by the consumer
shall not be offered as food for human
consumption.
B. Food that is not potentially
hazardous, including crackers and
condiments, and that is in an unopened
original package and maintained in
sound condition may be re-served or
resold.
4626.0340 3-401.11 RAW ANIMAL
FOODS.*
A. Except as specified in items B and
C, raw animal foods, including eggs,
Chapter 3
Code Consensus Committee Proposed
buffets or salad bars that serve foods including such as
sushi or raw shellfish;
(2) or to Ready-to-cook individual portions for
immediate cooking and consumption on the premises
including such as consumer-cooked meats or
consumer-selected ingredients for Mongolian
barbecue; or
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.N
C. Consumer self-service operations such as buffets
and salad bars shall be monitored by food employees
trained in safe operating procedures.N
4626.0335 3-306.14 RETURNED FOOD; AND RESERVICE OR SALE OF FOOD.*
A. Except as specified in item (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 shall 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)
including crackers and condiments, and that is in an
unopened original package and maintained in sound
condition may be re-served or resold may be re-served
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.
3-307.11 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.
4626.0340 3-401.11 RAW ANIMAL FOODS.*
A. Except as specified in items B and C under item
(B) and in items (C) and (D) of this section, raw
animal foods including such as eggs, fish, meat,
78
Chapter 3
MN Current Code
Code Consensus Committee Proposed
fish, poultry, meat, and foods
poultry, and foods containing these raw animal foods,
containing these raw animal foods, shall shall be cooked to heat all parts of the food to a
be cooked to heat all parts of the food to temperature and for a time that complies with one of
a temperature and for a time that
the following methods based on the food that is being
complies with one of the following
cooked:
methods based on the food that is being (1) 63ºC (145ºF) or above for 15 seconds for:
cooked:
(a) Raw shell eggs that are broken and prepared in
(1) 63 degrees C (145 degrees F) or
response to a consumer's order and for immediate
above for 15
service, and
seconds for:
(b) Except as specified in subitems (2) and (3) and
(a) raw shell eggs that are broken and
item B under Subparagraphs (A)(2) and (A)(3) and
prepared in response to a consumer's
item (B), and in item (C) of this section, fish and meat
order and for immediate service; and
including game animals commercially raised for food
(b) except as specified in subitems (2)
as specified in part 4626.0160 (A)(1) and game
and (3) and item B, fish and meat
animals under a voluntary inspection program as
including game animals commercially
specified under Subparagraph 4626.0160(A)(2);
raised for food as specified in part
(2) 68ºC (155ºF) or above for 15 seconds or the
4626.0160;
temperature specified in the following chart that
(2) 68 degrees C (155 degrees F) or
corresponds to the holding time for pork; ratites; and
above for 15 seconds or the
injected meats; the following if they are comminuted:
temperature specified in the following
fish, meat, and game animals commercially raised for
chart that corresponds to the holding
food as specified in part 4626.0160 (A)(1), and game
time for pork; ratites; injected meats;
animals under a voluntary inspection program as
the following if they are comminuted:
specified under Subparagraph 4626.0160(A)(2); and
fish, meat, and game animals
raw eggs that are not prepared as specified in subitem
commercially raised for food as
(1), unit (a) under Subparagraph (A)(1)(a) of this
specified in part 4626.0160; and raw
section:
eggs that are not prepared as specified
in subitem (1), unit (a):
Minimum
Temperature °C (°F)
Time
63 (145)
3 minutes
Minimum
66 (150)
1 minute
Temperature °C
Time
70 (158)
< 1 second
(°F)
(instantaneous)
63 (145)
3 minutes
66 (150)
1 minute
;or
(3) 74ºC (165ºF) or above for 15 seconds for
(3) 74 degrees C (165 degrees F) or
poultry, baluts, wild game animals as specified in part
above for 15 seconds for poultry; wild
4626.0160(A)(3) and (4), stuffed fish, stuffed meat,
game animals specified in part
stuffed pasta, stuffed poultry, stuffed ratites, or
4626.0160; stuffed fish; stuffed meat;
stuffing containing fish, meat, poultry, or ratites.
stuffed pasta; stuffed poultry; stuffed
B. Whole beef meat roasts including beef, and corned
ratites; or stuffing containing fish, meat, beef roasts, lamb, pork, and cured pork roasts such as
poultry, or ratites.
ham shall be cooked:
79
MN Current Code
B. Whole beef roasts and corned beef
roasts shall be cooked:
(1) in an oven that is preheated to the
temperature specified for the roast's
weight in the following chart and that is
held at that temperature:
Oven Type
Oven Temperature
Based on Roast
Weight
Less than 4.5 kg
to 4.5 kg (10 lbs)
(10 lbs)
or more
Still dry
177°C
121°C
(350°F)
(250°F)
or more
or more
Convection 163°C
121°C
(325°F)
(250°F)
or more
or more
High
121°C
121°C
humidity1
(250°F)
(250°F)
or less
or less
1
Relative humidity greater than 90
percent for at least one hour as
measured in the cooking chamber or
exit of the oven; or in a moistureimpermeable bag that provides 100
percent humidity.
(2) as specified in the following chart,
to heat all parts of the food to a
temperature and for the holding time
that corresponds to that temperature:
Chapter 3
Code Consensus Committee Proposed
(1) In an oven that is preheated to the temperature
specified for the roast's weight in the following chart
and that is held at that temperature:
Oven Type
Oven Temperature Based on
Roast Weight
Less than to
4.5 kg (10 lbs)
4.5 kg (10 lbs) or More
177ºC (350ºF)
121ºC (250ºF)
Still Dry
or more
or more
163ºC
(325ºF)
121ºC (250ºF)
Convection
or more
or more
121ºC (250ºF)
121ºC (250ºF)
High
or less
or less
Humidity1
1 Relative humidity greater than 90% for at least
one hour as measured in the cooking chamber or
exit of the oven; or in a moisture-impermeable bag
that provides 100% humidity.
;and
(2) As specified in the following chart, to heat all
parts of the food to a temperature and for the holding
time that corresponds to that temperature:
Temperature
°C (°F)
54 (130)
56 (132)
57 (134)
58 (136)
59 (138)
60 (140)
61 (142)
62 (144)
63 (145)
Time1 in
Minutes
121
77
47
32
19
12
8
5
3
Temperature Time1
Temperature Time1
°C (°F)
in
°C (°F)
in
Minutes
Seconds
54.4 (130)
55.0 (131)
56.1 (133)
57.2 (135)
80
112
89
56
36
63.9 (147)
65.0 (149)
66.1 (151)
67.2 (153)
134
85
54
34
MN Current Code
Temperature
Time1 in
°C (°F)
Minutes
54 (130)
121
56 (132)
77
57 (134)
47
58 (136)
32
59 (138)
19
60 (140)
12
61 (142)
8
62 (144)
5
63 (145)
3
1
Holding time may include postoven
heat rise.
C. Items A and B do not apply if:
(1) the food is a raw animal food,
including raw egg, raw fish, rawmarinated fish, raw molluscan shellfish,
steak tartare, or a partially cooked food
including lightly cooked fish, rare meat,
and soft cooked eggs that is served or
offered for sale in a ready-to-eat form,
when the food is prepared in that
fashion at the request of the consumer;
or
(2) the regulatory authority grants a
variance from item A or B as specified
in part 4626.1695, based on a HACCP
plan that:
(a) is submitted by the licensee and
approved as specified in part
4626.1695;
(b) documents scientific data or other
information showing that a lesser time
and temperature regimen results in a
safe food; and
(c) verifies that equipment and
procedures for food preparation and
training of food employees at the food
establishment meet the conditions of the
variance.
Chapter 3
Code Consensus Committee Proposed
57.8 (136)
28
68.3 (155)
22
58.9 (138)
18
69.4 (157)
14
60.0 (140)
12
70.0 (158)
0
61.1 (142)
8
62.2 (144)
5
62.8 (145)
4
1Holding time may include postoven heat rise.
C. Items A and B do not apply if:
(1) the food is a raw animal food, including raw egg,
raw fish, raw-marinated fish, raw molluscan shellfish,
steak tartare, or a partially cooked food including
lightly cooked fish, rare meat, and soft cooked eggs
that is served or offered for sale in a ready-to-eat
form, when the food is prepared in that fashion at the
request of the consumer; or
(2) the regulatory authority grants a variance from
item A or B as specified in part 4626.1695, based on a
HACCP plan that:
(a) is submitted by the licensee and approved as
specified in part 4626.1695;
(b) documents scientific data or other information
showing that a lesser time and temperature regimen
results in a safe food; and
(c) verifies that equipment and procedures for food
preparation and training of food employees at the food
establishment meet the conditions of the variance.
C. A raw or undercooked whole-muscle, intact beef
steak may be served or offered for sale in a ready-toeat form if:
(1) The food establishment serves a population that
is not a highly susceptible population,
(2) The steak is labeled to indicate that it meets the
definition of "whole-muscle, intact beef" as specified
under 4626.0130(E), and
(3) The steak is cooked on both the top and bottom
to a surface temperature of 63ºC (145ºF) or above and
a cooked color change is achieved on all external
surfaces.
D. A raw animal food such as raw egg, raw fish, rawmarinated fish, raw Molluscan shellfish, or steak
tartare; or a partially cooked food such as lightly
cooked fish, soft cooked eggs, or rare meat other than
81
Chapter 3
MN Current Code
Code Consensus Committee Proposed
whole-muscle, intact beef steaks as
specified in item (C) of this section, may be served or
offered for sale upon consumer request or selection in
a ready-to-eat form if:
(1) As specified under ¶¶ 3-801.11(C)(1) and (2),
the food establishment serves a population that is not a
highly susceptible population; and
(2) The consumer is informed as specified under §
3-603.11 that to ensure its safety, the food should be
cooked as specified under items (A) or (B) of this
section; or
(3) The regulatory authority grants a variance from
item (A) or (B) of this section as specified in part
4626.1690 based on a HACCP plan that:
(a) Is submitted by the license holder and approved
as specified under § 8-103.11,
(b) Documents scientific data or other information
showing that a lesser time and temperature regimen
results in a safe food, and
(c) Verifies that equipment and procedures for food
preparation and training of food employees at the food
establishment meet the conditions of the
variance.
4626.0345 3-401.15 MICROWAVE
4626.0345 3-401.125 MICROWAVE COOKING.*
COOKING.*
Raw animal foods cooked in a microwave oven shall
Raw animal foods cooked in a
be:
microwave oven shall be:
A. Rotated or stirred throughout or midway during
A. rotated or stirred throughout or
cooking to compensate for uneven distribution of heat;
midway during
B. Covered to retain surface moisture;
cooking to compensate for uneven
C. Heated to a temperature of at least 74ºC (165ºF) in
distribution of heat;
all parts of the food; and
B. covered to retain surface moisture;
D. Allowed to stand covered for two minutes after
C. heated to a temperature of at least 74 cooking to obtain temperature equilibrium.
degrees C (165 degrees F) in all parts
of the food; and
D. allowed to stand covered for two
minutes after cooking to obtain
temperature equilibrium.
3-401.13 PLANT FOOD COOKING FOR HOT
HOLDING.
Fruits and vegetables that are cooked for hot holding
shall be cooked to a temperature of 57ºC (135ºF).
4626.0350 3-402.11 PARASITE
4626.0350 3-402.11 PARASITE DESTRUCTION.*
DESTRUCTION.*
A. Except as specified in item (B) of this section,
82
Chapter 3
MN Current Code
Code Consensus Committee Proposed
A. Except as specified in item B,
before service or sale in ready-to-eat form, raw, rawbefore service or sale in ready-to-eat
marinated, partially cooked, or marinated-partially
form, raw, raw-marinated, partially
cooked fish other than molluscan shellfish shall be
cooked, or marinated-partially cooked
frozen throughout to a temperature of:
fish other than molluscan shellfish shall
(1) Frozen and stored at a temperature of -20°C
be frozen throughout to a temperature
(-4°F) or below for a minimum of 168 hours (seven
of:
days) in a freezer; or
(1) -20 degrees C (-4 degrees F) or
(2) Frozen at -35°C (-31°F) or below until solid and
below for 168 hours (seven days) in a
stored at -35°C (-31°F) or below for a minimum of 15
freezer; or
hours in a blast freezer; or
(2) -35 degrees C (-31 degrees F) or
(3) Frozen at -35°C (-31°F) or below until solid and
below for 15 hours in a blast freezer.
stored at -20°C (-4°F) or below for a minimum of 24
B. If the fish are tuna of the species
hours.
Thunnus
B. Paragraph (A) of this section does not apply to:
alalunga, Thunnus albacares
(1) Molluscan shellfish;
(Yellowfin tuna), Thunnus atlanticus,
(2) If the fish are Tuna of the species Thunnus
Thunnus maccoyii (Bluefin tuna,
alalunga, Thunnus albacares (Yellowfin tuna),
Southern), Thunnus obesus (Bigeye
Thunnus atlanticus, Thunnus maccoyii (Bluefin tuna,
tuna), or Thunnus thynnus (Bluefin
Southern), Thunnus obesus (Bigeye tuna), or Thunnus
tuna, Northern), the fish may be served thynnus (Bluefin tuna, Northern), the fish may be
or sold in a raw, raw-marinated, or
served or sold in a raw, raw-marinated, or partially
partially cooked ready-to-eat form
cooked ready-to-eat form without freezing as
without freezing as specified in item A. specified in item A.; or
(3) Aquacultured fish, such as salmon, that:
(a) If raised in open water, are raised in net-pens,
or
(b) Are raised in land-based operations such as
ponds or tanks, and
(c) Are fed formulated feed, such as pellets, that
contains no live parasites infective to the aquacultured
fish.
4626.0355 3-402.12 RECORDS;
4626.0355 3-402.12 RECORDS; CREATION AND
CREATION AND RETENTION.
RETENTION.
A. Except as specified in item B, and
A. Except as specified in item B of this section and
part 4626.0350, item B, if raw, rawpart 4626.0350, item B, if raw, raw-marinated,
marinated, partially cooked, or
partially cooked, or marinated-partially cooked fish
marinated-partially cooked fish are
are served or sold in ready-to-eat form, the person in
served or sold in ready-to-eat form, the charge shall record the freezing temperature and time
person in charge shall record the
to which the fish are subjected and shall retain the
freezing temperature and time to which records at of the food establishment for 90 calendar
the fish are subjected and shall retain
days beyond the time of service or sale of the fish.
the records at the food establishment for B. If the fish are frozen by a supplier, a written
90 calendar days beyond the time of
agreement or statement from the supplier stipulating
service or sale of the fish.
that the fish supplied are frozen to a temperature and
83
Chapter 3
MN Current Code
Code Consensus Committee Proposed
B. If the fish are frozen by a supplier, a for a time specified in part 4626.0350 may substitute
written agreement or statement from the for the records specified in item (A) of this section.
supplier stipulating that the fish
C. If raw, raw-marinated, partially cooked, or
supplied are frozen to a temperature and marinated-partially cooked fish are served or sold in
for a time specified in part 4626.0350
ready-to-eat form, and the fish are raised and fed as
may substitute for the records specified specified in Subparagraph 4626.0350(B)(3), a written
in item A.
agreement or statement from the supplier or
aquaculturist stipulating that the fish were raised and
fed as specified in Subparagraph 4626.0350(B)(3)
shall be obtained by the person in charge and retained
in the records of the food establishment for 90
calendar days beyond the time of service or sale of the
fish.
3-403.10 PREPARATION FOR IMMEDIATE
SERVICE.
Cooked and refrigerated food that is prepared for
immediate service in response to an individual
consumer order, such as a roast beef sandwich au jus,
may be served at any temperature.
4626.0360 3-403.11 REHEATING
4626.0360 3-403.11 REHEATING FOR HOT
FOR HOT HOLDING.*
HOLDING.*
A. Except as specified in items B, C,
A. Except as specified in items (B) and (C) and in
and E, potentially hazardous food that is item (E) of this section, potentially hazardous food
cooked, cooled, and reheated for hot
(Time/Temperature Control for Safety Food) that is
holding shall be reheated so that all
cooked, cooled, and reheated for hot holding shall be
parts of the food reach a temperature of reheated so that all parts of the food reach a
at least 74 degrees C (165 degrees F)
temperature of at least 74ºC (165ºF) for 15 seconds.
for 15 seconds.
B. Except as specified in item (C) of this section,
B. Except as specified in item C,
potentially hazardous food (Time/Temperature
potentially hazardous food reheated in a Control for Safety Food) reheated in a microwave
microwave oven for hot holding shall
oven for hot holding shall be reheated so that all parts
be reheated so that all parts of the food
of the food reach a temperature of at least 74ºC
reach a temperature of at least 74
(165ºF) and the food is rotated or stirred, covered, and
degrees C (165 degrees F) and the food allowed to stand covered for two minutes after
is rotated or stirred, covered, and
reheating.
allowed to stand covered for two
C. Ready-to-eat food taken from a commercially
minutes after reheating.
processed, hermetically sealed container, or from an
C. Ready-to-eat food taken from a
intact package from a food processing plant that is
commercially processed, hermetically
inspected by the food regulatory authority that has
sealed container, or from an intact
jurisdiction over the plant, shall be heated to a
package from a food processing plant
temperature of at least 60 degrees C (140 degrees F)
that is inspected by the food regulatory 57ºC (135ºF) for hot holding.
authority that has jurisdiction over the
D. Reheating for hot holding as specified under items
plant, shall be heated to a temperature
(A) - (C) of this section shall be done rapidly and the
84
MN Current Code
of at least 60 degrees C (140 degrees F)
for hot holding.
D. Reheating for hot holding shall be
done rapidly and the minimum
temperature specified in item A shall be
reached within two hours.
E. Remaining unsliced portions of
roasts of beef that are cooked as
specified in part 4626.0340, item B,
may be reheated for hot holding using
the oven parameters and minimum time
and temperature conditions specified in
part 4626.0340, item B.
4626.0365 3-403.12 REHEATING
FOR IMMEDIATE SERVICE.
Cooked and refrigerated food that is
prepared for immediate service in
response to an individual consumer
order, including roast beef sandwich au
jus, may be served at any temperature.
4626.0370 3-501.11 FROZEN FOOD.
Stored frozen foods shall be maintained
frozen.
Chapter 3
Code Consensus Committee Proposed
minimum temperature specified in item A shall be
reached within two hours time the food is between the
temperature specified under Subparagraph
4626.0395(A)(2) and the temperatures specified under
items (A) - (C) of this section may not exceed two
hours.
(E) Remaining unsliced portions of meat roasts of
beef that are cooked as specified in part 4626.0340,
item B may be reheated for hot holding using the oven
parameters and minimum time and temperature
conditions specified in part 4626.0340, item B.
4626.0365 3-403.12 REHEATING FOR
IMMEDIATE SERVICE.
Cooked and refrigerated food that is prepared for
immediate service in response to an individual
consumer order, including roast beef sandwich au jus,
may be served at any temperature.
3-404.11 TREATING JUICE.
Juice packaged in a food establishment shall be:
(A) Treated under a HACCP plan as specified in
Part 4626.1725(B) - (E) to attain a five-log reduction,
which is equal to a 99.999% reduction, of the most
resistant
microorganism of public health significance; or
(B) Labeled, if not treated to yield a five-log reduction
of the most resistant microorganism of public health
significance:
(1) As specified under 4626.0435, and
(2) As specified in 21 CFR 101.17(g) Food labeling,
warning, notice, and safe handling statements, Juices
that have not been specifically processed to prevent,
reduce, or eliminate the presence of pathogens with
the following, "WARNING: This product has not
been pasteurized and, therefore, may contain harmful
bacteria that can cause serious illness in children, the
elderly, and persons with weakened immune systems."
4626.0370 3 3-501.11 FROZEN FOOD.
Stored frozen foods shall be maintained frozen.
85
Chapter 3
MN Current Code
Code Consensus Committee Proposed
4626.0375 3-501.12 POTENTIALLY
4626.0375 3-501.12 POTENTIALLY HAZARDOUS
HAZARDOUS FOOD; SLACKING.
FOOD (TIME/TEMPERATURE CONTROL FOR
Frozen potentially hazardous food that
SAFETY FOOD), SLACKING.
is slacked to moderate the temperature Frozen potentially hazardous food (Time/Temperature
shall be held:
Control for Safety Food) that is slacked to moderate
A. under refrigeration that maintains
the temperature shall be held:
the food temperature at 5 degrees C (41 A. Under mechanical refrigeration that maintains the
degrees F) or below under mechanical
food temperature at 5ºC (41ºF) or below under
refrigeration; or
mechanical refrigeration less; or
B. at any temperature if the food
(B) At any temperature if the food remains frozen.
remains frozen.
4626.0380 3-501.13 THAWING.
4626.0380 3-501.13 THAWING
Potentially hazardous food shall be
Except as specified in item (D) of this section,
thawed:
potentially hazardous food (Time/Temperature
A. under refrigeration that maintains
Control for Safety Food) shall be thawed:
the food temperature at 5 degrees C (41 A. Under mechanical refrigeration that maintains the
degrees F) or below;
food temperature at 5ºC (41ºF) or below less; or
B. completely submerged under
B. Completely submerged under running water:
running water:
(1) At a water temperature of 21ºC (70ºF) or below,
(1) at a water temperature of 21 degrees
(2) With sufficient water velocity to agitate and float
C (70
off loose particles in an overflow, and
degrees F) or below;
(3) For a period of time that: (a) does not allow
(2) with sufficient water velocity to
thawed portions of ready-to-eat food to rise above 5ºC
agitate and
(41ºF), or
float off loose particles in an overflow; (b) (4) For a period of time that does not allow thawed
and
portions of a raw animal food requiring cooking as
(3) for a period of time that:
specified in part 4626.0340, items A and B to be
(a) does not allow thawed portions of
above 5ºC (41ºF) for more than four hours including:
ready-to-eat food to rise above 5
(a) The time the food is exposed to the running
degrees C (41 degrees F); or
water and the time needed for preparation for cooking,
(b) does not allow thawed portions of a or
raw animal food requiring cooking as
(b) The time it takes under mechanical refrigeration
specified in part 4626.0340, items A
to lower the food temperature to 5ºC (41ºF);
and B, to be above 5 degrees C (41
(C) As part of a cooking process if the food that is
degrees F) for more than four hours
frozen is:
including the time the food is exposed
(1) Cooked as specified in part 4626.0340, items A
to the running water and the time
and B, or 4626.0345, or
needed for preparation for cooking or
(2) Thawed in a microwave oven and immediately
the time it takes under refrigeration to
transferred to conventional cooking equipment, with
lower the food temperature to 5 degrees no interruption in the process; or
C (41 degrees F);
(D) Using any approved procedure that thaws if a
C. as part of a cooking process if the
portion of frozen ready-to-eat food that is thawed and
food that is
prepared for immediate service in response to an
frozen is:
individual consumer’s order.
86
MN Current Code
(1) cooked as specified in part
4626.0340, items A and B, or
4626.0345; or
(2) thawed in a microwave oven and
immediately transferred to
conventional cooking equipment, with
no interruption in the process; or
D. using any approved procedure that
thaws a portion of frozen ready-to-eat
food that is prepared for immediate
service in response to an individual
consumer's order.
4626.0385 3-501.14 COOLING.*
A. Cooked potentially hazardous food
shall be cooled:
(1) from 60 degrees C (140 degrees F)
to 21 degrees C (70 degrees F) within
two hours; and
(2) from 21 degrees C (70 degrees F) to
5 degrees C (41 degrees F) or below
within four hours.
B. Potentially hazardous food shall be
cooled to 5 degrees C (41 degrees F) or
below within four hours if prepared
from ingredients at ambient
temperature, including reconstituted
foods and canned tuna.
C. A potentially hazardous food
received in compliance with laws
allowing a temperature above 5 degrees
C (41 degrees F) during shipment from
the supplier shall be cooled to 5 degrees
C (41 degrees F) or below within four
hours.
Chapter 3
Code Consensus Committee Proposed
4626.0385 3-501.14 COOLING.*
A. Cooked potentially hazardous food
(Time/Temperature Control for Safety Food) shall be
cooled:
(1) from 60 degrees C (140 degrees F) to 21 degrees C
(70 degrees F) within two hours; and
(2) from 21 degrees C (70 degrees F) to 5 degrees C
(41 degrees F) or below within four hours.
(1) Within two hours from 57ºC (135ºF) to 21ºC
(70°F); and
(2) Within a total of six hours from 57ºC (135ºF) to
5ºC (41°F) or less.
B. Potentially hazardous food (Time/Temperature
Control for Safety Food) shall be cooled to 5 degrees
C (41 degrees F) or within four hours to 5ºC (41ºF) or
less, if prepared from ingredients at ambient
temperature, including such as reconstituted foods and
canned tuna.
C. Except as specified under item (D) of this section, a
potentially hazardous food (Time/Temperature
Control for Safety Food) received in compliance with
laws allowing a temperature above 5ºC (41ºF) during
shipment from the supplier as specified in
part 4626.0165(B), shall be cooled to 5 degrees C (41
degrees F) or below within four hours to 5ºC (41ºF) or
less.
(D) Raw eggs shall be received as specified under part
4626.0165(C) and immediately placed in refrigerated
equipment that maintains an ambient air temperature
of 7ºC (45ºF) or less.
87
MN Current Code
4626.0390 3-501.15 COOLING
METHODS.
A. Cooling shall be accomplished
according to the time and temperature
criteria specified in part 4626.0385 by
using one or more of the following
methods based on the type of food
being cooled:
(1) placing the food in shallow pans;
(2) separating the food into smaller or
thinner
portions;
(3) using rapid cooling equipment;
(4) stirring the food in a container
placed in an ice water bath;
(5) using containers that facilitate heat
transfer;
(6) adding ice as an ingredient; or
(7) other effective methods.
B. When placed in cooling or cold
holding equipment,
food containers in which food is being
cooled shall be:
(1) arranged in the equipment to
provide maximum heat transfer
through the container walls; and
(2) loosely covered or uncovered if
protected from overhead contamination
as specified in part 4626.0300, item A,
subitem (2), during the cooling period
to facilitate heat transfer from the
surface of the food.
4626.0395 3-501.16 POTENTIALLY
HAZARDOUS FOOD; HOT AND
COLD HOLDING.*
Except during preparation, cooking, or
cooling, or when time is used as the
public health control as specified in part
4626.0410, potentially hazardous food
shall be maintained:
A. at 60 degrees C (140 degrees F) or
above, except that roasts cooked to a
temperature and for a time specified in
part 4626.0340, item B, may be held at
Chapter 3
Code Consensus Committee Proposed
4626.0390 3-501.15 COOLING METHODS.
A. Cooling shall be accomplished according to in
accordance with the time and temperature criteria
specified in part 4626.0385 by using one or more of
the following methods based on the type of food being
cooled:
(1) Placing the food in shallow pans;
(2) Separating the food into smaller or thinner
portions;
(3) Using rapid cooling equipment;
(4) Stirring the food in a container placed in an ice
water bath;
(5) Using containers that facilitate heat transfer;
(6) Adding ice as an ingredient; or
(7) Other effective methods.
B. When placed in cooling or cold holding equipment,
food containers in which food is being cooled shall be:
(1) Arranged in the equipment to provide maximum
heat transfer through the container walls; and
(2) Loosely covered, or uncovered if protected from
overhead contamination as specified in part
4626.0300, item A, subitem (2), during the cooling
period to facilitate heat transfer from the surface of the
food.
4626.0395 3-501.16 POTENTIALLY HAZARDOUS
FOOD (TIME/TEMPERATURE CONTROL FOR
SAFETY FOOD); HOT AND COLD HOLDING.*
A. Except during preparation, cooking, or cooling, or
when time is used as the public health control as
specified in part 4626.0410, and except as specified
under item (B) and in (C) of this section, potentially
hazardous food (Time/Temperature Control for Safety
Food) shall be maintained:
A. at 60 degrees C (140 degrees F) or above, except
that roasts cooked to a temperature and for a time
specified in part 4626.0340, item B, may be held at a
88
Chapter 3
MN Current Code
Code Consensus Committee Proposed
a temperature of 54 degrees C (130
temperature of 54 degrees C (130 degrees F); or
degrees F); or
(1) at 57ºC (135ºF) or above, except that roasts
B. at 5 degrees C (41 degrees F) or
cooked to a temperature and for a time specified in
below under mechanical refrigeration,
part 4626.0340(B) or reheated as specified in part
except as specified in part 4626.0405,
4626.0360(E) may be held at a temperature of 54ºC
item B.
(130ºF) or above, or 5ºC (41ºF) or less; or
(2) B. at 5ºC (41ºF) or below under mechanical
refrigeration, except as specified in part 4626.0405,
item B.
B. Eggs that have not been treated to destroy all viable
Salmonellae shall be stored in refrigerated equipment
that maintains an ambient air temperature of 7°C
(45°F) or less.
C. Potentially hazardous food (time/temperature
control for safety food) in a homogenous liquid form
may be maintained outside of the temperature control
requirements, as specified under item (A) of this
section, while contained within specially designed
equipment that complies with the design and
construction requirements as specified in part
4626.0575 (E).
4626.0400 3-501.17 READY-TO-EAT, 4626.0400 3-501.17 READY-TO-EAT,
POTENTIALLY HAZARDOUS
POTENTIALLY HAZARDOUS FOOD
FOOD; DATE MARKING.*
(TIME/TEMPERATURE CONTROL FOR SAFETY
A. Except as specified in item E,
FOOD) DATE MARKING.*
refrigerated, ready-to-eat potentially
A. Except as specified in item E, when packaging
hazardous food prepared and held
food using a reduced oxygen packaging method as
refrigerated for more than 24 hours in a specified in part 4626.0420, and except as specified in
food establishment shall be marked
items (D) and (E) of this section, refrigerated, readywith the date of preparation to indicate
to-eat, potentially hazardous food (Time/Temperature
the date by which the food shall be
Control For Safety Food) prepared and held
consumed, which is seven calendar days refrigerated for more than 24 hours in a food
or less from the day of preparation,
establishment for more than 24 hours shall be clearly
including the day of preparation, if the
marked with the date of preparation to indicate the
food is maintained at 5 degrees C (41
date or day by which the food shall be consumed on
degrees F) or less.
the premises, sold, or discarded when held at a
B. Except as specified in item E, a
temperature of 5°C (41°F) or less for a maximum of
ready-to-eat,
which is seven calendar days or less from the day of
potentially hazardous food prepared in a preparation, including the day of preparation, if the
food establishment and subsequently
food is maintained at 5 degrees C (41 degrees F) or
frozen shall be clearly marked:
less.
(1) when the food is thawed, to indicate B. Except as specified in items E (D) - (F) of this
that the food shall be consumed within
section, refrigerated, a ready-to-eat, potentially
24 hours; or
hazardous food (Time/Temperature Control for Safety
89
Chapter 3
MN Current Code
Code Consensus Committee Proposed
(2) at both of the following times:
Food) prepared in a food establishment and
(a) when the food is placed into the
subsequently frozen and packaged by a food
freezer, to indicate the length of time
processing plant shall be clearly marked:
before freezing that the food is held
(1) when the food is thawed, to indicate that the food
refrigerated, which is limited to seven
shall be consumed within 24 hours; or
calendar days or less from the day of
(2) at both of the following times:
preparation, including the day of
(a) when the food is placed into the freezer, to indicate
preparation, if the food is maintained at the length of time before freezing that the food is held
5 degrees C (41 degrees F) or less; and
refrigerated, which is limited to seven calendar days
(b) when the food is removed from the
or less from the day of preparation, including the day
freezer, to indicate the date by which
of preparation, if the food is maintained at 5 degrees C
the food shall be consumed, which is
(41 degrees F) or less; and
seven calendar days or less after the
(b) when the food is removed from the
food is removed from the freezer, minus freezer, to indicate the date by which the food shall be
the time before freezing that the food is consumed, which is seven calendar days or less after
held refrigerated if the food is
the food is removed from the freezer, minus the time
maintained at 5 degrees C (41 degrees
before freezing that the food is held refrigerated if the
F) or less before and after freezing.
food is maintained at 5 degrees C (41 degrees F) or
C. Except as specified in items E and
less before and after freezing. , at the time the original
F, a container of refrigerated, ready-to- container is opened in a food establishment and if the
eat potentially hazardous food prepared food is held for more than 24 hours, to indicate the
and packaged by a food processing
date or day by which the food shall be consumed on
plant shall be clearly marked at the time the premises, sold, or discarded, for a maximum of
the original container is opened in a
seven days if the food is maintained at 5°C (41°F) or
food establishment to indicate the date
less, and:
by which the food shall be consumed,
(1) The day the original container is opened in the
which is seven calendar days or less
food establishment shall be counted as Day 1; and
after the original container is opened
(2) The day or date marked by the food
including the day the original container establishment may not exceed a manufacturer’s useis opened, if the food is maintained at 5 by date if the manufacturer determined the use-by date
degrees C (41 degrees F) or less.
based on food safety.
D. Except as specified in items E and
C. Except as specified in items E and F, a container of
F, a container of refrigerated, ready-to- A refrigerated, ready-to-eat, potentially hazardous
eat, potentially hazardous food prepared food (Time/Temperature Control for Safety Food)
and packaged by a food processing
prepared and packaged by a food processing plant and
plant and subsequently opened and
subsequently opened and frozen in a food
frozen in a food establishment shall be
establishment shall be clearly marked:
clearly marked:
(1) when the food is thawed, to indicate that the food
(1) when the food is thawed, to indicate shall be consumed within 24 hours; or
that the food shall be consumed within
(2) at both of the following times:
24 hours; or
(a) to indicate the time between the opening of the
(2) at both of the following times:
original container and freezing that the food is held
(a) to indicate the time between the
refrigerated, which is limited to seven calendar days
opening of the original container and
or less after opening the original container, including
90
MN Current Code
freezing that the food is held
refrigerated, which is limited to seven
calendar days or less after opening the
original container, including the day the
original container is opened, if the food
is maintained at 5 degrees C (41
degrees F) or less; and
(b) when the food is removed from the
freezer, to indicate the date by which
the food shall be consumed, which is
seven calendar days, minus the time
before freezing that the food is held
refrigerated if the food is maintained at
5 degrees C (41 degrees F) or less
before and after freezing.
E. Items A to D do not apply to
individual meal portions served or
repackaged for sale from a bulk
container upon a consumer's request.
F. Items C and D do not apply to
whole, unsliced portions of a cured and
processed product with the original
casing maintained on the remaining
portion, including bologna, salami, or
other sausage in a cellulose casing.
Chapter 3
Code Consensus Committee Proposed
the day the original container is opened, if the food is
maintained at 5 degrees C (41 degrees F) or less; and
(b) when the food is removed from the freezer, to
indicate the date by which the food shall be
consumed, which is seven calendar days, minus the
time before freezing that the food is held refrigerated
if the food is maintained at 5 degrees C (41 degrees F)
or less before and after freezing.
E. Items A to D do not apply to individual meal
portions served or repackaged for sale from a bulk
container upon a consumer's request.
F. Items C and D do not apply to whole, unsliced
portions of a cured and processed product with the
original casing maintained on the remaining portion,
including bologna, salami, or other sausage in a
cellulose casing. ingredient or a portion of a
refrigerated, ready-to-eat, potentially hazardous food
(Time/Temperature Control for Safety Food) that is
subsequently combined with additional ingredients or
portions of food shall retain the date marking of the
earliest-prepared or first prepared ingredient.
(D) A date marking system that meets the criteria
stated in items (A) and (B) of this section may
include:
(1) Using a method approved by the regulatory
authority for refrigerated, ready-to-eat potentially
hazardous food (Time/Temperature Control For
Safety Food) that is frequently rewrapped, such as
lunchmeat or a roast, or for which date marking is
impractical, such as soft serve mix or milk in a
dispensing machine;
(2) Marking the date or day of preparation, with a
procedure to discard the food or on before the last date
or day by which the food must be consumed on the
premises, sold, or discarded as specified under item
(A) of this section;
(3) Marking the date or day the original container is
opened in a food establishment, with a procedure to
discard the food on or before the last date or day by
which the food must be consumed on the premises,
sold, or discarded as specified under item (B) of this
section; or
(4) Using calendar dates, days of the week, colorcoded marks, or other effective marking methods,
91
MN Current Code
4626.0405 3-501.18 READY-TO-EAT,
POTENTIALLY HAZARDOUS
FOOD; DISPOSITION.*
A. A food specified in part 4626.0400,
item A, shall be discarded if not
consumed within seven calendar days
Chapter 3
Code Consensus Committee Proposed
provided that the marking system is disclosed to the
regulatory authority upon request.
(E) Paragraphs (A) and (B) of this section do not
apply to individual meal portions served or
repackaged for sale from a bulk container upon a
consumer’s request.
(F) Paragraph (B) of this section does not apply to the
following foods prepared and packaged by a food
processing plant inspected by a regulatory authority:
(1) Deli salads, such as ham salad, seafood salad,
chicken salad, egg salad, pasta salad, potato salad, and
macaroni salad, manufactured in accordance with 21
CFR 110 Current good manufacturing practice in
manufacturing, packing, or holding human food;
(2) Hard cheeses containing not more than 39%
moisture as defined in 21 CFR 133 Cheeses and
related cheese products, such as cheddar, gruyere,
parmesan and reggiano, and romano;
(3) Semi-soft cheeses containing more than 39%
moisture, but not more than 50% moisture, as defined
in 21 CFR 133 Cheeses and related cheese products,
such as blue, edam, gorgonzola, gouda, and monterey
jack;
(4) Cultured dairy products as defined in 21 CFR
131 Milk and cream, such as yogurt, sour cream, and
buttermilk;
(5) Preserved fish products, such as pickled herring
and dried or salted cod, and other acidified fish
products defined in 21 CFR 114 Acidified foods;
(6) Shelf stable, dry fermented sausages, such as
pepperoni and Genoa salami that are not labeled
"Keep Refrigerated" as specified in 9 CFR 317
Labeling, marking devices, and containers, and which
retain the original casing on the product; and
(7) Shelf stable salt-cured products such as
prosciutto and Parma (ham) that are not labeled "Keep
Refrigerated" as specified in 9 CFR 317 Labeling,
marking devices, and containers.
4626.0405 3-501.18 READY-TO-EAT,
POTENTIALLY HAZARDOUS FOOD
(TIME/TEMPERATURE CONTROL FOR SAFETY
FOOD) DISPOSITION.*
A. A food specified in part 4626.0400, item (A) or (B)
shall be discarded if not consumed within seven
92
MN Current Code
from the date of preparation, provided
the food is maintained at 5 degrees C
(41 degrees F) or less, except for those
food products that are prepared in a
food package or container that is sealed,
moisture impermeable, and previously
unopened before preparation or
handling.
B. A food specified in part 4626.0400,
item B,
subitem (1) or D, subitem (1), shall be
discarded if not consumed within 24
hours after thawing.
C. A food specified in part 4626.0400,
item B,
subitems (2) and (3) or D, subitems (2)
and (3), shall be discarded on or before
the most recent date marked on the food
container or package if the food is not
consumed by that date.
D. A food specified in part 4626.0400,
item C, shall be discarded if not
consumed within seven calendar days
after the date that the original container
is opened, including the day the original
container is opened, if the food is
maintained at 5 degrees C (41 degrees
F) or less.
E. A food specified in part 4626.0400,
item A, B, C, or D, shall be discarded if
the food is:
(1) marked with the date specified in
part 4626.0400, item A, B, C, or D, and
the food is not consumed before the
most recent date expires;
(2) in a container or package that does
not bear a date or time; or
(3) inappropriately marked with a date
or time that exceeds the date or time
specified in part 4626.0400, item A, B,
C, or D.
Chapter 3
Code Consensus Committee Proposed
calendar days from the date of preparation, provided
the food is maintained at 5 degrees C (41 degrees F)
or less, except for those food products that are
prepared in a food package or container that is sealed,
moisture impermeable, and previously unopened
before preparation or handling.
B. A food specified in part 4626.0400, item B,
subitem (1) or D, subitem (1), shall be discarded if not
consumed within 24 hours after thawing.
C. A food specified in part 4626.0400, item B,
subitems (2) and (3) or D, subitems (2) and (3), shall
be discarded on or before the most recent date marked
on the food container or package if the food is not
consumed by that date.
D. A food specified in part 4626.0400, item C, shall
be discarded if not consumed within seven calendar
days after the date that the original container is
opened, including the day the original container is
opened, if the food is maintained at 5 degrees C (41
degrees F) or less.
E. A food specified in part 4626.0400, item A, B, C,
or D, shall be discarded if the food is:
(1) marked with the date specified in part 4626.0400,
item A, B, C, or D, and the food is not consumed
before the most recent date expires;
(2) in a container or package that does not bear a date
or time; or
(3) inappropriately marked with a date or time that
exceeds the date or time specified in part 4626.0400,
item A, B, C, or D. it:
(1) Exceeds the temperature and time combination
specified in part 4626.0400(A), except time that the
product is frozen;
(2) Is in a container or package that does not bear a
date or day; or
(3) Is appropriately marked with a date or day that
exceeds the temperature and time combination as
specified in part 4626.0400(A).
(B) Refrigerated, ready-to-eat, potentially hazardous
food (Time/Temperature Control For Safety Food)
prepared in a food establishment and dispensed
through a vending machine with an automatic shutoff
control shall be discarded if it exceeds the temperature
and time combination as specified in part
93
Chapter 3
MN Current Code
Code Consensus Committee Proposed
4626.0400(A).
4626.0410 3-501.19 TIME AS PUBLIC 4626.0410 3-501.19 TIME AS PUBLIC HEALTH
HEALTH CONTROL.*
CONTROL.*
Subpart 1. Requirements. Time only,
Subpart 1. Requirements. A. Except as specified
rather than time in conjunction with
under item (D) of this section, if time only, rather than
temperature, may be used as the public
time in conjunction with temperature, may be is used
health control for a working supply of
as the public health control for a working supply of
potentially hazardous food before
potentially hazardous food (Time/Temperature
cooking, or for ready-to-eat potentially Control for Safety Food) before cooking, or for readyhazardous food that is displayed or held to-eat potentially hazardous food (Time/Temperature
for service for immediate consumption, Control for Safety Food) that is displayed or held for
if:
service for immediate consumption, if:
A. the food is marked or otherwise
A. the food is marked or otherwise identified with the
identified with the time within which it time within which it shall be cooked, served, or
shall be cooked, served, or discarded;
discarded;
B. when the food that is provided for
B. when the food that is provided for service and
service and consumption is removed
consumption is removed from temperature control, the
from temperature control, the food:
food:
(1) is served or discarded within four
(1) is served or discarded within four hours; and
hours; and
(2) is not removed from time control and returned for
(2) is not removed from time control
use at a later time;
and returned for use at a later time;
C. food in unmarked containers or packages, or for
C. food in unmarked containers or
which the time expires, is discarded; and
packages, or for which the time
D. written procedures are maintained in the food
expires, is discarded; and
establishment and made available to the regulatory
D. written procedures are maintained in authority upon request, to ensure compliance with:
the food establishment and made
(1) items A to C; and
available to the regulatory authority
(2) part 4626.0385 for food that is prepared, cooked,
upon request, to ensure compliance
and refrigerated before time is used as a pubic health
with:
control.
(1) items A to C; and
Subp. 2. Notification. The food establishment must
(2) part 4626.0385 for food that is
submit written notification to the regulatory authority
prepared, cooked, and refrigerated
of its intention to use the procedures provided under
before time is used as a pubic health
this part prior to implementing the provisions of this
control.
part.
Subp. 2. Notification. The food
(1) Written procedures shall be prepared in advance,
establishment must submit written
maintained in the food establishment and made
notification to the regulatory authority
available to the regulatory authority upon request that
of its intention to use the procedures
specify:
provided under this part prior to
(a) Methods of compliance with Subparagraphs
implementing the provisions of this
(B)(1)-(3) or (C)(1)-(5) of this section; and
part.
(b) Methods of compliance with part 4626.0385 for
food that is prepared, cooked, and refrigerated before
time is used as a public health control.
94
MN Current Code
Chapter 3
Code Consensus Committee Proposed
B. If time only, rather than time in conjunction with
temperature control, up to a maximum of four hours,
is used as the public health control:
(1) The food shall have an initial temperature of 5ºC
(41ºF) or less if removed from cold holding
temperature control, or 57°C (135°F) or greater if
removed from hot holding temperature control;
(2) The food shall be marked or otherwise identified
to indicate the time that is four hours past the point in
time when the food is removed from temperature
control;
(3) The food shall be cooked and served, served at
any temperature if ready-to-eat, or discarded, within
four hours from the point in time when the food is
removed from temperature control; and
(4) The food in unmarked containers or packages, or
marked to exceed a four-hour limit shall be discarded.
C. If time only, rather than time in conjunction with
temperature control, up to a maximum of six hours, is
used as the public health control:
(1) The food shall have an initial temperature of 5ºC
(41ºF) or less when removed from temperature
control and the food temperature may not exceed 21ºC
(70ºF) within a maximum time period of six hours;
(2) The food shall be monitored to ensure the
warmest portion of the food does not exceed 21ºC
(70ºF) during the six-hour period, unless an ambient
air temperature is maintained that ensures the food
does not exceed 21ºC (70ºF) during the six-hour
holding period;
(3) The food shall be marked or otherwise identified
to indicate:
(a) The time when the food is removed from 5ºC
(41ºF) or less cold holding temperature control, and
(b) The time that is six hours past the point in time
when the food is removed from cold holding
temperature control;
(4) The food shall be:
(a) Discarded if the temperature of the food exceeds
21°C (70°F), or
(b) Cooked and served, served at any temperature if
ready-to-eat, or discarded within a maximum of six
hours from the point in time when the food is removed
from 5ºC (41ºF) or less cold holding temperature
95
MN Current Code
4626.0415 3-502.11 SPECIALIZED
PROCESSING HACCP
REQUIREMENTS.*
A HACCP plan shall be prepared by a
food establishment before:
A. smoking or curing food, except for
smoking done for the purpose of
imparting flavor only and not as a part
of the cooking process;
B. using food additives or adding
components, including vinegar, to:
(1) preserve food rather than to enhance
flavor; or
(2) render a food so that it is not
potentially hazardous; or
C. using a reduced oxygen method of
packaging food.
Chapter 3
Code Consensus Committee Proposed
control; and
(5) The food in unmarked containers or packages, or
marked with a time that exceeds the six-hour limit
shall be discarded.
D. A food establishment that serves a highly
susceptible population may not use time as specified
under items (A), (B), or (C) of this section as the
public health control for raw eggs.
4626.0415 3-502.11 SPECIALIZED PROCESSING
HACCP REQUIREMENTS.*
A HACCP plan shall be prepared, as specified in
4626.1730 and 4626.1735, by a food establishment
before:
A. smoking food as a method of food preservation
rather than as a method of or curing food, except for
smoking done for the purpose of imparting flavor
enhancement only and not as a part of the cooking
process;
B. curing Food
C. using food additives or adding components,
including such as vinegar, to:
(1) as a method of food preservation preserve food
rather than as a method of to enhance flavor
enhancement; or
(2) to render a food so that it is not potentially
hazardous (time/temperature control for safety food);
or
C. using a reduced oxygen method of packaging food.
D. Packaging food using a reduced oxygen packaging
method except as specified under part 4626.0420
where a barrier to Clostridium botulinum in addition
to mechanical refrigeration exists;
E. Operating a Molluscan shellfish life-support system
display tank used to store and display shellfish that are
offered for human consumption;
F. Custom processing animals that are for personal use
as food and not for sale or service in a food
establishment and not under USDA or “state equal to”
inspections;
G. Preparing food by another method that is
determined by the regulatory authority to require a
variance; or
H. Sprouting seeds or beans.
96
Chapter 3
MN Current Code
Code Consensus Committee Proposed
4626.0420 3-502.12 REDUCED
4626.0420 3-502.12 REDUCED OXYGEN
OXYGEN PACKAGING;
PACKAGING; CRITERIA.*
CRITERIA.*
A. Except for a food establishment that obtains a
A. A food establishment that packages variance as specified under part 4626.0415 and except
potentially hazardous food using a
as specified under items (C) and (E) and as specified
reduced oxygen packaging method shall in item (D) of this section, a food establishment that
have a HACCP plan that contains the
packages potentially hazardous food
information specified in part 4626.1735, (Time/Temperature Control for Safety Food) using a
item A, subitem (4).
reduced oxygen packaging method shall ensure that
B. A HACCP plan under item A shall: there are at least two barriers in place to control the
(1) identify the food to be packaged;
growth and toxin formation of Clostridium botulinum
(2) limit the food packaged to a food
and the growth of Listeria monocytogenes.
that does not support the growth of
B. A food establishment that packages potentially
Clostridium botulinum because the
hazardous food (Time/Temperature Control for Safety
food:
Food) using a reduced oxygen packaging method shall
(a) has an aw of 0.91 or less;
have a HACCP plan that contains the information
(b) has a pH of 4.6 or less;
specified in part 4626.1735, item A, subitem (4) (D)
(c) is a food with a high level of
and that:
competing organisms, including raw
(1) Identify Identifies the food to be packaged;
meat, raw poultry, or a naturally
(2) limit the food packaged to a food that does not
cultured standardized cheese; or
support the growth of Clostridium botulinum because
(d) is a meat or poultry product:
the food Except as specified under items (C) and (E)
i. cured at a food processing plant
and as specified in item (D) of this section, requires
regulated by the United States
that the packaged food shall be maintained at 5°C
Department of Agriculture and received (41°F) or less and meet at least one of the following
at the food establishment in an intact
criteria:
package; or
(a) Has an AW of 0.91 or less,
ii. cured using substances specified in
(b) Has a PH of 4.6 or less,
Code of Federal Regulations, title 9,
(c) Is a meat or poultry product cured at a food
sections 318.7 and 381.147;
processing plant regulated by the USDA using
(3) specify how the food will be
substances specified in 9 CFR 424.21, Use of food
maintained at 5 degrees C (41 degrees
ingredients and sources of radiation, and is received in
F) or below;
an intact package, or
(4) describe how the packages will be
(d) Is a food with a high level of competing
prominently and conspicuously labeled organisms including such as raw meat or raw poultry;
on the principal display panel in bold
, or a naturally cultured standardized cheese; or
type on a contrasting background, with (d) is a meat or poultry product:
instructions to:
i. cured at a food processing plant regulated by the
(a) keep refrigerated or frozen; and
United States Department of Agriculture and received
(b) discard the food if within 14
at the food establishment in an intact package; or
calendar days of its packaging it is not
ii. cured using substances specified in Code of
served for on-premises consumption, or Federal Regulations, title 9, sections 318.7 and
consumed if served or sold for off381.147;
premises consumption unless a
(3) specify how the food will be maintained at 5
97
MN Current Code
variance, including a HACCP plan, has
been granted by the regulatory authority
under parts 4626.1690 to 4626.1715;
(5) limit the shelf life to no more than
14 calendar days from packaging to
consumption or the original
manufacturer's "sell by" or "use by"
date, whichever occurs first, unless a
variance, including a HACCP plan, has
been granted under parts 4626.1690 to
4626.1715;
(6) include operational procedures that:
(a) comply with part 4626.0225 relating
to contamination from hands;
(b) identify a designated area and the
method by which:
i. physical barriers or methods of
separation of raw foods and ready-toeat foods minimize cross
contamination; and
ii. access to the processing equipment
is restricted to responsible trained
personnel familiar with the potential
hazards of the operation; and
(c) delineate cleaning and sanitization
procedures for food-contact surfaces;
and
(7) describe the training program that
ensures that the individual responsible
for the reduced oxygen packaging
operation understands the:
(a) concepts required for a safe
operation;
(b) equipment and facilities; and
(c) procedures specified in subitem (6)
and part 4626.1735, item A, subitem
(3).
C. Except for fish that is frozen before,
during, and after packaging, a food
establishment shall not package fish
using a reduced oxygen packaging
method.
D. If a variance from item B, subitem
(2), is requested according to parts
Chapter 3
Code Consensus Committee Proposed
degrees C (41 degrees F) or below; (4) Describes how
the packages will shall be prominently and
conspicuously labeled on the principal display panel
in bold type on a contrasting background, with
instructions to:
(a) keep refrigerated or frozen; Maintain the food
at 5°C (41°F) or below, and
(b) Discard the food if within 14 calendar days of
its packaging it is not served for on-premises
consumption, or consumed if served or sold for offpremises consumption unless a variance, including a
HACCP plan, has been granted by the regulatory
authority under parts 4626.1690 to 4626.1715;
(5) (4) Limits the refrigerated shelf life to no more
than 14 calendar days from packaging to
consumption, except the time the product is
maintained frozen, or the original manufacturer’s “sell
by” or “use by” date, whichever occurs first unless a
variance, including a HACCP plan, has been granted
under parts 4626.1690 to 4626.1715;
(6) (5) Includes operational procedures that:
(a) comply with part 4626.0225 relating to
contamination from hands; Prohibit contacting food
with bare hands,
(b) Identify a designated work area and the method
by which:
(i) Physical barriers or methods of separation of
raw foods and ready-to-eat foods minimize cross
contamination, and
(ii) Access to the processing equipment is
restricted limited to responsible trained personnel
familiar with the potential hazards of the operation,
and
(c) Delineate cleaning and sanitization procedures
for food-contact surfaces; and
(7) (6) Describes the training program that ensures
that the individual responsible for the reduced oxygen
packaging operation understands the:
(a) Concepts required for a safe operation,
(b) Equipment and facilities, and
(c) Procedures specified in subitem (6) and part
4626.1735, item A, subitem (3) under Subparagraph
(B)(5) of this section and 4626.1735(D).
C. Except for fish that is frozen before, during, and
98
MN Current Code
4626.1690 to 4626.1715, the variance
request shall include a HACCP plan.
Chapter 3
Code Consensus Committee Proposed
after packaging, a food establishment shall may not
package fish using a reduced oxygen packaging
method.
D. If a variance from item B, subitem (2), is requested
according to parts 4626.1690 to 4626.1715, the
variance request shall include a HACCP plan. Except
as specified under item (C) of this section, a food
establishment may package food using a cook-chill or
sous vide process without obtaining a variance if:
(1) The food establishment implements a HACCP
plan that contains the information as specified under
part 4626.1735(D);
(2) The food is:
(a) Prepared and consumed on the premises, or
prepared and consumed off the premises but within
the same business entity with no distribution or sale of
the bagged product to another business entity or the
consumer,
(b) Cooked to heat all parts of the food to a
temperature and for a time as specified under part
4626.0340,
(c) Protected from contamination after cooking as
specified under Part 3-4,
(d) Placed in a package or bag with an oxygen
barrier and sealed before cooking, or placed in a
package or bag and sealed immediately after cooking,
and before reaching a temperature below 57°C
(135°F),
(e) Cooled to 5°C (41°F) in the sealed package or
bag as specified under part 4626.0385 and
subsequently:
(i) Cooled to 1°C (34°F) within 48 hours of
reaching 5°C (41°F) and held at that temperature until
consumed or discarded within 30 days after the date of
preparation;
(ii) Cooled to 1°C (34°F) within 48 hours of
reaching 5°C (41°F), removed from refrigeration
equipment that maintains a 1°C (34°F) food
temperature and then held at 5°C (41°F) or less for no
more than 72 hours, at which time the food must be
consumed or discarded;
(iii) Cooled to 3°C (38°F) or less within 24
hours of reaching 5°C (41°F), and held there for no
more than 72 hours from packaging, at which time the
99
MN Current Code
Chapter 3
Code Consensus Committee Proposed
food must be consumed or discarded; or
(iv) Held frozen with no shelf life restriction
while frozen until consumed or used.
(f) Held in a mechanical refrigeration unit that is
equipped with an electronic system that continuously
monitors time and temperature and is visually
examined for proper operation twice daily,
(g) If transported off-site to a satellite location of
the same business entity, equipped with verifiable
electronic monitoring devices to ensure that times and
temperatures are monitored during transportation, and
(h) Labeled with the product name and the date
packaged; and
(3) The records required to confirm that cooling and
cold holding refrigeration time/temperature
parameters are required as part of the HACCP plan,
are maintained and are:
(a) Made available to the regulatory authority upon
request, and
(b) Held for six months; and
(4) Written operational procedures as specified
under Subparagraph (B)(5) of this section and a
training program as specified under Subparagraph
(B)(6) of this section are implemented.
E. A food establishment may package cheese using a
reduced oxygen packaging method without obtaining
a variance if it:
(1) Limits the cheeses packaged to those that are
commercially manufactured in a food processing plant
with no ingredients added in the food establishment
and that meet the Standards of Identity as specified in
21 CFR 133.150 Hard cheeses, 21 CFR 133.169
Pasteurized process cheese or 21 CFR 133.187
Semisoft cheeses;
(2) Has a HACCP plan that contains the information
specified under item 4626.1735(D);
(3) Except as specified under Subparagraphs (B)(2),
(B)(3)(b), and (B)(4), complies with item (B) of this
section;
(4) Labels the package on the principal display panel
with a “use by” date that does not exceed 30 days or
the original manufacturer’s “sell by” or “use by” date,
whichever occurs first; and
(5) Discards the reduced oxygen packaged cheese if
100
MN Current Code
4626.0425 3-601.11 STANDARDS OF
IDENTITY.
When a standard of identity exists, food
shall comply with the standard of
identity specified in chapters 1520,
1525, 1530, 1535, 1540, 1545, 1550,
and 1555; Minnesota Statutes, chapters
29, 30, 31, 31A, 32, and 34; and Code
of Federal Regulations, titles 7, 9, 21,
and 50. Where the federal authority
duplicates the state, the federal standard
preempts the state standard.
4626.0430 3-601.12 HONESTLY
PRESENTED.
A. Food shall be offered for human
consumption in a way that does not
mislead or misinform the consumer.
B. Food or color additives, colored
overwraps, or lights shall not be used to
misrepresent the true appearance, color,
or quality of food.
4626.0435 3-602.11 FOOD LABELS.
Packaged food for sale in a food
establishment shall be labeled according
to:
A. United States Code, title 15,
sections 1451 to 1461;
B. United States Code, title 21, sections
321, 331 to 334, 335b, 337, 341 to 3431, 345, 346a, 350a, 371 to 374, 376,
379e, and 381;
C. Code of Federal Regulations, title
21, parts 1 to 1270;
D. Code of Federal Regulations, title 9,
parts 301 to 391;
E. Code of Federal Regulations, title 7,
parts 51,
52, 56, and 59;
F. Code of Federal Regulations, title
50, parts 260
Chapter 3
Code Consensus Committee Proposed
it is not sold for off-premises consumption or
consumed within 30 calendar days of its packaging.
4626.0425 3-601.11 STANDARDS OF IDENTITY.
When a Packaged food shall comply with standard of
identity exists, food shall comply with the standard of
identity specified in chapters 1520, 1525, 1530, 1535,
1540, 1545, 1550, and 1555; Minnesota Statutes,
chapters 29, 30, 31, 31A, 32, and 34; and Code of
Federal Regulations, titles 7, 9, 21, and 50. Where the
federal authority duplicates the state, the federal
standard preempts the state standard requirements in
21 CFR 131-169 and 9 CFR 319 Definitions and
standards of identity or composition, and the general
requirements in 21 CFR 130 – Food Standards:
General and 9 CFR 319 Subpart A – General, and in
State Law.
4626.0430 3-601.12 HONESTLY PRESENTED.
A. Food shall be offered for human consumption in a
way that does not mislead or misinform the consumer.
(B) Food or color additives, colored overwraps, or
lights shall may not be used to misrepresent the true
appearance, color, or quality of a food.
4626.0435 3-602.11 FOOD LABELS.
A. Packaged Food for sale packaged in a food
establishment, shall be labeled according to:
A. United States Code, title 15, sections 1451 to
1461;
B. United States Code, title 21, sections 321, 331 to
334, 335b, 337, 341 to 343-1, 345, 346a, 350a, 371 to
374, 376, 379e, and 381;
C. Code of Federal Regulations, title 21, parts 1 to
1270;
D. Code of Federal Regulations, title 9, parts 301 to
391;
E. Code of Federal Regulations, title 7, parts 51, 52,
56, and 59;
F. Code of Federal Regulations, title 50, parts 260 to
285;
G. Minnesota Statutes, chapters 29, 30, 31, 31A, 32,
33, and 34; and
H. chapters 1520, 1525, 1530, 1535, 1540, 1545,
101
MN Current Code
to 285;
G. Minnesota Statutes, chapters 29, 30,
31, 31A, 32, 33, and 34; and
H. chapters 1520, 1525, 1530, 1535,
1540, 1545, 1550, and 1555.
Chapter 3
Code Consensus Committee Proposed
1550, and 1555. as specified in law, including 21
CFR 101 - Food labeling, and 9 CFR 317 Labeling,
marking devices, and containers.
(B) Label information shall include:
(1) The common name of the food, or absent a
common name, an adequately descriptive identity
statement;
(2) If made from two or more ingredients, a list of
ingredients in descending order of predominance by
weight, including a declaration of artificial color or
flavor and chemical preservatives, if contained in the
food;
(3) An accurate declaration of the quantity of
contents;
(4) The name and place of business of the
manufacturer, packer, or distributor; and
(5) The name of the food source for each major food
allergen contained in the food unless the food source
is already part of the common or usual name of the
respective ingredient (Effective January 1, 2006).
(6) Except as exempted in the Federal Food, Drug,
and Cosmetic Act § 403(Q)(3) - (5), nutrition labeling
as specified in 21 CFR 101 - Food Labeling and 9
CFR 317 Subpart B Nutrition Labeling.
(7) For any salmonid fish containing canthaxanthin
as a color additive, the labeling of the bulk fish
container, including a list of ingredients, displayed on
the retail container or by other written means, such as
a counter card, that discloses the use of canthaxanthin.
(C) Bulk food that is available for consumer selfdispensing shall be prominently labeled with the
following information in plain view of the consumer:
(1) The manufacturer's or processor's label that was
provided with the food; or
(2) A card, sign, or other method of notification that
includes the information specified under
Subparagraphs (B)(1), (2), and (5) of this section.
(D) Bulk, unpackaged foods such as bakery products
and unpackaged foods that are portioned to consumer
specification need not be labeled if:
(1) A health, nutrient content, or other claim is not
made;
(2) There are no state or local laws requiring
labeling; and
102
MN Current Code
4626.0440 3-602.12 OTHER FORMS
OF INFORMATION.
A. Consumer information, including
nutritional information, and consumer
warnings shall be provided if required
by United States Code, title 21, section
321, 331 to 334, 335b, 337, 341 to 3431, 345, 346a, 350a, 371 to 374, 376,
379e, or 381.
B. The food establishment's or
manufacturer's dating information on
foods shall not be concealed or altered
and shall be in compliance with parts
1550.1030 to 1550.1250.
C. Bulk food that is available for
consumer self-service shall be
prominently labeled as specified in
Minnesota Statutes, sections 31.80 to
31.875, and Code of Federal
Regulations, title 21, part 101, with the
following information in plain view of
the consumer:
(1) the manufacturer's or processor's
label that was provided with the food,
including nutritional labeling; or
(2) a card, sign, placard, or other
method of notification clearly
displayed at the point of purchase that
includes:
(a) the common or usual name of the
food;
(b) a list of ingredients in descending
order of predominance;
(c) a declaration of artificial color if
contained in the food, except that the
food colors certified under United
States Code, title 21, section 379e, and
their respective lakes, as the term "lake"
is defined in Code of Federal
Chapter 3
Code Consensus Committee Proposed
(3) The food is manufactured or prepared on the
premises of the food establishment or at another food
establishment or a food processing plant that is owned
by the same person and is regulated by the food
regulatory agency that has jurisdiction.
4626.0440 3-602.12 OTHER FORMS OF
INFORMATION.
A. Consumer information, including nutritional
information, and If required by law, consumer
warnings shall be provided if required by United
States Code, title 21, section 321, 331 to 334, 335b,
337, 341 to 343-1, 345, 346a, 350a, 371 to 374, 376,
379e, or 381.
B. The Food establishment’s or manufacturer’s' dating
information on foods may not be concealed or altered
and shall be in compliance with parts 1550.1030 to
1550.1250.
C. Bulk food that is available for consumer selfservice shall be prominently labeled as specified in
Minnesota Statutes, sections 31.80 to 31.875, and
Code of Federal Regulations, title 21, part 101, with
the following information in plain view of the
consumer:
(1) the manufacturer's or processor's label that was
provided with the food, including nutritional labeling;
or
(2) a card, sign, placard, or other method of
notification clearly displayed at the point of purchase
that includes:
(a) the common or usual name of the food;
(b) a list of ingredients in descending order of
predominance;
(c) a declaration of artificial color if contained in the
food, except that the food colors certified under
United States Code, title 21, section 379e, and their
respective lakes, as the term "lake" is defined in Code
of Federal Regulations, title 21, section 70.3, shall be
individually listed;
(d) a declaration of flavor and chemical preservatives
if contained in the food;
(e) for self-service beverage dispensers, conspicuous
labeling attached to the beverage dispenser declaring
the name of the beverage, artificial flavors, artificial
colors including the Federal Food, Drug, and
103
MN Current Code
Regulations, title 21, section 70.3, shall
be individually listed;
(d) a declaration of flavor and chemical
preservatives if contained in the food;
(e) for self-service beverage dispensers,
conspicuous labeling attached to the
beverage dispenser declaring the name
of the beverage, artificial flavors,
artificial colors including the Federal
Food, Drug, and Cosmetic Act Yellow
No. 5, the name and quantity of
preservatives, and, if labeled as fruitade
or drink, the ingredients in descending
order of predominance; and
(f) nutrition labeling if specified in
Code of Federal Regulations, title 21,
part 101.
D. Foods that meet the exemptions and
special labeling provision specified in
Code of Federal Regulations, title 21,
section 101.9, paragraph (j), are exempt
from nutritional labeling if no nutrient
content claim or health claim is made.
Chapter 3
Code Consensus Committee Proposed
Cosmetic Act Yellow No. 5, the name and quantity of
preservatives, and, if labeled as fruitade or drink, the
ingredients in descending order of predominance; and
(f) nutrition labeling if specified in Code of Federal
Regulations, title 21, part 101.
D. Foods that meet the exemptions and special
labeling provision specified in Code of Federal
Regulations, title 21, section 101.9, paragraph (j), are
exempt from nutritional labeling if no nutrient content
claim or health claim is made
3-603.11 CONSUMPTION OF ANIMAL FOODS
THAT ARE RAW, UNDERCOOKED, OR NOT
OTHERWISE PROCESSED TO ELIMINATE
PATHOGENS.*
(A) Except as specified in part 4626.0340(C) and
Subparagraph 4626.0340(D)(3) and under item 3801.11(D), if an animal food such as beef, eggs, fish,
lamb, milk, pork, poultry, or shellfish is
served or sold raw, undercooked, or without otherwise
being processed to eliminate pathogens, either in
ready-to-eat form or as an ingredient in another readyto-eat food, the license holder shall inform consumers
of the significantly increased
risk of consuming such foods by way of a disclosure
and reminder, as specified in items (B) and (C) of this
section using brochures, deli case or menu advisories,
label statements, table tents, placards, or other
effective written means.
(B) Disclosure shall include:
(1) A description of the animal-derived foods, such
as “oysters on the half shell (raw oysters),” “raw-egg
104
MN Current Code
Chapter 3
Code Consensus Committee Proposed
Caesar salad,” and “hamburgers (can be cooked to
order);” or
(2) Identification of the animal-derived foods by
asterisking them to a footnote that states that the items
are served raw or undercooked, or contain (or may
contain) raw or undercooked ingredients.
(C) Reminder shall include asterisking the animalderived foods requiring disclosure to a footnote that
states:
(1) Regarding the safety of these items, written
information is available upon request;
(2) Consuming raw or undercooked (meats, poultry,
seafood, shellfish, or eggs)* may increase your risk of
foodborne illness
(3) Consuming raw or undercooked (meats, poultry,
seafood, shellfish, or eggs)* may increase your risk of
foodborne illness, especially if you have certain
medical conditions.
* may be tailored to be menu specific
4626.0445 3-701.11 DISCARDING OR
RECONDITIONING
ADULTERATED OR MISBRANDED
FOOD.*
A. Food that is adulterated or
misbranded shall be reconditioned
according to Minnesota Statutes,
section 31.495, or discarded.
B. Food that is not from an approved
source specified in parts 4626.0130 to
4626.0160 shall be discarded.
C. Ready-to-eat food that may have
been adulterated by an employee who
has been restricted or excluded as
specified in part 4626.0045 shall be
discarded.
D. Food that is adulterated by food
employees, consumers, or other persons
through contact with hands, bodily
discharges, including nasal or oral
discharges, or any other means shall be
discarded.
4626.0445 3-701.11 DISCARDING OR
RECONDITIONING UNSAFE, ADULTERATED,
OR MISBRANDED CONTAMINATED FOOD.*
A. A food that is unsafe, adulterated or misbranded, or
not honestly presented as specified in part 4626.0125
Minnesota Statutes, section 31.495, shall be discarded
or reconditioned according to Minnesota Statutes,
section 31.495, or discarded an approved procedure.
B. Food that is not from an approved source as
specified in parts 4626.0130 to 4626.0160 shall be
discarded.
C. Ready-to-eat food that may have been adulterated
contaminated by an employee who has been restricted
or excluded as specified in part 4626.0045 shall be
discarded.
D. Food that is adulterated contaminated by food
employees, consumers, or other persons through
contact with their hands, bodily discharges, including
such as nasal or oral discharges, or other means shall
be discarded.
105
MN Current Code
Chapter 3
Code Consensus Committee Proposed
3-801.11 PASTEURIZED FOODS, PROHIBITED
RE-SERVICE, AND PROHIBITED FOOD*
In a food establishment that serves a highly
susceptible population:
A. The following criteria apply to juice:
(1) For the purposes of this paragraph only, children
who are age nine or less and receive food in a school,
day care setting, or similar facility that provides
custodial care are included as highly susceptible
populations;
(2) Prepackaged juice or a prepackaged beverage
containing juice, that bears a warning label as
specified in 21 CFR, 101.17(g) Food labeling,
warning, notice, and safe handling statements, juices
that have not been specifically processed to prevent,
reduce, or eliminate the presence of pathogens, or a
packaged juice or beverage containing juice, that
bears a warning label as specified under item 3404.11(B) may not be served or offered for sale; and
(3) Unpackaged juice that is prepared on the
premises for service or sale in a ready-to-eat form
shall be processed under a HACCP plan that contains
the information specified under items 4626.1735(B) (E) and as specified in 21 CFR Part 120 – Hazard
Analysis and Critical Control Point (HACCP)
Systems, Subpart B Pathogen Reduction, 120.24
Process controls.
B. Pasteurized eggs or egg products shall be
substituted for raw eggs in the preparation of:
(1) Foods such as Caesar salad, hollandaise or
Béarnaise sauce, mayonnaise, meringue, eggnog, ice
cream, and egg-fortified beverages, and
(2) Except as specified in item (F) of this section,
recipes in which more than one egg is broken and the
eggs are combined;
C. The following foods may not be served or offered
for sale in a ready-to-eat form:
(1) Raw animal foods such as raw fish, raw
marinated fish, raw Molluscan shellfish, and steak
tartare,
(2) A partially cooked animal food such as lightly
cooked fish, rare meat, soft-cooked eggs that are
made from raw eggs, and meringue; and
(3) Raw seed sprouts.
106
MN Current Code
Chapter 3
Code Consensus Committee Proposed
D. Food employees may not contact ready-to-eat food
as specified under part 4626.0225(B) and (D).
E. Time only, as the public health control as specified
under part 4626.0410(D), may not be used for raw
eggs.
F. Subparagraph (B)(2) of this section does not apply
if:
(1) The raw eggs are combined immediately before
cooking for one consumer’s serving at a single meal,
cooked as specified under Subparagraph
4626.0340(A)(1), and served immediately, such as an
omelet, soufflé, or scrambled eggs;
(2) The raw eggs are combined as an ingredient
immediately before baking and the eggs are
thoroughly cooked to a ready-to-eat form, such as a
cake, muffin, or bread; or
(3) The preparation of the food is conducted under a
HACCP plan that:
(a) Identifies the food to be prepared,
(b) Prohibits contacting ready-to-eat food with bare
hands,
(c) Includes specifications and practices that
ensure:
(i) Salmonella Enteritidis growth is controlled
before and after cooking, and
(ii) Salmonella Enteritidis is destroyed by
cooking the eggs according to the temperature and
time specified in Subparagraph 4626.0340(A)(2),
(d) Contains the information specified under
Item 4626.1735(D) including procedures that:
(i) Control cross contamination of ready-to
eat food with raw eggs, and
(ii) Delineate cleaning and sanitization
procedures for food-contact surfaces, and
(e) Describes the training program that ensures that
the food employee responsible for the preparation of
the food understands the procedures to be used.
G. Except as specified in paragraph (H) of this
section, food may be re-served as specified under
Subparagraph 4626.0335(B)(1) and (2).
H. Food may not be re-served under the following
conditions:
(1) Any food served to patients or clients who are
under contact precautions in medical isolation or
107
MN Current Code
Chapter 3
Code Consensus Committee Proposed
quarantine, or protective environment isolation may
not be re-served to others outside.
(2) Packages of food from any patients, clients, or
other consumers should not be re-served to persons in
protective environment isolation.
108
Chapter 4
MN Current Code
Code Consensus Committee Proposed
4626.0450 4-101.11 CHARACTERISTICS.*
4626.0450 4-101.11 CHARACTERISTICS.*
Materials that are used in the construction of
Materials that are used in the construction of
utensils and food-contact surfaces of
utensils and food-contact surfaces of
equipment shall not allow the migration of
equipment shall may not allow the migration of
deleterious substances or impart colors, odors, deleterious substances or impart colors, odors,
or tastes to food and under normal use
or tastes to food and under normal use
conditions shall be:
conditions shall must be:
A. safe;
(A) Safe;
B. durable, corrosion-resistant, and
(B) Durable, corrosion-resistant, and
nonabsorbent;N
nonabsorbent;N
C. sufficient in weight and thickness to
(C) Sufficient in weight and thickness to
withstand
withstand repeated warewashing;N
repeated warewashing;N
(D) Finished to have a smooth, easily cleanable
D. finished to have a smooth, easily cleanable surface;N and
surface;N and
(E) Resistant to pitting, chipping, crazing,
E. resistant to pitting, chipping, crazing,
scratching, scoring, distortion, and
scratching, scoring, distortion, and
decomposition.N
decomposition.N
4626.0455 4-101.12 CAST IRON; USE
4626.0455 4-101.12 CAST IRON; USE
LIMITATION.
LIMITATION.
A. Except as specified in items B and C, cast
A. Except as specified in items B and C of this
iron shall not be used for utensils or foodsection, cast iron shall may not be used for
contact surfaces of equipment.
utensils or food-contact surfaces of equipment.
B. Cast iron may be used as a surface for
B. Cast iron may be used as a surface for
cooking.
cooking.
C. Cast iron may be used in utensils for
C. Cast iron may be used in utensils for serving
serving food if the utensils are used only as
food if the utensils are used only as part of an
part of an uninterrupted process from cooking
uninterrupted process from cooking through
through service.
service.
4626.0460 4-101.13 CERAMIC, CHINA,
4626.0460 4-101.13 CERAMIC, CHINA,
AND CRYSTAL UTENSILS; USE
AND CRYSTAL UTENSILS LEAD; USE
LIMITATION.
LIMITATION.
Ceramic, china, crystal utensils, and decorative A. Ceramic, china, and crystal utensils, and
utensils, including hand-painted ceramic or
decorative utensils, including such as hand
china, that are used in contact with food shall
painted ceramic or china, that are used in
be lead-free or contain levels of lead not
contact with food shall be lead-free or contain
exceeding the limits of the following utensil
levels of lead not exceeding the limits of the
categories:
following utensil categories:
Utensil
Description
Category
Hot beverage Coffee mugs
mugs
Maximum
Lead mg/L
0.5
Utensil
Category
Ceramic
Article
Description
Hot Beverage Coffee mugs
109
Maximum
Lead mg/L
0.5
MN Current Code
Large
Bowls > 1.1
1
hollowware
liter (1.16
quart)
Small
Bowls < 1.1
2.0
hollowware
liter (1.16
quart)
Flat utensils Plates, saucers 3.0
Chapter 4
Code Consensus Committee Proposed
Mugs, Cups,
Pitchers
Large
Bowls ≥ 1.1
1
Hollowware
liter (1.16
(excluding
quart)
pitchers)
Small
Bowls < 1.1
2.0
Hollowware
liter (1.16
(excluding
quart)
cups &
mugs)
Flat
Plates, saucers 3.0
Tableware
utensils
4626.0465 4-101.14 COPPER; USE
LIMITATION.*
A. Except as specified in item B, copper and
copper alloys, including brass, shall not be
used in contact with a food that has a pH
below six, including vinegar, fruit juice, or
wine, or for a fitting or tubing installed
between a backflow prevention device and a
carbonator.
B. Copper and copper alloys may be used in
contact with beer brewing ingredients that
have a pH below six in the prefermentation
and fermentation steps of a brewpub,
microbrewery, or other beer brewing
operation.
4626.0470 4-101.15 GALVANIZED METAL;
USE LIMITATION.*
Galvanized metal shall not be used for utensils
or food-contact surfaces of equipment that are
used for beverages, acidic food, moist food, or
hygroscopic food.
B. Pewter alloys containing lead in excess of
0.05% may not be used as a food-contact
surface.
C. Solder and flux containing lead in excess of
0.2% may not be used as a food-contact
surface.
4626.0465 4-101.14 COPPER; USE
LIMITATION.*
A. Except as specified in item B of this section,
copper and copper alloys, including such as
brass, shall may not be used in contact with a
food that has a pH below six, including such as
vinegar, fruit juice, or wine, or for a fitting or
tubing installed between a backflow prevention
device and a carbonator.
B. Copper and copper alloys may be used in
contact with beer brewing ingredients that have
a pH below six in the prefermentation and
fermentation steps of a brewpub,
microbrewery, or other beer brewing operation
beer brewing operation such as a brewpub or
microbrewery.
4626.0470 4-101.15 GALVANIZED METAL;
USE LIMITATION.*
Galvanized metal shall may not be used for
utensils or food contact surfaces of equipment
that are used in for beverages, acidic food,
moist food, or hygroscopic food contact with
acidic food.
110
Chapter 4
MN Current Code
Code Consensus Committee Proposed
4626.0475 4-101.16 SPONGES; USE
4626.0475 4-101.16 SPONGES; USE
LIMITATION.
LIMITATION.
Sponges shall not be used in contact with
Sponges shall may not be used in contact with
cleaned and sanitized or in-use food-contact
cleaned and sanitized or in-use food-contact
surfaces.
surfaces.
4626.0480 4-101.17 PEWTER; USE
4626.0480 4-101.17 PEWTER; USE
LIMITATION.
LIMITATION.
A. Pewter shall not be used as a fod-contact
A. Pewter shall not be used as a food-contact
surface.
surface.
B. Imitation pewter meeting the characteristics B. Imitation pewter meeting the characteristics
of multiuse utensils specified in part
of multiuse utensils specified in part 4626.0450
4626.0450 may be used as a food-contact
may be used as a food-contact surface.
surface.
STAT AUTH: MS s 31.101; 31.11; 144.05;
144.08; 144.12; 157.011
4626.0485 4-101.18 SOLDER AND FLUX;
4626.0485 4-101.18 SOLDER AND FLUX;
USE LIMITATION.
USE LIMITATION.
Solder and flux containing lead in excess of
Solder and flux containing lead in excess of 0.2
0.2 percent shall not be used on surfaces that
percent shall not be used on surfaces that
contact food.
contact food.
STAT AUTH: MS s 31.101; 31.11; 144.05;
144.08; 144.12; 157.011
4626.0490 4-101.19 WOOD; USE
4626.0490 4-101.1917WOOD; USE
LIMITATION.
LIMITATION.
A. Except as specified in items B to D, wood
A. Except as specified in items B to D of this
and wood wicker shall not be used as a foodsection, wood and wood wicker shall may not
contact surface.
be used as a food-contact surface.
B. Hard maple or an equivalently hard, close- B. Hard maple or an equivalently hard, closegrained wood may be used for:
grained wood may be used for:
(1) cutting boards, cutting blocks, bakers'
(1) Cutting boards; cutting blocks; bakers'
tables, rolling pins, doughnut dowels, salad
tables; and utensils such as rolling pins,
bowls, chopsticks, and other utensils; and
doughnut dowels, salad bowls, and chopsticks;
(2) wooden paddles used in confectionery
and other utensils; and
operations for pressure scraping kettles when
(2) Wooden paddles used in confectionery
manually preparing confections at a
operations for pressure scraping kettles when
temperature of 110 degrees C (230 degrees F)
manually preparing confections at a
or above.
temperature of 110°C (230°F) or above.
C. Whole, uncut, raw fruits and vegetables
C. Whole, uncut, raw fruits and vegetables, and
and nuts in the shell may be kept in the wood
nuts in the shell may be kept in the wood
shipping containers in which they were
shipping containers in which they were
received, until the fruits, vegetables, or nuts
received, until the fruits, vegetables, or nuts are
are used.
used.
D. If the nature of the food requires removal
D. If the nature of the food requires removal of
of rinds, peels, husks, or shells before
rinds, peels, husks, or shells before
consumption, the whole, uncut, raw food may
consumption, the whole, uncut, raw food may
111
Chapter 4
MN Current Code
Code Consensus Committee Proposed
be kept in:
be kept in:
(1) untreated wood containers; or
(1) Untreated wood containers; or
(2) treated wood containers if the containers
(2) Treated wood containers if the containers
are treated with a preservative that meets the
are treated with a preservative that meets the
requirements specified in Code of Federal
requirements specified in Code of Federal
Regulations, title 21, section 178.3800.
Regulations, title 21, section 178.3800 21 CFR
178.3800 Preservatives for wood.
4626.0493 4-101.110 NONSTICK
4626.0493 4-101.11018 NONSTICK
COATINGS; USE LIMITATIONS.
COATINGS; USE LIMITATIONS.
Frying pans, griddles, sauce pans, cookie
Multiuse kitchenware such as frying pans,
sheets, waffle bakers, and other multiuse
griddles, sauce pans, cookie sheets, and waffle
kitchenware that have a perfluorocarbon resin
bakers, and other multiuse kitchenware that
coating shall be used with nonscouring or
have a perfluorocarbon resin coating shall be
nonscratching utensils and cleaning aids.
used with nonscoring or nonscratching utensils
and cleaning aids.
4626.0495 4-101.111 NON-FOOD4626.0495 4-101.11119 NON-FOODCONTACT SURFACES.
CONTACT SURFACES.
Non-food-contact surfaces of equipment that
Nonfood contact surfaces of equipment that are
are exposed to splash, spillage, or other food
exposed to splash, spillage, or other food
soiling or that require frequent cleaning shall
soiling or that require frequent cleaning shall
be constructed of a corrosion-resistant,
be constructed of a corrosion-resistant,
nonabsorbent, and smooth material.
nonabsorbent, and smooth material.
4626.0500 4-102.11 SINGLE-SERVICE AND 4626.0500 4-102.11 SINGLE-SERVICE AND
SINGLE-USE ARTICLES;
SINGLE-USE ARTICLES;
CHARACTERISTICS.*
CHARACTERISTICS.*
Materials that are used to make single-service
Materials that are used to make single-service
and single-use articles:
and single-use articles:
A. shall not:
A. shall May not:
(1) allow the migration of deleterious
(1) Allow the migration of deleterious
substances; or
substances, or
(2) impart colors, odors, or tastes to food;N
(2) Impart colors, odors, or tastes to food;N
and
and
B. shall be:
B. Shall be:
(1) safe; and
(1) Safe; and
(2) clean.N
(2) Clean.N
4626.0505 4-201.11 EQUIPMENT AND
4626.0505 4-201.11 EQUIPMENT AND
UTENSILS.
UTENSILS.
A. Equipment and utensils shall be designed
A. Equipment and utensils shall be designed
and constructed to be durable and to retain
and constructed to be durable and to retain their
their characteristic qualities under normal use
characteristic qualities under normal use
conditions.
conditions.
B. Food equipment installed or placed in
B. Food equipment installed or placed in
service after June 6, 1989, shall meet the
service after June 6, 1989, shall meet the
applicable NSF International food service
applicable NSF International food service
112
Chapter 4
MN Current Code
Code Consensus Committee Proposed
equipment standards specified in this item.
equipment standards specified in this item.
The equipment shall be determined by NSF
The equipment shall be determined by NSF
International or an American National
International or an American National
Standards Institute (ANSI) Z34.1 accredited
Standards Institute (ANSI) Z34.1 accredited
independent entity, including Underwriters
independent entity, including Underwriters
Laboratory or the Edison Testing Laboratory,
Laboratory or the Edison Testing Laboratory,
to be equivalent to the NSF International
to be equivalent to the NSF International
standard.
standard.
(1) Standard No. 2, Food Equipment, 1996
(1) Standard No. 2, Food Equipment, 1996
and subsequent editions.
and subsequent editions.
(2) Standard No. 3, Commercial Spray-Type
(2) Standard No. 3, Commercial Spray-Type
Dishwashing and Glasswashing Machines,
Dishwashing and Glasswashing Machines,
1996 and subsequent editions.
1996 and subsequent editions.
(3) Standard No. 4, Commercial Cooking,
(3) Standard No. 4, Commercial Cooking,
Rethermalization, and Powered Hot Food
Rethermalization, and Powered Hot Food
Holding and Transport Equipment, 1996 and
Holding and Transport Equipment, 1996 and
subsequent editions.
subsequent editions.
(4) Standard No. 5, Water Heaters, Hot Water
(4) For hot water dish machines Standard No.
Supply Boilers, and Heat Recovery
5, Water Heaters, Hot Water Supply Boilers,
Equipment, 1992 and subsequent editions.
and Heat Recovery Equipment, 1992 and
(5) Standard No. 6, Dispensing Freezers,
subsequent editions.
1996 and subsequent editions.
(5) Standard No. 6, Dispensing Freezers, 1996
(6) Standard No. 7, Food Service
and subsequent editions.
Refrigerators and Storage Freezers, 1990 and
(6) Standard No. 7, Food Service
subsequent editions.
Refrigerators and Storage Freezers, 1990 and
(7) Standard No. 8, Commercial Powered
subsequent editions.
Food
(7) Standard No. 8, Commercial Powered
Preparation Equipment, 1992 and subsequent
Food
editions.
Preparation Equipment, 1992 and subsequent
(8) Standard No. 12, Automatic Ice Making
editions.
Equipment, 1992 and subsequent editions.
(8) Standard No. 12, Automatic Ice Making
(9) Standard No. 13, Refuse Compactors and Equipment, 1992 and subsequent editions.
Compactor Systems, 1992 and subsequent
(9) Standard No. 13, Refuse Compactors and
editions.
Compactor Systems, 1992 and subsequent
(10) Standard No. 18, Manual Food and
editions.
Beverage
(10) Standard No. 18, Manual Food and
Dispensing Equipment, 1996 and subsequent
Beverage
editions.
Dispensing Equipment, 1996 and subsequent
(11) Standard No. 20, Commercial Bulk Milk editions.
Dispensing Equipment, 1992 and subsequent
(11) Standard No. 20, Commercial Bulk Milk
editions.
Dispensing Equipment, 1992 and subsequent
(12) Standard No. 25, Vending Machines for editions.
Food and Beverages, 1990 and subsequent
(12) Standard No. 25, Vending Machines for
editions.
Food and Beverages, 1990 and subsequent
113
Chapter 4
MN Current Code
Code Consensus Committee Proposed
(13) Standard No. 26, Pot, Pan, and Utensil
editions.
Commercial Spray-Type Washing Machines,
(13) Standard No. 26, Pot, Pan, and Utensil
1990 and subsequent editions.
Commercial Spray-Type Washing Machines,
(14) Standard No. 29, Detergent and
1990 and subsequent editions.
Chemical
(14) Standard No. 29, Detergent and
Feeders for Commercial Spray-Type
Chemical
Dishwashing Machines, 1992 and subsequent
Feeders for Commercial Spray-Type
editions.
Dishwashing Machines, 1992 and subsequent
(15) Standard No. 35, Laminated Plastics for editions.
Surfacing Food Service Equipment, 1991 and
(15) Standard No. 35, Laminated Plastics for
subsequent editions.
Surfacing Food Service Equipment, 1991 and
(16) Standard No. 51, Plastic Materials and
subsequent editions.
Components Used in Food Equipment, 1978
(16) Standard No. 51, Plastic Materials and
and subsequent editions.
Components Used in Food Equipment, 1978
(17) Standard No. 59, Food Carts, 1986 and
and subsequent editions.
subsequent editions.
(17) Standard No. 59, Food Carts, 1986 and
(18) Criteria C-2, Special Equipment and
subsequent editions.
Devices,
(18) Criteria C-2, Special Equipment and
1983 and subsequent editions.
Devices,
C. Vending machines and machines used to
1983 and subsequent editions.
dispense water shall meet NSF International
C. Vending machines and machines used to
Standard No. 25 or meet the standards of the
dispense water shall meet NSF International
National Automatic Merchandising
Standard No. 25 or meet the standards of the
Association (NAMA) specified in NAMA
National Automatic Merchandising
Standard for the Sanitary Design and
Association (NAMA) specified in NAMA
Construction of Food and Beverage Vending
Standard for the Sanitary Design and
Machines, April 1990, and subsequent
Construction of Food and Beverage Vending
editions.
Machines, April 1990, and subsequent editions.
D. Vending machines that vend water shall
D. Vending machines that vend water shall
meet the standards specified in parts
meet the standards specified in parts 1550.3200
1550.3200 to 1550.3320.
to 1550.3320.
E. Baking equipment shall comply with the
E. Baking equipment shall comply with the
NSF International standards specified in item
NSF International standards specified in item B
B or the Bakery Industry Sanitation Standards or the Bakery Industry Sanitation Standards
Committee (BISSC) standards specified in part Committee (BISSC) standards specified in part
1550.1490, item K.
1550.1490, item K.
F. If baking equipment was manufactured
F. If baking equipment was manufactured
before September 8, 1998, and does not
before September 8, 1998, and does not
comply with NSF International or BISSC
comply with NSF International or BISSC
standards, the equipment shall be in good
standards, the equipment shall be in good
repair and shall not constitute a health hazard
repair and shall not constitute a health hazard
as determined by the regulatory authority.
as determined by the regulatory authority.
G. Used equipment that does not meet the
G. Used equipment that does not meet the NSF
NSF
International, NAMA, or BISSC standards
114
Chapter 4
MN Current Code
Code Consensus Committee Proposed
International, NAMA, or BISSC standards
specified in this part at the time of installation
specified in this part at the time of installation
is permitted if it:
is permitted if it:
(1) met the NSF International, NAMA, or
(1) met the NSF International, NAMA, or
BISSC standard in effect at the time of
BISSC standard in effect at the time of
manufacture;
manufacture;
(2) remains in good repair;
(2) remains in good repair;
(3) is capable of being maintained in a
(3) is capable of being maintained in a
sanitary condition;
sanitary condition;
(4) has food-contact surfaces that are not
(4) has food-contact surfaces that are not
toxic;
toxic;
(5) does not constitute a health hazard; and
(5) does not constitute a health hazard; and
(6) is approved by the regulatory authority.
(6) is approved by the regulatory authority.
H. If a NSF International, NAMA, or BISSC
H. If a NSF International, NAMA, or BISSC
standard is not available for a piece of
standard is not available for a piece of
equipment used in a food establishment, the
equipment used in a food establishment, the
equipment shall be designed for commercial
equipment shall be designed for commercial
use, smooth, easily cleanable, and readily
use, smooth, easily cleanable, and readily
accessible for cleaning and shall have contact
accessible for cleaning and shall have contact
surfaces that are not toxic.
surfaces that are not toxic.
I. Retail shelving and refrigeration and freezer
I. Retail shelving and refrigeration and freezer display cases shall be constructed as specified
display cases shall be constructed as specified
in item A and designed for commercial use.
in item A and designed for commercial use.
J. Domestic equipment may be substituted for
J. When food service or a food operation in a
commercial equipment required under this part
child care center, residential care home,
if:
supervised living facility, apartment building
(1) When food service or a food operation in a
with congregate dining, boarding
child care center, residential care home,
establishment, bed and breakfast, or similar
supervised living facility, apartment building
establishment is limited to serving ten or fewer with congregate dining, boarding
individuals, domestic equipment may be
establishment, bed and breakfast, or similar
substituted for the commercial equipment
establishment does not prepare meals, is
required under this part.
limited to offering snacks; or is serving ten or
K. The NSF International, NAMA, and
fewer individuals, domestic equipment may be
BISSC standards specified in this part are
substituted for the commercial equipment
incorporated by reference, are not subject to
required under this part.
frequent change, and are available through the
(2) food service or a food operation in a child
Minitex interlibrary loan system.
care center, residential care home, supervised
living facility, apartment building with
congregate dining, boarding establishment, bed
and breakfast, or similar establishment is
serving ten or fewer individuals; or
(3) food service or a food operation is a
special event food stand.
K. The NSF International, NAMA, and BISSC
115
Chapter 4
MN Current Code
Code Consensus Committee Proposed
standards specified in this part are incorporated
by reference, are not subject to frequent
change, and are available through the Minitex
interlibrary loan system.
4626.0510 4-201.12 FOOD TEMPERATURE 4626.0510 4-201.12 FOOD TEMPERATURE
MEASURING DEVICES.*
MEASURING DEVICES.*
Food temperature measuring devices shall not Food temperature measuring devices shall may
have sensors or stems constructed of glass,
not have sensors or stems constructed of glass,
except that candy thermometers and other
except that candy thermometers and other
thermometers with glass sensors or stems that
thermometers with glass sensors or stems that
are encased in a shatterproof coating may be
are encased in a shatterproof coating such as
used.
candy thermometers may be used.
4626.0515 4-202.11 FOOD-CONTACT
4626.0515 4-202.11 FOOD-CONTACT
SURFACES.*
SURFACES.*
Multiuse food-contact surfaces shall be:
A. Multiuse food-contact surfaces shall be:
A. smooth;
(1) A. Smooth;
B. free of breaks, open seams, cracks, chips,
(2) B. Free of breaks, open seams, cracks,
pits, and similar imperfections;
chips, inclusions, pits, and similar
C. free of sharp internal angles, corners, and
imperfections;
crevices;
(3) C. Free of sharp internal angles, corners,
D. finished to have smooth welds and joints;
and crevices;
and
(4) D. Finished to have smooth welds and
E. accessible for cleaning and inspection by
joints; and
one of the following methods:
(5) E. Except as specified in item (B) of this
(1) without being disassembled;
section, accessible for cleaning and inspection
(2) by disassembling without the use of tools; by one of the following methods:
or
(a) (1) Without being disassembled,
(3) by easy disassembling with the use of
(b) (2) By disassembling without the use of
hand-held tools commonly available to
tools, or
maintenance and cleaning personnel, including
(c) (3) By easy disassembling with the use of
screwdrivers, pliers, open-end wrenches, and
hand-held tools commonly available to
allen wrenches.
maintenance and cleaning personnel including
such as screwdrivers, pliers, open-end
wrenches, and Allen wrenches.
B. Subparagraph (A)(5) of this section does not
apply to cooking oil storage tanks, distribution
lines for cooking oils, or beverage syrup lines
or tubes.
4626.0520 4-202.12 CIP EQUIPMENT.
4626.0520 4-202.12 CIP EQUIPMENT.
A. CIP equipment shall meet the
A. CIP equipment shall meet the
characteristics specified in part 4626.0515 and characteristics specified in part 4626.0515 and
shall be designed and constructed so that:
shall be designed and constructed so that:
(1) cleaning and sanitizing solutions circulate
(1) cleaning and sanitizing solutions circulate
throughout a fixed system and contact all
throughout a fixed system and contact all
116
Chapter 4
MN Current Code
Code Consensus Committee Proposed
interior food-contact surfaces; and
interior food-contact surfaces; and
(2) the system is self-draining or capable of
(2) the system is self-draining or capable of
being completely drained of cleaning and
being completely drained of cleaning and
sanitizing solutions.
sanitizing solutions.
B. CIP equipment that is not designed to be
B. CIP equipment that is not designed to be
disassembled for cleaning shall be designed
disassembled for cleaning shall be designed
with inspection access points to ensure that all with inspection access points to ensure that all
interior food-contact surfaces throughout the
interior food-contact surfaces throughout the
fixed system are effectively cleaned.
fixed system are effectively cleaned.
4626.0525 4-202.13 "V" THREADS; USE
LIMITATION.
"V"-type threads shall not be used on foodcontact surfaces. This part does not apply to
hot oil cooking or filtering equipment.
4626.0530 4-202.14 HOT OIL FILTERING
EQUIPMENT.
Hot oil filtering equipment shall meet the
characteristics specified in part 4626.0515 or
4626.0520 and shall be readily accessible for
filter replacement and filter cleaning.
4626.0535 4-202.15 CAN OPENERS.
Cutting or piercing parts of can openers shall
be readily removable for cleaning and
replacing.
4626.0540 4-202.16 NON-FOOD-CONTACT
SURFACES.
Non-food-contact surfaces shall be free of
unnecessary ledges, projections, and crevices,
and designed and constructed to allow easy
cleaning and to facilitate maintenance.
4626.0545 4-202.17 KICK PLATES,
REMOVABLE; ENCLOSED HOLLOW
BASES.
A. Kick plates shall be designed so that the
areas behind them are accessible for inspection
and cleaning by being:
(1) removable by one of the methods
specified in part 4626.0515, item E, subitems
(1) to (3), or capable of being rotated open;
and
(2) removable or capable of being rotated
4626.0525 4-202.13 "V" THREADS; USE
LIMITATION.
"V"-type threads shall not be used on foodcontact surfaces. This part does not apply to
hot oil cooking or filtering equipment.
4626.0530 4-202.14 HOT OIL FILTERING
EQUIPMENT.
Hot oil filtering equipment shall meet the
characteristics specified in part 4626.0515 or
4626.0520 and shall be readily accessible for
filter replacement and cleaning of the filter
cleaning.
4626.0535 4-202.15 CAN OPENERS.
Cutting or piercing parts of can openers shall
be readily removable for cleaning and for
replacing.
4626.0540 4-202.16 NON-FOOD-CONTACT
SURFACES.
Non-food-contact surfaces shall be free of
unnecessary ledges, projections, and crevices,
and designed and constructed to allow easy
cleaning and to facilitate maintenance.
4626.0545 4-202.17 KICK PLATES,
REMOVABLE; ENCLOSED HOLLOW
BASES.
A. Kick plates shall be designed so that the
areas behind them are accessible for inspection
and cleaning by being:
(1) removable by one of the methods
specified in part 4626.0515, item E, subitems
(1) to (3), subpart (A)(5) or capable of being
rotated open; and
(2) removable or capable of being rotated
117
Chapter 4
MN Current Code
Code Consensus Committee Proposed
open without unlocking equipment doors.
open without unlocking equipment doors.
B. In new or extensively remodeled
B. In new or extensively remodeled
establishments, enclosed hollow bases are
establishments, enclosed hollow bases are
prohibited.
prohibited.
4626.0550 4-202.18 VENTILATION HOOD
4626.0550 4-202.18 VENTILATION HOOD
SYSTEMS; FILTERS.
SYSTEMS; FILTERS.
Filters or other grease extracting equipment
Filters or other grease extracting equipment
shall be designed to be readily removable for
shall be designed to be readily removable for
cleaning and replacing if not designed to be
cleaning and replacementing if not designed to
cleaned in place.
be cleaned in place.
4626.0555 4-203.11 TEMPERATURE
MEASURING DEVICES; FOOD.
A. Food temperature measuring devices that
are scaled only in Celsius or dually scaled in
Celsius and Fahrenheit shall be accurate to 1
degree C (1.8 degrees F).
B. Food temperature measuring devices that
are scaled only in Fahrenheit shall be accurate
to 2 degrees F.
4626.0560 4-203.12 TEMPERATURE
MEASURING DEVICES; AMBIENT AIR
AND WATER.
A. Ambient air and water temperature
measuring devices that are scaled in Celsius or
dually scaled in Celsius and Fahrenheit shall
be designed to be easily readable and accurate
to 1.5 degrees C (2.7 degrees F) at the use
range.
B. Ambient air and water temperature
measuring devices that are scaled only in
Fahrenheit shall be accurate to 3 degrees F at
the use range.
4626.0563 PRESSURE MEASURING
DEVICES; MECHANICAL
WAREWASHING EQUIPMENT.
Pressure measuring devices that display the
pressures in the water supply line for the fresh
hot water sanitizing rinse shall have
increments of seven kilopascals (one pound
per square inch) or smaller and shall be
accurate to 14 kilopascals (2 pounds per square
inch) in the 100 to 170 kilopascals (15 to 25
pounds per square inch) range.
4626.0555 4-203.11 TEMPERATURE
MEASURING DEVICES; FOOD.
A. Food temperature measuring devices that
are scaled only in Celsius or dually scaled in
Celsius and Fahrenheit shall be accurate to 1°
C (1.8° F).
B. Food temperature measuring devices that
are scaled only in Fahrenheit shall be accurate
to 2° F.
4626.0560 4-203.12 TEMPERATURE
MEASURING DEVICES; AMBIENT AIR
AND WATER.
A. Ambient air and water temperature
measuring devices that are scaled in Celsius or
dually scaled in Celsius and Fahrenheit shall be
designed to be easily readable and accurate to
1.5° C (2.7° F) at the use range.
B. Ambient air and water temperature
measuring devices that are scaled only in
Fahrenheit shall be accurate to 3° F at the use
range.
4626.0563 4-203.13 PRESSURE
MEASURING DEVICES; MECHANICAL
WAREWASHING EQUIPMENT.
Pressure measuring devices that display the
pressures in the water supply line for the fresh
hot water sanitizing rinse shall have increments
of seven kilopascals (one pound per square
inch) or smaller and shall be accurate to ±14
kilopascals (± 2 pounds per square inch) in the
100 to 170 kilopascals (15 to 25 pounds per
square inch) range indicated on the
118
Chapter 4
MN Current Code
Code Consensus Committee Proposed
manufacture’s data plate.
4626.0565 4-204.11 VENTILATION HOOD
4626.0565 4-204.11 VENTILATION HOOD
SYSTEMS, DRIP PREVENTION.
SYSTEMS, DRIP PREVENTION.
Exhaust ventilation hood systems in food
Exhaust ventilation hood systems in food
preparation and warewashing areas, including
preparation and warewashing areas, including
hoods, fans, guards, ducting, and other
components such as hoods, fans, guards, and
components, shall be designed to prevent
ducting, and other components, shall be
grease or condensation from draining or
designed to prevent grease or condensation
dripping onto food, equipment, utensils, linens, from draining or dripping onto food,
and single-service and single-use articles.
equipment, utensils, linens, and single-service
and single-use articles.
4626.0570 4-204.12 EQUIPMENT
4626.0570 4-204.12 EQUIPMENT
OPENINGS, CLOSURES, AND
OPENINGS, CLOSURES, AND
DEFLECTORS.
DEFLECTORS.
A. A cover or lid for equipment shall overlap
A. A cover or lid for equipment shall overlap
the opening and be sloped to drain.
the opening and be sloped to drain.
B. An opening located within the top of a unit B. An opening located within the top of a unit
of equipment that is designed for use with a
of equipment that is designed for use with a
cover or lid shall be flanged upward at least
cover or lid shall be flanged upward at least
five millimeters (two-tenths inch).
five millimeters (two-tenths inch).
C. Except as specified in item D, fixed piping, C. Except as specified in item D of this
temperature measuring devices, rotary shafts,
section, fixed piping, temperature measuring
and other parts extending into equipment shall devices, rotary shafts, and other parts extending
be provided with a watertight joint at the point into equipment shall be provided with a
where the item enters the equipment.
watertight joint at the point where the item
D. If a watertight joint is not provided:
enters the equipment.
(1) the piping, temperature measuring devices, D. If a watertight joint is not provided:
rotary shafts, and other parts extending through (1) the piping, temperature measuring devices,
the openings
rotary shafts, and other parts extending through
shall be equipped with an apron designed to
the openings shall be equipped with an apron
deflect condensation, drips, and dust from food designed to deflect condensation, drips, and
openings; and
dust from food openings in the food; and
(2) the opening shall be flanged as specified in (2) the opening shall be flanged as specified in
item B.
item B of this section.
4626.0575 4-204.13 DISPENSING
4626.0575 4-204.13 DISPENSING
EQUIPMENT; PROTECTION OF
EQUIPMENT; PROTECTION OF
EQUIPMENT AND FOOD.
EQUIPMENT AND FOOD.
In equipment that dispenses or vends liquid
In equipment that dispenses or vends liquid
food or ice in unpackaged form:
food or ice in unpackaged form:
A. the delivery tube, chute, orifice, and splash (A) The delivery tube, chute, orifice, and
surfaces directly above the container receiving splash surfaces directly above the container
the food shall be designed with barriers,
receiving the food shall be designed in a
baffles, drip aprons, or similar devices to divert manner, such as with barriers, baffles, or drip
drips from condensation and splash from the
aprons, or similar devices to divert so that drips
119
Chapter 4
MN Current Code
Code Consensus Committee Proposed
opening of the container receiving the food;
from condensation and splash are diverted from
B. the delivery tube, chute, and orifice shall be the opening of the container receiving the food;
recessed or otherwise protected from manual
(B) The delivery tube, chute, and orifice shall
contact;
be recessed or otherwise protected from
C. the delivery tube or chute and orifice of
manual contact such as by being recessed;
equipment used to vend to self-service
(C) The delivery tube or chute and orifice of
consumers shall be designed so that the
equipment used to vend liquid food or ice in
delivery tube or chute and orifice are protected unpackaged form to self-service consumers
from dust, insects, rodents, and other
shall be designed so that the delivery tube or
contamination by a self-closing door if the
chute and orifice are protected from dust,
equipment is:
insects, rodents, and other contamination by a
(1) located in an outside area that does not
self-closing door if the equipment is:
otherwise afford the protection of an enclosure
(1) Located in an outside area that does not
against rain, windblown debris, insects,
otherwise afford the protection of an enclosure
rodents, and other contaminants that are
against the rain, windblown debris, insects,
present in the environment; or
rodents, and other contaminants that are
(2) available for self-service during hours
present in the environment, or
when it is not under the full-time supervision
(2) Available for self-service during hours
of a food employee; and
when it is not under the full-time supervision of
D. the dispensing equipment actuating lever or a food employee; and
mechanism and filling device of consumer
(D) The dispensing equipment actuating lever
self-service beverage dispensing equipment
or mechanism and filling device of consumer
shall be designed to prevent contact with the
self-service beverage dispensing equipment
lip-contact surface of glasses or cups that are
shall be designed to prevent contact with the
refilled.
lip-contact surface of glasses or cups that are
refilled.
(E) Dispensing equipment in which potentially
hazardous food (Time/Temperature Control for
Safety Food) in a homogenous liquid form is
maintained outside of the temperature control
requirements as specified under §3-501.16(A)
shall:
(1) be specifically designed and equipped to
maintain the commercial sterility of aseptically
packaged food in a homogenous liquid form
for a specified duration from the time of
opening the packaging within the equipment;
and
(2) conform to the requirements for this
equipment as specified in NSF/ANSI 18-2006Manual Food and Beverage Dispensing
Equipment.
4626.0580 4-204.14 VENDING MACHINE;
VENDING STAGE CLOSURE.
120
Chapter 4
Code Consensus Committee Proposed
MN Current Code
The dispensing compartment of a vending
machine, including a machine that is designed
to vend chips, party mixes, pretzels, and other
prepackaged snack food that is not potentially
hazardous, shall be equipped with a selfclosing door or cover if the machine is:
A. located in an outside area that does not
otherwise afford the protection of an enclosure
against rain, windblown debris, insects,
rodents, and other contaminants that are
present in the environment; or
B. available for self-service during hours
when it is not under the full-time supervision
of a food employee.
4626.0585 4-204.15 BEARINGS AND GEAR
BOXES; LEAKPROOF.
Equipment containing bearings and gears that
require lubricants shall be designed and
constructed so that the lubricant cannot leak,
drip, or be forced into food or onto foodcontact surfaces.
4626.0590 4-204.16 BEVERAGE TUBING;
SEPARATION.
Beverage tubing and cold-plate beverage
cooling devices shall not be installed in contact
with stored ice. This part does not apply to
cold plates that are constructed integrally with
an ice storage bin.
4626.0585 4-204.15 BEARINGS AND GEAR
BOXES; LEAKPROOF.
Equipment containing bearings and gears that
require lubricants shall be designed and
constructed so that the lubricant cannot leak,
drip, or be forced into food or onto foodcontact surfaces.
4626.0590 4-204.16 BEVERAGE TUBING;
SEPARATION.
Except for cold plates that are constructed
integrally with an ice storage bin, beverage
tubing and cold-plate beverage cooling devices
shall may not be installed in contact with stored
ice. This part does not apply to cold plates that
are constructed integrally with an ice storage
bin.
4626.0595 4-204.17 ICE UNITS;
4626.0595 4-204.17 ICE UNITS;
SEPARATION OF DRAINS.
SEPARATION OF DRAINS.
Liquid waste drain lines shall not pass through Liquid waste drain lines shall not pass through
an ice machine or ice storage bin.
an ice machine or ice storage bin.
4626.0600 4-204.18 CONDENSER UNIT;
4626.0600 4-204.18 CONDENSER UNIT;
SEPARATION.
SEPARATION.
If a condenser unit is an integral component of If a condenser unit is an integral component of
equipment, the condenser unit shall be
equipment, the condenser unit shall be
separated from the food and food storage space separated from the food and food storage space
by a dustproof barrier.
by a dustproof barrier.
4626.0605 4-204.19 CAN OPENERS ON
4626.0605 4-204.19 CAN OPENERS ON
VENDING MACHINES.
VENDING MACHINES.
Cutting or piercing parts of can openers on
Cutting or piercing parts of can openers on
vending machines shall be protected from
vending machines shall be protected from
121
Chapter 4
MN Current Code
Code Consensus Committee Proposed
manual contact, dust, insects, rodents, and
manual contact, dust, insects, rodents, and
other contamination.
other contamination.
4626.0610 4-204.110 MOLLUSCAN
4626.0610 4-204.110 MOLLUSCAN
SHELLFISH TANKS.
SHELLFISH TANKS.
A. Except as specified in item B, molluscan
A. Except as specified in item B of this
shellfish life support system display tanks shall section, molluscan shellfish life support system
be used only to display shellfish that are not
display tanks shall may not be used only to
offered for human consumption and shall be
display shellfish that are not offered for human
conspicuously marked so that it is obvious to
consumption and shall be conspicuously
the consumer that the shellfish are for display
marked so that it is obvious to the consumer
only.
that the shellfish are for display only.
B. Molluscan shellfish life support system
B. Molluscan shellfish life support system
display tanks used to store and display
display tanks that are used to store and display
shellfish that are offered for human
shellfish that are offered for human
consumption shall be operated and maintained consumption shall be operated and maintained
according to a variance granted by the
according in accordance with to a variance
regulatory authority as specified in parts
granted by the regulatory authority as specified
4626.1690 to 4626.1715, with a HACCP plan
in parts 4626.1690 to 4626.1715, with and a
as required in parts 4626.1730 and 4626.1735
HACCP plan as required in parts 4626.1730
that:
and 4626.1735 that:
(1) is submitted by the licensee and approved
(1) is submitted by the licensee and approved
by the regulatory authority as specified in parts by the regulatory authority as specified in parts
4626.1690 to
4626.1690 to 4626.1715; and
4626.1715; and
(2) ensures that:
(2) ensures that:
(a) water used with fish other than molluscan
(a) water used with fish other than
shellfish does not flow into the molluscan tank;
molluscan shellfish does not flow into the
(b) the safety and quality of the shellfish as
molluscan tank;
they were received are not compromised by the
(b) the safety and quality of the shellfish as
use of the tank; and
they were received are not compromised by
(c) the identity of the source of the shellstock
use of the tank; and
is retained as specified in part 4626.0220.
(c) the identity of the source of the
shellstock is retained as specified in part
4626.0220.
4626.0615 4-204.111 VENDING
4626.0615 4-204.111 VENDING
MACHINES; AUTOMATIC SHUTOFF.*
MACHINES; AUTOMATIC SHUTOFF.*
A. A machine vending potentially hazardous
A. A machine vending potentially hazardous
food shall have an automatic control that
food (Time/Temperature Control for Safety
prevents the machine from vending food:
Food) shall have an automatic control that
(1) if there is a power failure, mechanical
prevents the machine from vending food:
failure, or other condition that results in an
(1) If there is a power failure, mechanical
internal machine temperature that cannot
failure, or other condition that results in an
maintain food temperatures specified in parts
internal machine temperature that cannot
4626.0130 to 4626.0420; and
maintain food temperatures as specified in
122
Chapter 4
MN Current Code
Code Consensus Committee Proposed
(2) if a condition specified in subitem (1)
parts 4626.0130 to 4626.0420; and
occurs, until the machine is serviced and
(2) If a condition specified in subitem (1)
restocked with food that has been maintained
under Subparagraph (A)(1) of this section
at temperatures specified in parts 4626.0130 to occurs, until the machine is serviced and
4626.0420.
restocked with food that has been maintained at
B. The temperature specified for activation of temperatures specified in parts 4626.0130 to
the automatic shutoff within a machine
4626.0420.
vending potentially hazardous food may
B. The temperature specified for activation of
deviate from the temperature and for a time as the automatic shutoff within a machine vending
follows:
potentially hazardous food may deviate from
(1) in a refrigerated vending machine, at an
the temperature and for a time as follows When
ambient temperature of 7 degrees C (45
the automatic shutoff within a machine vending
degrees F) or more, for no more than 30
potentially hazardous food (Time/Temperature
minutes immediately after the machine is
Control for Safety Food) is activated:
filled, serviced, or restocked; or
(1) In a refrigerated vending machine, at an
(2) in a hot holding vending machine, at an
the ambient air temperature of 7 degrees C (45
ambient temperature of less than 60 degrees C degrees F) or more may not exceed 5ºC (41ºF)
(140 degrees F), for no more than 120 minutes for no more than 30 minutes immediately after
after the machine is filled, serviced, or
the machine is filled, serviced, or restocked; or
restocked.
(2) In a hot holding vending machine, at an
the temperature of less than 60 degrees C (140
degrees F) ambient air temperature may not be
less than 57ºC (135ºF) for no more than 120
minutes immediately after the machine is
filled, serviced, or restocked.
4626.0620 4-204.112 TEMPERATURE
4626.0620 4-204.112 TEMPERATURE
MEASURING DEVICES.
MEASURING DEVICES.
A. In a mechanically refrigerated or hot food
A. In a mechanically refrigerated or hot food
storage unit, the sensor of a temperature
storage unit, the sensor of a temperature
measuring device shall be located to measure
measuring device shall be located to measure
the air temperature in the warmest part of a
the air temperature or a simulated product
mechanically refrigerated unit and in the
temperature in the warmest part of a
coolest part of a hot food storage unit.
mechanically refrigerated unit and in the
B. Except as specified in item C, cold or hot
coolest part of a hot food storage unit.
holding equipment used for potentially
B. Except as specified in item (C) of this
hazardous food shall be designed to include
section, cold or hot holding equipment used for
and shall be equipped with at least one integral potentially hazardous food (Time/Temperature
or permanently affixed temperature measuring Control for Safety Food) shall be designed to
device that is located to allow easy viewing of include and shall be equipped with at least one
the device's temperature display.
integral or permanently affixed temperature
C. Item B does not apply to equipment for
measuring device that is located to allow easy
which the
viewing of the device's temperature display.
placement of a temperature measuring device
C. Item (B) of this section does not apply to
is not a practical means for measuring the
equipment for which the placement of a
123
Chapter 4
MN Current Code
Code Consensus Committee Proposed
ambient air surrounding the food because of
temperature measuring device is not a practical
the design, type, and use of the equipment,
means for measuring the ambient air
including calrod units, heat lamps, cold plates, surrounding the food because of the design,
bainmaries, steam tables, insulated food
type, and use of the equipment, including such
transport containers, and salad bars.
as calrod units, heat lamps, cold plates,
D. Temperature measuring devices shall be
bainmaries, steam tables, insulated food
designed to be easily readable.
transport containers, and salad bars.
E. Food temperature measuring devices and
D. Temperature measuring devices shall be
water temperature measuring devices on
designed to be easily readable.
warewashing machines shall have a numerical (E) Food temperature measuring devices and
scale, printed record, or digital readout in
water temperature measuring devices on
increments no greater than 1 degree C or 2
warewashing machines shall have a numerical
degrees F in the intended range of use.
scale, printed record, or digital readout in
increments no greater than 1°C or 2°F in the
intended range of use.
4626.0625 4-204.113 WAREWASHING
4626.0625 4-204.113 WAREWASHING
MACHINES; DATA PLATE OPERATING
MACHINES; DATA PLATE OPERATING
SPECIFICATIONS.
SPECIFICATIONS.
A warewashing machine shall be provided
A warewashing machine shall be provided with
with an easily accessible and readable data
an easily accessible and readable data plate
plate affixed to the machine by the
affixed to the machine by the manufacturer that
manufacturer that indicates the machine's
indicates the machine's design and operating
design and operating specifications, including
specifications, including the:
the:
A. temperatures required for washing, rinsing,
A. temperatures required for washing, rinsing, and sanitizing;
and sanitizing;
B. pressure required for the fresh water
B. pressure required for the fresh water
sanitizing rinse unless the machine is designed
sanitizing rinse unless the machine is designed to use only a pumped sanitizing rinse; and
to use only a pumped sanitizing rinse; and
C. conveyor speed for conveyor machines or
C. conveyor speed for conveyor machines or
cycle time for stationary rack machines.
cycle time for stationary rack machines.
4626.0630 4-204.114 WAREWASHING
466.0630 4-204.114 WAREWASHING
MACHINES; INTERNAL BAFFLES.
MACHINES; INTERNAL BAFFLES.
Warewashing machine wash and rinse tanks
Warewashing machine wash and rinse tanks
shall be equipped with baffles, curtains, or
shall be equipped with baffles, curtains, or
other means to minimize internal crossother means to minimize internal crosscontamination of the solutions in wash and
contamination of the solutions in wash and
rinse tanks.
rinse tanks.
4626.0635 4-204.115 WAREWASHING
4626.0635 4-204.115 WAREWASHING
MACHINES; TEMPERATURE
MACHINES; TEMPERATURE
MEASURING DEVICES.
MEASURING DEVICES.
A warewashing machine shall be equipped
A warewashing machine shall be equipped
with a temperature measuring device that
with a temperature measuring device that
indicates the temperature of the water:
indicates the temperature of the water:
124
Chapter 4
MN Current Code
Code Consensus Committee Proposed
A. in each wash and rinse tank; and
A. in each wash and rinse tank; and
B. as the water enters the hot water sanitizing B. as the water enters the hot water sanitizing
final rinse manifold or in the chemical
final rinse manifold or in the chemical
sanitizing solution tank.
sanitizing solution tank.
4626.0640 4-204.116 MANUAL
4626.0640 4-204.116 MANUAL
WAREWASHING EQUIPMENT; HEATERS WAREWASHING EQUIPMENT; HEATERS
AND BASKETS.
AND BASKETS.
If hot water is used for sanitization in manual
If hot water is used for sanitization in manual
warewashing operations, the sanitizing
warewashing operations, the sanitizing
compartment of the sink shall be:
compartment of the sink shall be:
A. designed with an integral heating device
A. designed with an integral heating device
that is capable of maintaining water at a
that is capable of maintaining water at a
temperature not less than 77 degrees C (171
temperature not less than 77°C (171°F); and
degrees F); and
B. provided with a rack or basket to allow
B. provided with a rack or basket to allow
complete immersion of equipment and utensils
complete immersion of equipment and utensils into the hot water.
into the hot water.
4626.0643 WAREWASHING MACHINES;
4626.0643 4-204.117 WAREWASHING
SANITIZER LEVEL INDICATOR.
MACHINES; AUTOMATIC DISPENSING
A warewashing machine that uses a chemical
OF DETERGENTS AND SANITIZERS
for sanitization and that is installed after
SANITIZER LEVEL INDICATOR.
September 8, 1998, shall be equipped with a
A warewashing machine that uses a chemical
device that indicates audibly or visually when
for sanitization and that is installed after
more chemical sanitizer needs to be added.
September 8, 1998, adoption of this Code by
the regulatory authority, shall be equipped with
a device that indicates audibly or visually when
more chemical sanitizer needs to be added. to:
A. Automatically dispense detergents and
sanitizers; and
B. Incorporate a visual means to verify that
detergents and sanitizers are delivered or a
visual or audible alarm to signal if the
detergents and sanitizers are not delivered to
the respective washing and sanitizing cycles.
4626.0645 4-204.117 WAREWASHING
4626.0645 4-204.1187 WAREWASHING
MACHINES; FLOW PRESSURE DEVICE.
MACHINES; FLOW PRESSURE DEVICE.
A. Warewashing machines that provide a
A. Warewashing machines that provide a fresh
fresh hot water sanitizing rinse shall be
hot water sanitizing rinse shall be equipped
equipped with a pressure gauge, transducer, or with a pressure gauge, transducer, or similar
similar device that measures and displays the
device such as a transducer that measures and
water pressure in the supply line immediately
displays the water pressure in the supply line
before entering the warewashing machine.
immediately before entering the warewashing
B. If the flow pressure measuring device is
machine. ; and
upstream of the fresh hot water sanitizing rinse B. If the flow pressure measuring device is
125
Chapter 4
MN Current Code
Code Consensus Committee Proposed
control valve, the device shall be mounted in a upstream of the fresh hot water sanitizing rinse
6.4 millimeter (one-fourth inch) iron pipe size control valve, the device shall be mounted in a
(IPS) valve.
6.4 millimeter (one-fourth inch) iron pipe size
C. Items A and B do not apply to a machine
(IPS) valve.
that uses only a pumped or recirculated
C. Items A and B of this section do not apply
sanitizing rinse.
to a machine that uses only a pumped or
recirculated sanitizing rinse.
4626.0650 4-204.118 WAREWASHING
4626.0650 4-204.1198 WAREWASHING
SINKS AND DRAINBOARDS; SELFSINKS AND DRAINBOARDS; SELFDRAINING.
DRAINING.
Sinks and drainboards of warewashing sinks
Sinks and drainboards of warewashing sinks
and machines shall be self-draining.
and machines shall be self-draining.
4626.0655 4-204.119 EQUIPMENT
4626.0655 4-204.12019 EQUIPMENT
COMPARTMENTS; DRAINAGE.
COMPARTMENTS; DRAINAGE.
Equipment compartments that are subject to
Equipment compartments that are subject to
accumulation of moisture due to condensation, accumulation of moisture due to conditions
food or beverage drip, water from melting ice, such as condensation, food or beverage drip, or
or similar conditions shall be sloped to an
water from melting ice, or similar conditions
outlet that allows complete draining.
shall be sloped to an outlet that allows
complete draining.
4626.0660 4-204.120 VENDING
4626.0660 4-204.1210 VENDING
MACHINES; LIQUID WASTE PRODUCTS. MACHINES; LIQUID WASTE PRODUCTS.
A. Vending machines designed to store
A. Vending machines designed to store
beverages that are packaged in containers
beverages that are packaged in containers made
made from paper products shall be equipped
from paper products shall be equipped with
with diversion devices and retention pans or
diversion devices and retention pans or drains
drains for container leakage.
for container leakage.
B. Vending machines that dispense liquid
B. Vending machines that dispense liquid food
food in bulk shall be:
in bulk shall be:
(1) provided with an internally mounted
(1) provided with an internally mounted waste
waste receptacle for the collection of drips,
receptacle for the collection of drips, spillage,
spillage, overflow, or other internal wastes;
overflow, or other internal wastes; and
and
(2) equipped with an automatic shutoff device
(2) equipped with an automatic shutoff device that takes will place the machine out of
that takes the machine out of operation before
operation before the waste receptacle
the waste receptacle overflows.
overflows.
C. A shutoff device specified in item B,
C. A shutoff devices specified in item B,
subitem (2), shall prevent water or liquid food subitem (2) of this section shall prevent water
from continuously running if there is a failure
or liquid food from continuously running if
of a flow control device in the water or liquid
there is a failure of a flow control device in the
food system or waste accumulation that could
water or liquid food system or waste
lead to overflow of the waste receptacle.
accumulation that could lead to overflow of the
waste receptacle.
4626.0665 4-204.121 CASE LOT
4626.0665 4-204.1221 CASE LOT
126
Chapter 4
MN Current Code
Code Consensus Committee Proposed
HANDLING EQUIPMENT;
HANDLING EQUIPMENT; MOVEABILITY.
MOVEABILITY.
Apparatuses, such as Ddollies, pallets, racks,
Dollies, pallets, racks, skids, and other
and skids, and other equipment used to store
equipment used to store and transport large
and transport large quantities of packaged
quantities of packaged foods received from a
foods received from a supplier in a cased or
supplier in a cased or overwrapped lot shall be overwrapped lot shall be designed to be moved
designed to be moved by hand or by hand
by hand or by conveniently available
trucks, forklifts, or other conveniently
apparatuses such as hand trucks. and forklifts,
available equipment.
or other conveniently available equipment.
4626.0670 4-204.122 VENDING MACHINE
DOORS AND OPENINGS.
A. Vending machine doors and access
opening covers to food and container storage
spaces shall be tight-fitting so that the space
along the entire interface between the doors or
covers and the cabinet of the machine, if the
doors or covers are in a closed position, is no
greater than 1.5 millimeters (1/16 inch) by:
(1) being covered with louvers, screens, or
materials that provide an equivalent opening of
not greater than 1.5 millimeters (1/16 inch).
Screening of 12 or more mesh to 2.5
centimeters (12 mesh to one inch) meets the
requirements of this subitem;
(2) being effectively gasketed;
(3) having interface surfaces that are at least
13 millimeters (one-half inch) wide; or
(4) using jambs or surfaces to form an Lshaped entry path to the interface.
B. Vending machine service connection
openings through an exterior wall of a machine
shall be closed by sealants, clamps, or
grommets so that the openings are no larger
than 1.5 millimeters (1/16 inch).
4626.0675 4-301.11 COOLING, HEATING,
AND HOLDING CAPACITIES.
Equipment for cooling and heating food, and
holding cold and hot food, shall be sufficient in
number and capacity to provide food
temperatures specified in parts 4626.0130 to
4626.0420.
4626.0680 4-301.12 MANUAL
4626.0670 4-204.1232 VENDING MACHINE
DOORS AND OPENINGS.
A. Vending machine doors and access opening
covers to food and container storage spaces
shall be tight-fitting so that the space along the
entire interface between the doors or covers
and the cabinet of the machine, if the doors or
covers are in a closed position, is no greater
than 1.5 millimeters (1/16 inch) by:
(1) being covered with louvers, screens, or
materials that provide an equivalent opening of
not greater than 1.5 millimeters (1/16 inch).
Screening of 12 or more mesh to 2.5
centimeters (12 mesh to one inch) meets the
this requirements of this subitem;
(2) being effectively gasketed;
(3) having interface surfaces that are at least
13 millimeters (one-half inch) wide; or
(4) using jambs or surfaces used to form an Lshaped entry path to the interface.
B. Vending machine service connection
openings through an exterior wall of a machine
shall be closed by sealants, clamps, or
grommets so that the openings are no larger
than 1.5 millimeters (1/16 inch).
4626.0675 4-301.11 COOLING, HEATING,
AND HOLDING CAPACITIES.
Equipment for cooling and heating food, and
holding cold and hot food, shall be sufficient in
number and capacity to provide food
temperatures specified in parts 4626.0130 to
4626.0420.
4626.0680 4-301.12 MANUAL
127
Chapter 4
MN Current Code
Code Consensus Committee Proposed
WAREWASHING; SINK COMPARTMENT WAREWASHING; SINK COMPARTMENT
REQUIREMENTS.
REQUIREMENTS.
A. Except as specified in item C, a sink with
A. Except as specified in item (C) of this
at least three compartments and with integrally section, a sink with at least three compartments
attached drainboards at each end shall be
and with integrally attached drainboards at
provided for manually washing, rinsing, and
each end shall be provided for manually
sanitizing equipment and utensils.
washing, rinsing, and sanitizing equipment and
B. Sink compartments shall be large enough to utensils.
accommodate immersion of the largest
B. Sink compartments shall be large enough to
equipment and utensils. If equipment or
accommodate immersion of the largest
utensils are too large for the warewashing sink, equipment and utensils. If equipment or
a warewashing machine or alternative
utensils are too large for the warewashing sink,
equipment specified in item C shall be used.
a warewashing machine or alternative
C. Alternative manual warewashing
equipment as specified in item (C) of this
equipment may be used when there are special section shall be used.
cleaning needs or constraints and the
C. Alternative manual warewashing equipment
regulatory authority approves the use of the
may be used when there are special cleaning
alternative equipment. Alternative manual
needs or constraints and the regulatory
warewashing equipment may include:
authority approves the use of the alternative
(1) high-pressure detergent sprayers;
equipment its use is approved. Alternative
(2) low- or line-pressure spray detergent
manual warewashing equipment
foamers;
may include:
(3) other task-specific cleaning equipment;
(1) High-pressure detergent sprayers;
(4) brushes or other implements; or
(2) Low- or line-pressure spray detergent
(5) receptacles that substitute for the
foamers;
compartments of a multicompartment sink
(3) Other task-specific cleaning equipment;
provided they are used only for on-site vending (4) Brushes or other implements;
machine cleaning and sanitizing.
(5) receptacles that substitute for the
compartments of a multicompartment sink
provided they are used only for on-site vending
machine cleaning and sanitizing. Twocompartment sinks as specified under item (D)
and (E) of this section; or
(6) Receptacles that substitute for the
compartments of a multicompartment sink.
D. Before a two-compartment sink is used:
(1) The license holder shall have its use
approved; and
(2) The license holder shall limit the number
of kitchenware items cleaned and sanitized in
the two-compartment sink, and shall limit
warewashing to batch operations for cleaning
kitchenware such as between cutting one type
of raw meat and another or cleanup at the end
128
Chapter 4
MN Current Code
Code Consensus Committee Proposed
of a shift, and shall:
(a) Make up the cleaning and sanitizing
solutions immediately before use and drain
them immediately after use, and
(b) Use a detergent-sanitizer to sanitize and
apply the detergent-sanitizer in accordance
with the manufacturer’s label instructions and
as specified under 4626.0810, or
(c) Use a hot water sanitization immersion
step as specified under 4626.0885(C).
(E) A two-compartment sink may not be used
for warewashing operations where cleaning
and sanitizing solutions are used for a
continuous or intermittent flow of kitchenware
or tableware in an ongoing warewashing
process.
4626.0685 4-301.13 DRAINBOARDS.
4626.0685 4-301.13 DRAINBOARDS.
A. Integral drainboards, utensil racks, or
A. Integral drainboards, utensil racks, or tables
tables large enough to accommodate all soiled large enough to accommodate all soiled and
and cleaned items that may accumulate during cleaned items that may accumulate during
hours of operation shall be provided for
hours of operation shall be provided for
necessary utensil holding before cleaning and
necessary utensil holding before cleaning and
after sanitizing.
after sanitizing.
B. Hot water sanitizing machines shall have
B. Hot water sanitizing machines shall have
space for and a minimum of three racks for
space for and a minimum of three racks for
drying utensils.
drying utensils.
C. Chemical sanitizing machines shall have
C. Chemical sanitizing machines shall have
space for and a minimum of five racks for
space for and a minimum of five racks for
drying utensils.
drying utensils.
4626.0690 4-301.14 VENTILATION HOOD
4626.0690 4-301.14 VENTILATION HOOD
SYSTEMS; ADEQUACY.
SYSTEMS; ADEQUACY.
Ventilation hood systems and devices shall be Ventilation hood systems and devices shall be
sufficient in number and capacity to prevent
sufficient in number and capacity to prevent
grease or condensation from collecting on
grease or condensation from collecting on
walls and ceilings.
walls and ceilings.
4626.0695 4-301.15 CLOTHES WASHERS
4626.0695 4-301.15 CLOTHES WASHERS
AND DRYERS.
AND DRYERS.
A. Except as specified in item B, if work
A. Except as specified in item B of this
clothes or linens are laundered on the
section, if work clothes or linens are laundered
premises, a mechanical clothes washer and
on the premises, a mechanical clothes washer
dryer shall be provided and used.
and dryer shall be provided and used.
B. If on-premises laundering is limited to
B. If on-premises laundering is limited to
wiping cloths intended to be used moist, or
wiping cloths intended to be used moist, or
wiping cloths are air-dried as specified in part
wiping cloths are air-dried as specified in part
129
Chapter 4
MN Current Code
Code Consensus Committee Proposed
4626.0940, a mechanical clothes washer and
4626.0940, a mechanical clothes washer and
dryer need not be provided.
dryer need not be provided.
4626.0700 4-302.11 UTENSILS;
4626.0700 4-302.11 UTENSILS;
CONSUMER SELF-SERVICE.
CONSUMER SELF-SERVICE.
A food dispensing utensil shall be available for A food dispensing utensil shall be available for
each display container displayed at a buffet,
each display container displayed at a buffet,
salad bar, or other consumer self-service unit.
salad bar, or other consumer self-service unit
consumer self-services unit such as a buffet or
salad bar.
4626.0705 4-302.12 FOOD TEMPERATURE
MEASURING DEVICES.
Food temperature measuring devices shall be
provided and readily accessible for use in
ensuring attainment and maintenance of food
temperatures specified in parts 4626.0130 to
4626.0420.
4626.0710 4-302.13 TEMPERATURE
MEASURING DEVICES; MANUAL
WAREWASHING.
In manual warewashing operations, a
temperature measuring device shall be
provided and readily accessible for frequently
measuring the washing and sanitizing
temperatures.
4626.0715 4-302.14 SANITIZING
SOLUTIONS; TESTING DEVICES.
A test kit or other device that accurately
measures the concentration in mg/L of
sanitizing solutions shall be provided.
4626.0720 4-401.11 EQUIPMENT,
CLOTHES WASHERS AND DRYERS, AND
STORAGE CABINETS; CONTAMINATION
PREVENTION.
A. Except as specified in items B and C,
equipment; a cabinet that is used for the
storage of food; or a cabinet that is used to
4626.0705 4-302.12 FOOD TEMPERATURE
MEASURING DEVICES.
A. Food temperature measuring devices shall
be provided and readily accessible for use in
ensuring attainment and maintenance of food
temperatures as specified in parts 4626.0130 to
4626.0420.
B. A temperature measuring device with a
suitable small diameter probe that is designed
to measure the temperature of thin masses shall
be provided and readily accessible to
accurately measure the temperature in thin
foods such as meat patties and fish filets.
4626.0710 4-302.13 TEMPERATURE
MEASURING DEVICES; MANUAL
WAREWASHING.
In manual warewashing operations, a
temperature measuring device shall be
provided and readily accessible for frequently
measuring the washing and sanitizing
temperature.
4626.0715 4-302.14 SANITIZING
SOLUTIONS; TESTING DEVICES.
A test kit or other device that accurately
measures the concentration in mg/L of
sanitizing solutions shall be provided.
4626.0720 4-401.11 EQUIPMENT, CLOTHES
WASHERS AND DRYERS, AND STORAGE
CABINETS; CONTAMINATION
PREVENTION.
A. Except as specified in items B and C, of
this section, equipment; a cabinet that is used
for the storage of food; or a cabinet that is used
130
Chapter 4
MN Current Code
Code Consensus Committee Proposed
store cleaned and sanitized equipment,
to store cleaned and sanitized equipment,
utensils, laundered linens, or single-service and utensils, laundered linens, and or single-service
single-use articles shall not be located:
and single-use articles shall may not be
(1) in a locker room;
located:
(2) in a toilet room;
(1) in a locker rooms;
(3) in a garbage room;
(2) in a toilet rooms;
(4) in a mechanical room;
(3) in a garbage rooms;
(5) under a sewer line that is not shielded to
(4) in a mechanical rooms;
intercept potential drips;
(5) under a sewer lines that is are not shielded
(6) under a leaking water line, including a
to intercept potential drips;
leaking automatic fire sprinkler head, or under
(6) under a leaking water lines, including a
a line on which
leaking automatic fire sprinkler heads, or under
water has condensed;
a lines on which water has condensed;
(7) under an open stairwell; or
(7) under an open stairwells; or
(8) under any other source of contamination.
(8) under any other sources of contamination.
B. A storage cabinet used for linens or single- B. A storage cabinet used for linens or singleservice or single-use articles may be stored in a service or single-use articles may be stored in a
locker room.
locker room.
C. If a mechanical clothes washer or dryer is
C. If a mechanical clothes washer or dryer is
provided, it shall be located so that the washer provided, it shall be located so that the washer
or dryer is protected from contamination and
or dryer is protected from contamination and
only in an area where there is no exposed food; only in an area where there is no exposed food;
clean equipment, utensils, or linens; or
clean equipment, utensils, or and linens; or and
unwrapped single-service or single-use
unwrapped single-service or and single-use
articles.
articles.
4626.0725 4-402.11 FIXED EQUIPMENT;
4626.0725 4-402.11 FIXED EQUIPMENT;
SPACING OR SEALING.
SPACING OR SEALING.
A. A unit of equipment that is fixed because it A. A unit of Equipment that is fixed because it
is not easily movable shall be installed so that
is not easily movable shall be installed so that
it is:
it is:
(1) spaced to allow access for cleaning along
(1) Spaced to allow access for cleaning along
the sides of, behind, and above the unit;
the sides of, behind, and above the unit
(2) spaced from adjoining equipment, walls,
equipment;
and ceilings a distance of not more than one
(2) Spaced from adjoining equipment, walls,
millimeter (1/32 inch); or
and ceilings a distance of not more than one
(3) sealed to adjoining equipment or walls, if millimeter or one thirty-second inch; or
the unit is exposed to spillage or seepage.
(3) Sealed to adjoining equipment or walls, if
B. Table-mounted equipment that is not easily the unit equipment is exposed to spillage or
movable shall be installed to allow cleaning of seepage.
the equipment and areas underneath and
B. Table Counter-mounted equipment that is
around the equipment by being:
not easily movable shall be installed to allow
(1) sealed to the table; or
cleaning of the equipment and areas underneath
(2) elevated on legs specified in part
and around the equipment by being:
4626.0730, item D.
(1) Sealed to the table; or
131
Chapter 4
MN Current Code
Code Consensus Committee Proposed
C. Carbon dioxide and bottled gas cylinders
(2) Elevated on legs as specified in part
shall be secured by chains or other types of
4626.0730, item D.
restraint.
C. Carbon dioxide and bottled gas cylinders
shall be secured by chains or other types of
restraint.
4626.0730 4-402.12 FIXED EQUIPMENT;
4626.0730 4-402.12 FIXED EQUIPMENT;
ELEVATION OR SEALING.
ELEVATION OR SEALING.
A. Except as specified in items B and C, floor- A. Except as specified in items B and C of this
mounted equipment that is not easily movable section, floor-mounted equipment that is not
shall be sealed to the floor or elevated on legs
easily movable shall be sealed to the floor or
that provide at least a 15 centimeter (six inch)
elevated on legs that provide at least a 15
clearance between the floor and the equipment. centimeter (six inch) clearance between the
B. If no part of the floor under the floorfloor and the equipment.
mounted equipment is more than 15
B. If no part of the floor under the floorcentimeters (six inches) from the point of
mounted equipment is more than 15
cleaning access, the clearance space may be
centimeters (six inches) from the point of
ten centimeters (four inches).
cleaning access, the clearance space may be ten
C. This part does not apply to display shelving centimeters (four inches).
units, display refrigeration units, and display
C. This part does not apply to display shelving
freezer units located in the consumer shopping units, display refrigeration units, and display
areas of a retail food store, if the floor under
freezer units located in the consumer shopping
the units is maintained clean.
areas of a retail food store, if the floor under
D. Except as specified in item E, tablethe units is maintained clean.
mounted equipment that is not easily movable D. Except as specified in item E of this
shall be elevated on legs that provide at least a section, table counter-mounted equipment that
ten centimeter (four inch) clearance between
is not easily movable shall be elevated on legs
the table and the equipment.
that provide at least a ten centimeter (four inch)
E. The clearance space between the table and
clearance between the table and the equipment.
table-mounted equipment may be:
E. The clearance space between the table and
(1) 7.5 centimeters (three inches) if the
table counter-mounted equipment may be:
horizontal distance of the table top under the
(1) 7.5 centimeters (three inches) if the
equipment is no more than 50 centimeters (20
horizontal distance of the table top under the
inches) from the point of access for cleaning;
equipment is no more than 50 centimeters (20
or
inches) from the point of access for cleaning;
(2) five centimeters (two inches) if the
or
horizontal distance of the table top under the
(2) five centimeters (two inches) if the
equipment is no more than 7.5 centimeters
horizontal distance of the table top under the
(three inches) from the point of access for
equipment is no more than 7.5 centimeters
cleaning.
(three inches) from the point of access for
cleaning.
4626.0735 4-501.11 GOOD REPAIR AND
4626.0735 4-501.11 Good Repair and Proper
PROPER ADJUSTMENT.
Adjustment.
A. Equipment shall be maintained in a state of (A) Equipment shall be maintained in a state of
repair and condition that meets the
repair and condition that meets the
132
Chapter 4
MN Current Code
Code Consensus Committee Proposed
requirements specified in parts 4626.0450 to
requirements specified in parts 4626.0450 to
4626.0670.
4626.0670.
B. Doors, seals, hinges, fasteners, kick plates, (B) Equipment components such as doors,
and other equipment components shall be kept seals, hinges, fasteners, and kick plates and
intact, tight, and adjusted according to
other equipment components shall be kept
manufacturer's specifications.
intact, tight, and adjusted according to in
C. Cutting or piercing parts of can openers
accordance with manufacturer's specifications.
shall be kept sharp to minimize the creation of (C) Cutting or piercing parts of can openers
metal fragments that can contaminate food
shall be kept sharp to minimize the creation of
when the container is opened.
metal fragments that can contaminate food
when the container is opened.
4626.0740 4-501.12 CUTTING SURFACES.
4626.0740 4-501.12 Cutting Surfaces.
Cutting blocks and boards and other surfaces
Cutting blocks and boards and other Ssurfaces
that are subject to scratching and scoring shall such as cutting blocks and boards that are
be resurfaced if they can no longer be
subject to scratching and scoring shall be
effectively cleaned and sanitized, or discarded resurfaced if they can no longer be effectively
if they are not capable of being resurfaced.
cleaned and sanitaized, or discarded if they are
not capable of being resurfaced.
4626.0745 4-501.13 MICROWAVE OVENS. 4626.0745 4-501.13 Microwave Ovens.
Microwave ovens shall meet the safety
Microwave ovens shall meet the safety
standards specified in Code of Federal
standards specified in Code of Federal
Regulations, title 21, section 1030.10.
Regulations, title 21, section 1030.10 21 CFR
1030.10 Microwave ovens.
4626.0750 4-501.14 EQUIPMENT
4626.0750 4-501.14 Warewashing
CLEANING FREQUENCY.
Equipment, Cleaning Frequency.
A warewashing machine; the compartments of A warewashing machine; the compartments of
sinks, basins, or other receptacles used for
sinks, basins, or other receptacles used for
washing and rinsing equipment, utensils, or
washing and rinsing equipment, utensils, or
raw foods, or laundering wiping cloths; and
raw foods, or laundering wiping cloths; and
drainboards or other equipment used to
drainboards or other equipment used to
substitute for drainboards as specified in part
substitute for drainboards as specified in part
4626.0685 shall be cleaned:
4626.0685 shall be cleaned:
A. before use;
(A) Before use;
B. throughout the day at a frequency
(B) Throughout the day at a frequency
necessary to prevent recontamination of
necessary to prevent recontamination of
equipment and utensils and to ensure that the
equipment and utensils and to ensure that the
equipment performs its intended function; and equipment performs its intended function; and
C. if used, at least once every 24 hours.
(C) If used, at least once every 24 hours.
4626.0755 4-501.15 WAREWASHING
4626.0755 4-501.15 Warewashing Machines,
MACHINE; MANUFACTURER'S
Manufacturers' Operating Instructions.
OPERATING INSTRUCTIONS.
(A) A warewashing machine and its auxiliary
A. A warewashing machine and its auxiliary
components shall be operated according to in
components shall be operated according to the accordance with the machine's data plate and
machine's data plate and other manufacturer's
other manufacturer's instructions.
133
Chapter 4
MN Current Code
Code Consensus Committee Proposed
instructions.
(B) A warewashing machine's conveyor speed
B. A warewashing machine's conveyor speed
or automatic cycle times shall be maintained
or automatic cycle times shall be maintained
accurately timed according to in accordance
accurately timed according to manufacturer's
with manufacturer's specifications.
specifications.
4626.0760 4-501.16 WAREWASHING
4626.0760 4-501.16 WAREWASHING
SINKS; USE LIMITATION.
SINKS; USE LIMITATION.
A. A warewashing sink shall not be used for
A. A warewashing sink shall not be used for
handwashing or dumping mop water.
handwashing or dumping mop water.
B. For food establishments licensed before
B. For food establishments licensed before
September 8, 1998:
September 8, 1998:
(1) a warewashing sink may be used to wash
(1) a warewashing sink may be used to wash
wiping cloths, wash produce, or thaw food if
wiping cloths, wash produce, or thaw food if
the sink is cleaned as specified in part
the sink is cleaned as specified in part
4626.0750 before and after each time it is used 4626.0750 before and after each time it is used
to wash wiping cloths, wash produce, or thaw
to wash wiping cloths, wash produce, or thaw
food; and
food; and
(2) sinks used to wash or thaw food shall be
(2) sinks used to wash or thaw food shall be
sanitized as specified in parts 4626.0895 to
sanitized as specified in parts 4626.0895 to
4626.0905 before and after using the sink to
4626.0905 before and after using the sink to
wash or thaw food.
wash or thaw food.
4626.0765 4-501.17 WAREWASHING
4626.0765 4-501.17 WAREWASHING
EQUIPMENT; CLEANING AGENTS.
EQUIPMENT; CLEANING AGENTS.
The wash compartment of a sink, mechanical
When used for warewashing, the wash
warewasher, or wash receptacle of alternative
compartment of a sink, mechanical
manual warewashing equipment specified in
warewasher, or wash receptacle of alternative
part 4626.0680, item C, shall, when used for
manual warewashing equipment as specified in
warewashing, contain a wash solution of soap, part 4626.0680, item C, shall, when used for
detergent, acid cleaner, alkaline cleaner,
warewashing, contain a wash solution of soap,
degreaser, abrasive cleaner, or other cleaning
detergent, acid cleaner, alkaline cleaner,
agent according to the cleaning agent
degreaser, abrasive cleaner, or other cleaning
manufacturer's label instructions.
agent according to the cleaning agent
manufacturer's label instructions.
4626.0770 4-501.18 WAREWASHING
4626.0770 4-501.18 WAREWASHING
EQUIPMENT; CLEAN SOLUTIONS.
EQUIPMENT; CLEAN SOLUTIONS.
The wash, rinse, and sanitize solutions shall be The wash, rinse, and sanitize solutions shall be
maintained clean.
maintained clean.
4626.0775 4-501.19 MANUAL
4626.0775 4-501.19 Manual Warewashing
WAREWASHING EQUIPMENT; WASH
Equipment, Wash Solution Temperature.
SOLUTION TEMPERATURE.
The temperature of the wash solution in
The temperature of the wash solution in
manual warewashing equipment shall be
manual warewashing equipment shall be
maintained at not less than 43°C (110°F) unless
maintained at not less than 43 degrees C (110
a different is or the temperature specified on
degrees F) unless a different temperature is
the cleaning agent manufacturer's label
134
Chapter 4
MN Current Code
Code Consensus Committee Proposed
specified on the cleaning agent manufacturer's instructions.
label instructions.
4626.0780 FOOD PREPARATION SINKS;
4626.0780 FOOD PREPARATION SINKS;
NEW OR EXTENSIVELY REMODELED
NEW OR EXTENSIVELY REMODELED
ESTABLISHMENT.
ESTABLISHMENT.
For a food establishment newly licensed,
For a food establishment newly licensed,
extensively remodeled, or adding a food
extensively remodeled, or adding a food
product to the menu that requires washing or
product to the menu that requires washing or
thawing in a sink, if food will be washed or
thawing in a sink, if food will be washed or
thawed using a sink, the food establishment
thawed using a sink, the food establishment
shall have a separate food preparation sink.
shall have a separate food preparation sink.
4626.0785 4-501.110 MECHANICAL
4626.0785 4-501.110 Mechanical
WAREWASHING EQUIPMENT; WASH
Warewashing Equipment, Wash Solution
SOLUTION TEMPERATURE.
Temperature.
A. The temperature of the wash solution in
(A) The temperature of the wash solution in
spray-type warewashers that use hot water to
spray type warewashers that use hot water to
sanitize shall not be less than:
sanitize shall may not be less than:
(1) for a single tank, stationary rack, single
(1) For a single tank, stationary rack, single
temperature machine, 74 degrees C (165
temperature machine, 74°C (165°F);
degrees F);
(32) For a single tank, stationary rack, dual
(2) for a single tank, conveyor, dual
temperature machine, 66°C (150°F);
temperature
(23) For a single tank, conveyor, dual
machine, 71 degrees C (160 degrees F);
temperature machine, 71°C (160°F); or
(3) for a single tank, stationary rack, dual
(4) For a multitank, conveyor,
temperature machine, 66 degrees C (150
multitemperature machine, 66°C (150°F).
degrees F); or
(B) The temperature of the wash solution in
(4) for a multitank, conveyor,
spray-type warewashers that use chemicals to
multitemperature machine, 66 degrees C (150
sanitize shall may not be less than 49°C
degrees F).
(120°F).
B. The temperature of the wash solution in
spray-type warewashers that use chemicals to
sanitize shall not be less than 49 degrees C
(120 degrees F).
4626.0790 4-501.111 MANUAL
4626.0790 4-501.111 MANUAL
WAREWASHING EQUIPMENT; HOT
WAREWASHING EQUIPMENT; HOT
WATER SANITIZATION
WATER SANITIZATION
TEMPERATURES.*
TEMPERATURES.*
If immersion in hot water is used for sanitizing If immersion in hot water is used for sanitizing
in a manual operation, the temperature of the
in a manual operation, the temperature of the
water shall be maintained at 77 degrees C (171 water shall be maintained at 77° C (171° F) or
degrees F) or above.
above.
4626.0795 4-501.112 MECHANICAL
4626.0795 4-501.112 Mechanical
WAREWASHING EQUIPMENT; HOT
Warewashing Equipment, Hot Water
WATER SANITIZATION
Sanitization Temperatures.
135
Chapter 4
MN Current Code
Code Consensus Committee Proposed
TEMPERATURES.
(A) Except as specified in item (B) of this
A. Except as provided in item B, in a
section, in a mechanical operation, the
mechanical operation, the temperature of the
temperature of the fresh hot water sanitizing
fresh hot water sanitizing rinse as it enters the
rinse as it enters the manifold shall may not be
manifold shall not be more than 90 degrees C
more than 90°C (194°F), or less than:
(194 degrees F) or less than:
(1) For a stationary rack, single temperature
(1) for a stationary rack, single temperature
machine, 74°C (165°F); or
machine, 74 degrees C (165 degrees F); or
(2) For all other machines, 82°C (180°F).
(2) for all other machines, 82 degrees C (180 (B) The maximum temperature specified in
degrees F).
item (A) of this section, does not apply to the
B. The maximum temperature specified in
high pressure and temperature systems with
item A does not apply to high pressure and
wand-type, hand-held, spraying devices used
temperature systems with wand-type, handfor the in-place cleaning and sanitizing of
held spraying devices used for in-place
equipment, including such as meat saws.
cleaning and sanitizing of equipment,
including meat saws.
4626.0800 4-501.113 MECHANICAL
4626.0800 4-501.113 MECHANICAL
WAREWASHING EQUIPMENT;
WAREWASHING EQUIPMENT;
SANITIZATION PRESSURE.
SANITIZATION RINSE PRESSURE.
The flow pressure of the fresh hot water
The flow pressure of the fresh hot water
sanitizing rinse in a warewashing machine
sanitizing rinse in a warewashing machine, as
shall not be less than 100 kilopascals (15
measured in the water line immediately
pounds per square inch) or more than 170
downstream or upstream from the fresh hot
kilopascals (25 pounds per square inch) as
water sanitizing rinse control value, shall not
measured in the water line immediately
be less within the range specified on the
downstream or upstream from the fresh hot
machine manufacturer’s data plate and may not
water sanitizing rinse control valve.
be less than 100 35 kilopascals (15 5 pounds
per square inch) or more than 170 200
kilopascals (25 30 pounds per square inch) as
measured in the water line immediately
downstream or upstream from the fresh hot
water sanitizing rinse control valve.
4626.0805 4-501.114 MANUAL AND
4626.0805 4-501.114 MANUAL AND
MECHANICAL WAREWASHING
MECHANICAL WAREWASHING
EQUIPMENT; CHEMICAL
EQUIPMENT; CHEMICAL SANITIZATION,
SANITIZATION, TEMPERATURE, PH,
TEMPERATURE, PH, CONCENTRATION,
CONCENTRATION, AND HARDNESS.*
AND HARDNESS.*
A. A chemical sanitizer used in a sanitizing
A. A chemical sanitizer used in a sanitizing
solution for a manual or mechanical operation solution for a manual or mechanical operation
at the exposure times specified in part
at exposure times specified in part 4626.0905,
4626.0905, item C, shall be listed in Code of
item C, shall be listed in Code of Federal
Federal Regulations, title 21, section 178.1010, Regulations, title 21, section 178.1010, or in
or in Minnesota Statutes, chapter 31. The
Minnesota Statutes, chapter 31. The sanitizer
sanitizer shall be used according to this part
under 4626.0905(C) shall meet the criteria
136
Chapter 4
MN Current Code
Code Consensus Committee Proposed
and the manufacturer's label approved by the
specified under 4626.1620 Sanitizers, Criteria,
federal Environmental Protection Agency.
shall be used according to this part and the
B. The sanitizer shall not exceed the amount
manufacturer's label approved by the federal
specified on the manufacturer's label approved Environmental Protection Agency in
by the federal Environmental Protection
accordance with the EPA approved
Agency.
manufacturer's label use instructions, and shall
C. If a sanitizer is used in an amount less than be used as follows:
the maximum amount specified on the label in A. A chlorine solution shall have a minimum
item B, the sanitizer shall be used as specified temperature based on the concentration and PH
in this item.
of the solution as listed in the following chart;
(1) Unless the product label specifies
otherwise,
a chlorine solution shall have a minimum
Minimum
Minimum
concentration of 50 ppm and:
Concentration
Temperature
(a) a minimum temperature of 24 degrees C
(75 degrees F) for water with a pH of eight or
MG/L
PH 10 or PH 8 or
less; or
less
less
(b) a minimum temperature of 38 degrees C
°C (°F)
°C (°F)
(100 degrees F) for water with a pH of 8.1 to
10.
25
49 (120) 49 (120)
(2) An iodine solution shall have:
(a) a minimum temperature of 24 degrees C
50
38 (100) 24 ( 75)
(75 degrees F);
(b) a pH of 5.0 or less, unless the
100
13 ( 55)
13 ( 55)
manufacturer's use directions included in the
labeling specify a higher pH limit of
B. The sanitizer shall not exceed the amount
effectiveness; and
specified on the manufacturer's label approved
(c) a concentration between 12.5 mg/L and
by the federal Environmental Protection
25 mg/L.
Agency.
(3) A quaternary ammonium compound
C. If a sanitizer is used in an amount less than
solution shall:
the maximum amount specified on the label in
(a) have a minimum temperature of 24
item B, the sanitizer shall be used as specified
degrees C (75 degrees F);
in this item.
(b) have a concentration specified in part
(1) Unless the product label specifies
4626.1620 and as indicated by the
otherwise,
manufacturer's use directions included in the
a chlorine solution shall have a minimum
labeling; and
concentration of 50 ppm and:
(c) be used only in water with 500 mg/L
(a) a minimum temperature of 24 degrees C
hardness or less or in water having a hardness
(75 degrees F) for water with a pH of eight or
no greater than specified by the manufacturer's less; or
label.
(b) a minimum temperature of 38 degrees C
D. Mechanical warewashing equipment shall
(100 degrees F) for water with a pH of 8.1 to
be equipped with a visual or audible warning
10.
device to permit the operator to easily verify
(2) B. An iodine solution shall have a:
137
Chapter 4
MN Current Code
Code Consensus Committee Proposed
when the sanitizing agent is depleted.
(a) (1) Minimum temperature of 24°C (75°F),
E. Other chemical sanitizers may be used if
(b) (2) PH of 5.0 or less, unless the
they are applied according to the
manufacturer's use directions included in the
manufacturer's use directions included in the
labeling specify a higher pH limit of
labeling.
effectiveness; or a PH no higher than the level
for which the manufacturer specifies the
solution is effective, and
(c) (3) Concentration between 12.5 MG/L and
25 MG/L;
(3) C. A quaternary ammonium compound
solution shall:
(a) (1) Have a minimum temperature of 24°C
(75°F),
(b) (2) Have a concentration as specified in
part 4626.1620 and as indicated by the
manufacturer's use directions included in the
labeling, and
(c) (3) Be used only in water with 500 MG/L
hardness or less or in water having a hardness
no greater than specified by the manufacturer's
label;
D. Mechanical warewashing equipment shall
be equipped with a visual or audible warning
device to permit the operator to easily verify
when the sanitizing agent is depleted.
E. Other chemical sanitizers may be used if
they are applied according to the
manufacturer's use directions included in the
labeling.
D. If another solution of a chemical specified
under items (A) - (C), of this section, is used,
the license holder shall demonstrate to the
regulatory authority that the solution
achieves sanitization and the use of the solution
shall be approved; or
E. If a chemical sanitizer other than chlorine,
iodine, or a quaternary ammonium compound
is used, it shall be applied in accordance with
the manufacturer’s use directions included in
the labeling.
4626.0810 4-501.115 MANUAL
4626.0810 4-501.115 MANUAL
WAREWASHING EQUIPMENT;
WAREWASHING EQUIPMENT;
CHEMICAL SANITIZATION USING
CHEMICAL SANITIZATION USING
DETERGENT-SANITIZERS.
DETERGENT-SANITIZERS.
138
Chapter 4
MN Current Code
Code Consensus Committee Proposed
If a detergent-sanitizer is used to sanitize in a
If a detergent-sanitizer is used to sanitize in a
cleaning and sanitizing procedure where there cleaning and sanitizing procedure where there
is no distinct water rinse between the washing is no distinct water rinse between the washing
and sanitizing steps, the agent applied in the
and sanitizing steps, the agent applied in the
cleaning step shall be the same detergentcleaning sanitizing step shall be the same
sanitizer.
detergent-sanitizer that is used in the washing
step.
4626.0815 4-501.116 WAREWASHING
4626.0815 4-501.116 WAREWASHING
EQUIPMENT; DETERMINING CHEMICAL EQUIPMENT; DETERMINING CHEMICAL
SANITIZER CONCENTRATION.
SANITIZER CONCENTRATION.
Concentration of the sanitizing solution shall
Concentration of the sanitizing solution shall
be accurately determined by using a test kit or be accurately determined by using a test kit or
other device.
other device.
4626.0820 4-502.11 GOOD REPAIR AND
466.0820 4-502.11 GOOD REPAIR AND
PROPER CALIBRATION.
PROPER CALIBRATION.
A. Utensils shall be maintained in a state of
A. Utensils shall be maintained in a state of
repair or condition that complies with parts
repair or condition that complies with parts
4626.0450 and 4626.0670 or shall be
4626.0450 and 4626.0670 or shall be
discarded.
discarded.
B. Temperature measuring devices shall be
B. Food temperature measuring devices shall
calibrated according to manufacturer's
be calibrated according to in accordance with
specifications as necessary to ensure their
manufacturer's specifications as necessary to
accuracy.
ensure their accuracy.
C. Ambient air temperature, water pressure,
and water temperature measuring devices shall
be maintained in good repair and be accurate
within the intended range of use.
4626.0825 4-502.12 SINGLE-SERVICE AND 4626.0825 4-502.12 Single-Service and
SINGLE-USE ARTICLES; REQUIRED
Single-Use Articles, Required Use.*
USE.*
A food establishment without facilities
A food establishment without facilities
specified in parts 4626.0840 to 4626.0905 for
specified in parts 4626.0840 to 4626.0905 for
cleaning and sanitizing kitchenware and
cleaning and sanitizing kitchenware and
tableware shall provide only single-use
tableware shall provide only single-use
kitchenware, single-service articles, and singlekitchenware, single-service articles, and
use articles for use by food employees and
single-use articles for use by food employees
single-service articles for use by consumers.
and single-service articles for use by the
consumer.
4626.0830 4-502.13 SINGLE-SERVICE AND 4626.0830 4-502.13 SINGLE-SERVICE AND
SINGLE-USE ARTICLES; RE-USE
SINGLE-USE ARTICLES; RE-USE
LIMITATION.
LIMITATION.
Single-service and single-use articles shall not A. Single-service and single-use articles shall
be re-used.
may not be reused.
B. The bulk milk container dispensing tube
139
Chapter 4
MN Current Code
Code Consensus Committee Proposed
shall be cut on the diagonal leaving no more
than one inch protruding from the chilled
dispensing head.
4626.0833 BULK MILK CONTAINERS.
4626.0833 BULK MILK CONTAINERS.
The bulk milk container dispensing tube shall
The bulk milk container dispensing tube shall
be cut on the diagonal leaving no more than
be cut on the diagonal leaving no more than
one inch protruding from the chilled
one inch protruding from the chilled dispensing
dispensing head.
head.
4626.0835 4-502.14 SHELLS; USE
4626.0835 4-502.14 Shells, Use Limitation.
LIMITATION.
Mollusk and crustacea shells shall may not be
Molluscan and crustacea shells shall not be
used more than once as serving containers.
used more than once as serving containers.
4626.0840 4-601.11 EQUIPMENT, FOOD4626.0840 4-601.11 EQUIPMENT, FOODCONTACT SURFACES, NON-FOODCONTACT SURFACES, NON-FOODCONTACT SURFACES, AND UTENSILS.* CONTACT SURFACES, AND UTENSILS.*
A. Equipment food-contact surfaces and
A. Equipment food-contact surfaces and
utensils shall be clean to sight and touch.
utensils shall be clean to sight and touch.
B. The food-contact surfaces of cooking
B. The food-contact surfaces of cooking
equipment and pans shall be kept free of
equipment and pans shall be kept free of
encrusted grease deposits and other soil
encrusted grease deposits and other soil
accumulations.N
accumulations.N
C. Non-food-contact surfaces of equipment
C. Nonfood-contact surfaces of equipment
shall be kept free of an accumulation of dust,
shall be kept free of an accumulation of dust,
dirt, food residue, and other debris.N
dirt, food residue, and other debris.N
D. Water filters used as part of a vending
D. Water filters used as part of a vending
machine shall be cleaned or replaced according machine shall be cleaned or replaced according
to the manufacturer's instructions.
to the manufacturer's instructions.
4626.0845 4-602.11 EQUIPMENT, FOOD4626.0845 4-602.11 Equipment FoodCONTACT SURFACES, AND UTENSILS.* Contact Surfaces and Utensils.*
A. Equipment food-contact surfaces and
A. Equipment food-contact surfaces and
utensils shall be cleaned:
utensils shall be cleaned:
(1) Except as specified in item (B) of this
(1) except as specified in item B, before each section, before each use with a different type of
use with a different type of raw animal food,
raw animal food including such as beef, fish,
including beef, fish, lamb, pork, or poultry;
lamb, pork, or poultry;
(2) each time there is a change from working
(2) Each time there is a change from working
with raw foods to working with ready-to-eat
with raw foods to working with ready-to-eat
foods;
foods;
(3) between uses with raw fruits or vegetables (3) Between uses with raw fruits or and
and with potentially hazardous food;
vegetables and with potentially hazardous food
(4) before using or storing a food temperature (Time/Temperature Control for Safety Food);
measuring device; and
(4) Before using or storing a food temperature
(5) at any time during the operation when
measuring device; and
contamination may have occurred.
(5) At any time during the operation when
140
Chapter 4
MN Current Code
Code Consensus Committee Proposed
B. Item A, subitem (1), does not apply if raw
contamination may have occurred.
animal
(B) Item A, subitem (1) of this section does not
foods that require cooking temperatures
apply if the food-contact surface or utensil is in
specified in part 4626.0340, item A, subitem
contact with a succession of different raw
(3), are prepared after foods that require
animal foods that require each requiring a
cooking temperatures specified in part
higher cooking temperatures as specified in
4626.0340, items A, subitems (1) and (2), and part 4626.0340, items A, subitems (1) and (2),
B.
and B than the previous food, such as preparing
C. Except as specified in item D, if used with
raw fish followed by cutting raw poultry on the
potentially hazardous food, equipment foodsame cutting board.
contact surfaces and utensils shall be cleaned
C. Except as specified in item (D) of this
throughout the day at least once every four
section, if used with potentially hazardous food
hours.
(Time/Temperature Control for Safety Food,
D. Surfaces of utensils and equipment
equipment food-contact surfaces and utensils
contacting potentially hazardous food may be
shall be cleaned throughout the day at least
cleaned less frequently than once every four
every four hours.
hours if:
D. Surfaces of utensils and equipment
(1) in storage, containers of potentially
contacting potentially hazardous food
hazardous food and their contents are
(Time/Temperature Control for Safety Food)
maintained at temperatures specified in parts
may be cleaned less frequently than every four
4626.0130 to 4626.0420 and the containers are hours if:
cleaned when they are empty;
(1) In storage, containers of potentially
(2) utensils and equipment are used to prepare hazardous food (Time/Temperature Control for
food in a refrigerated room that maintains the Safety Food) and their contents are maintained
utensils,
at temperatures specified in parts 4626.0130 to
equipment, and food under preparation at
4626.0420 and the containers are cleaned when
temperatures specified in parts 4626.0130 to
they are empty;
4626.0420 and the utensils and equipment are
(2) Utensils and equipment are used to
cleaned at least once every 24 hours;
prepare food in a refrigerated room or area that
(3) containers in salad bars, delis, cafeteria
is maintaineds at one of the temperatures in the
lines, and other serving situations that hold
following chart and:
ready-to-eat, potentially hazardous food that is
(a) The utensils and equipment and food
maintained at the temperatures specified in
under preparation at temperatures specified in
parts 4626.0130 to 4626.0420 are
parts 4626.0130 to 4626.0420 and the utensils
intermittently combined with additional
and equipment are cleaned at least once every
supplies of the same food that is at the required 24 hours; are cleaned at the frequency in the
temperature and are cleaned at least once every following chart that corresponds to the
24 hours;
temperature; and
(4) temperature measuring devices are
maintained in contact with foods that are held
Temperature
Cleaning
at temperatures specified in parts 4626.0130 to
Frequency
4626.0420; or
5.0ºC (41ºF) or less
24 hours
(5) equipment is used for storage of packaged
>5.0ºC - 7.2ºC
20 hours
or unpackaged food, including a reach-in
(>41ºF - 45ºF)
141
Chapter 4
MN Current Code
Code Consensus Committee Proposed
refrigerator, and the equipment is cleaned at a
>7.2ºC - 10.0ºC
16 hours
frequency necessary to preclude accumulation
(>45ºF - 50ºF)
of soil residues; or
>10.0ºC - 12.8ºC
10 hours
(6) the cleaning schedule is approved based
(>50ºF - 55ºF)
on consideration of:
(a) characteristics of the equipment and its
(b) The cleaning frequency based on the
use;
ambient temperature of the refrigerated room
(b) the type of food involved;
or area is documented in the food
(c) the amount of food residue
establishment.
accumulation; and
(3) Containers in serving situations such as
(d) the temperature at which the food is
salad bars, delis, and cafeteria lines and other
maintained during the operation and the
serving situations that hold ready-to-eat
potential for the rapid and progressive
potentially hazardous food (Time/Temperature
multiplication of pathogenic or toxigenic
Control for Safety Food) that is maintained at
microorganisms that are capable of causing
the temperatures specified in parts 4626.0130
foodborne disease.
to 4626.0420, are intermittently combined with
E. Except when dry cleaning methods are used additional supplies of the same food that is at
as
the required temperature, and the containers are
specified in part 4626.0860, surfaces of
cleaned at least once every 24 hours;
utensils and equipment contacting food that is
(4) Temperature measuring devices are
not potentially hazardous shall be cleaned:
maintained in contact with foods, such as when
(1) at any time when contamination may have left in a container of deli food or in a roast, that
occurred;
are held at temperatures specified in parts
(2) at least once every 24 hours for iced tea
4626.0130 to 4626.0420; or
dispensers and tongs, scoops, ladles, or other
(5) Equipment is used for storage of packaged
consumer self-service utensils;
or unpackaged food, including such as a reach(3) before restocking condiment dispensers,
in refrigerator and the equipment is cleaned at a
display containers, and other consumer selffrequency necessary to preclude accumulation
service equipment and utensils;
of soil residues; or
(4) for ice bins, beverage dispensing nozzles,
(6) The cleaning schedule is approved based
and the enclosed components of ice makers,
on consideration of:
beverage dispensing lines or tubes, coffee bean
(a) Characteristics of the equipment and its
grinders, and water vending equipment:
use,
(a) at a frequency specified by the
(b) The type of food involved,
manufacturer; or
(c) The amount of food residue
(b) absent manufacturer specifications, at a
accumulation, and
frequency necessary to preclude accumulation
(d) The temperature at which the food is
of soil or mold.
maintained during the operation and the
potential for the rapid and progressive
multiplication of pathogenic or toxigenic
microorganisms that are capable of causing
foodborne disease.; or
(7) In-use utensils are intermittently stored in
a container of water in which the water is
142
Chapter 4
MN Current Code
Code Consensus Committee Proposed
maintained at 57°C (135°F) or more and the
utensils and container are cleaned at least every
24 hours or at a frequency necessary to
preclude accumulation of soil residues.
(E) Except when dry cleaning methods are
used as specified in part 4626.0860, surfaces of
utensils and equipment contacting food that is
not potentially hazardous food
(Time/Temperature Control for Safety Food)
shall be cleaned:N
(1) At any time when contamination may
have occurred;
(2) At least once every 24 hours for iced tea
dispensers and consumer self-service utensils
such as tongs, scoops, or ladles and other
consumer self-service equipment and utensils;
(3) Before restocking consumer self-service
equipment and utensils such as condiment
dispensers and display containers and other
consumer self-service equipment and utensils;
and
(4) for In equipment such as ice bins and
beverage dispensing nozzles, and the enclosed
components of equipment such as ice makers,
cooking oil storage tanks and distribution lines,
beverage and syrup dispensing lines or tubes,
coffee bean
grinders, and water vending equipment:
(a) At a frequency specified by the
manufacturer, or
(b) Absent manufacturer specifications, at a
frequency necessary to preclude accumulation
of soil or mold.
4626.0850 4-602.12 COOKING AND
4626.0850 4-602.12 COOKING AND
BAKING EQUIPMENT.
BAKING EQUIPMENT.
A. The food-contact surfaces of cooking and
A. The food-contact surfaces of cooking and
baking equipment shall be cleaned at least
baking equipment shall be cleaned at least once
once every 24 hours. This part does not apply every 24 hours. This part section does not
to hot oil cooking and filtering equipment if it
apply to hot oil cooking and filtering
is cleaned as specified in part 4626.0845, item equipment if it is cleaned as specified in part
D, subitem (6).
4626.0845, item D, subitem (6).
B. The cavities and door seals of microwave
B. The cavities and door seals of microwave
ovens shall be cleaned at least once every 24
ovens shall be cleaned at least once every 24
hours by using the manufacturer's
hours by using the manufacturer's
143
Chapter 4
MN Current Code
Code Consensus Committee Proposed
recommended cleaning procedure.
recommended cleaning procedure.
4626.0855 4-602.13 NON-FOOD-CONTACT 4626.0855 4-602.13 NON-FOOD-CONTACT
SURFACES.
SURFACES.
Non-food-contact surfaces of equipment shall
Non-food-contact surfaces of equipment shall
be cleaned at a frequency necessary to
be cleaned at a frequency necessary to preclude
preclude accumulation of soil residues.
accumulation of soil residues.
4626.0860 4-603.11 DRY CLEANING.
4626.0860 4-603.11 Dry Cleaning.
A. If used, brushing, scraping, vacuuming,
(A) If used, dry cleaning methods such as
and other dry cleaning methods shall contact
brushing, scraping, and vacuuming, and other
only surfaces that are soiled with dry food
dry cleaning methods shall contact only
residues that are not potentially hazardous.
surfaces that are soiled with dry food residues
B. Cleaning equipment used in dry cleaning
that are not potentially hazardous
food-contact surfaces shall not be used for any (Time/Temperature Control For Safety Food).
other purpose.
(B) Cleaning equipment used in dry cleaning
food-contact surfaces shall may not be used for
any other purpose.
4626.0865 4-603.12 PRECLEANING.
4626.0865 4-603.12 PRECLEANING.
A. Food debris on equipment and utensils
A. Food debris on equipment and utensils shall
shall be scrapped over a waste disposal unit,
be scrapped over a waste disposal unit,
scupper, or garbage receptacle or shall be
scupper, or garbage receptacle or shall be
removed in a warewashing machine with a
removed in a warewashing machine with a
prewash cycle.
prewash cycle.
B. If necessary for effective cleaning, utensils B. If necessary for effective cleaning, utensils
and equipment shall be preflushed, presoaked, and equipment shall be preflushed, presoaked,
or scrubbed with abrasives.
or scrubbed with abrasives.
4626.0870 4-603.13 LOADING OF SOILED
4626.0870 4-603.13 LOADING OF SOILED
ITEMS; WAREWASHING MACHINES.
ITEMS; WAREWASHING MACHINES.
Soiled items to be cleaned in a warewashing
Soiled items to be cleaned in a warewashing
machine shall be loaded into racks, trays, or
machine shall be loaded into racks, trays, or
baskets or onto conveyors in a position that:
baskets or onto conveyors in a position that:
A. exposes the items to the unobstructed spray A. exposes the items to the unobstructed spray
from all cycles; and
from all cycles; and
B. allows the items to drain.
B. allows the items to drain.
4626.0875 4-603.14 WET CLEANING.
4626.0875 4-603.14 Wet Cleaning.
(A) Equipment food-contact surfaces and
A. Equipment food-contact surfaces and
utensils shall be effectively washed to remove
utensils shall be effectively washed to remove or completely loosen soils by using the manual
or completely loosen soils by using the manual or mechanical means necessary, including such
or mechanical means necessary, including the
as the application of detergents containing
application of detergents containing wetting
wetting agents and emulsifiers; acid, alkaline,
agents and emulsifiers; acid, alkaline, or
or abrasive cleaners; hot water; brushes;
abrasive cleaners; hot water; brushes; scouring scouring pads; high-pressure sprays; or
pads; high-pressure sprays; or ultrasonic
ultrasonic devices.
devices.
(B) The washing procedures selected shall be
144
Chapter 4
MN Current Code
Code Consensus Committee Proposed
B. The washing procedures selected shall be
based on the type and purpose of the equipment
based on the type and purpose of the
or utensil, and on the type of soil to be
equipment or utensil and on the type of soil to removed.
be removed.
4626.0880 4-603.15 WASHING;
4626.0880 4-603.15 Washing, Procedures for
PROCEDURES FOR ALTERNATIVE
Alternative Manual Warewashing
MANUAL WAREWASHING EQUIPMENT. Equipment.
When the equipment is fixed, the utensils are
If washing in sink compartments or a
too large, or washing in sink compartments or
warewasing machine is impractical such as
a warewashing machine is otherwise
Wwhen the equipment is fixed or the utensils
impractical, washing shall be done by using
are too large, or washing in sink compartments
alternative manual warewashing equipment
or a warewashing machine is otherwise
specified in part 4626.0680, item C, according impractical, washing shall be done by using
to the following procedures:
alternative manual warewashing equipment as
specified in part 4626.0680, item C, according
A. equipment shall be disassembled as
to in accordance with the following procedures:
necessary to allow access of the detergent
(A) Equipment shall be disassembled as
solution to all parts;
necessary to allow access of the detergent
B. equipment components and utensils shall
solution to all parts;
be scrapped or roughly cleaned to remove food (B) Equipment components and utensils shall
particle accumulation; and
be scrapped or roughly cleaned to remove food
C. equipment and utensils shall be washed as
particle accumulation; and
specified in part 4626.0875, item A.
(C) Equipment and utensils shall be washed as
specified in part 4626.0875, item A.
4626.0885 4-603.16 RINSING
4626.0885 4-603.16 RINSING
PROCEDURES.
PROCEDURES.
Washed utensils and equipment shall be rinsed Washed utensils and equipment shall be rinsed
to remove abrasives and to remove or dilute
to remove so that abrasives are removed and
cleaning chemicals with water or a detergentcleaning chemicals are and to removed or
sanitizer solution using one of the following
diluted cleaning chemicals with through the use
procedures:
of water or a detergent-sanitizer solution by
A. use of a distinct, separate water rinse after
using one of the following procedures:
washing and before sanitizing if using:
A. Use of a distinct, separate water rinse after
(1) a three-compartment sink;
washing and before sanitizing if using:
(2) alternative manual warewashing
(1) A three-compartment sink,
equipment equivalent to a three-compartment
(2) Alternative manual warewashing
sink specified in part 4626.0680, item C,
equipment equivalent to a three-compartment
subitem (1); or
sink as specified in part 4626.0680, item C,
(3) a three-step washing, rinsing, and
subitem (1); or
sanitizing procedure in a warewashing system
(3) A three-step washing, rinsing, and
for CIP equipment;
sanitizing procedure in a warewashing system
B. use of a detergent-sanitizer specified in part for CIP equipment;
4626.0810 if using:
B. Use of a detergent-sanitizer as specified in
(1) alternative warewashing equipment
part 4626.0810 if using:
145
Chapter 4
MN Current Code
Code Consensus Committee Proposed
specified in part 4626.0680, item C, that is
(1) Alternative warewashing equipment as
approved for use with a detergent-sanitizer; or specified in part 4626.0680, item C that is
(2) a warewashing system for CIP equipment; approved for use with a detergent-sanitizer, or
C. use of a nondistinct water rinse that is
(2) A warewashing system for CIP
integrated in the hot water sanitization
equipment;
immersion step of a two-compartment sink
C. Use of a nondistinct water rinse that is
operation;
integrated in the hot water sanitization
D. if using a warewashing machine that does
immersion step of a two-compartment sink
not recycle the sanitizing solution as specified operation;
in item E, or alternative manual warewashing
D. If using a warewashing machine that does
equipment, including sprayers, use of a
not recycle the sanitizing solution as specified
nondistinct water rinse that is:
in item E of this section, or alternative manual
(1) integrated in the application of the
warewashing equipment, including such as
sanitizing solution; and
sprayers, use of a nondistinct water rinse that
(2) wasted immediately after each
is:
application; or
(1) Integrated in the application of the
E. if using a warewashing machine that
sanitizing solution, and
recycles the sanitizing solution for use in the
(2) Wasted immediately after each
next wash cycle, use of a nondistinct water
application; or
rinse that is integrated in the application of the E. If using a warewashing machine that
sanitizing solution.
recycles the sanitizing solution for use in the
next wash cycle, use of a nondistinct water
rinse that is integrated in the application of the
sanitizing solution.
4626.0890 4-603.17 RETURNABLES;
4626.0890 4-603.17 Returnables, Cleaning
CLEANING FOR REFILLING.*
for Refilling.*
A. Except as specified in items B and C,
(A) Except as specified in items (B) and (C) of
returned empty containers intended for
this section, returned empty containers
cleaning and refilling with food shall be
intended for cleaning and refilling with food
cleaned and refilled in a regulated food
shall be cleaned and refilled in a regulated food
processing plant.
processing plant.
B. A food-specific container for beverages
(B) A food-specific container for beverages
may be refilled at a food establishment if:
may be refilled at a food establishment if:
(1) only a beverage that is not a potentially
(1) Only a beverage that is not a potentially
hazardous food is used as specified in part
hazardous food (Time/Temperature Control
4626.0295, item A;
For Safety Food) is used as specified in part
(2) the design of the container and of the
4626.0295, item A;
rinsing equipment and the nature of the
(2) The design of the container and of the
beverage, when considered together, allow
rinsing equipment and the nature of the
effective cleaning at home or in the food
beverage, when considered together, allow
establishment;
effective cleaning at home or in the food
(3) facilities for rinsing with fresh, hot water
establishment;
that is under pressure and not recirculated are
(3) Facilities for rinsing before refilling
provided, before refilling returned containers,
returned containers with fresh, hot water that is
146
Chapter 4
MN Current Code
Code Consensus Committee Proposed
as part of the dispensing system;
under pressure and not recirculated are
(4) the consumer-owned container returned to provided, before refilling returned containers,
the food establishment for refilling is refilled
as part of the dispensing system;
for sale or service only to the same consumer;
(4) The consumer-owned container returned
and
to the food establishment for refilling is refilled
(5) the container is refilled by:
for sale or service only to the same consumer;
(a) an employee of the food establishment;
and
or
(5) The container is refilled by:
(b) the owner of the container if the
(a) An employee of the food establishment, or
beverage system includes a contamination-free (b) The owner of the container if the beverage
transfer process that cannot be bypassed by the system includes a contamination-free transfer
container owner.
process that cannot be bypassed by the
C. Consumer-owned containers that are not
container owner.
food-specific may be filled at a water vending (C) Consumer-owned containers that are not
machine or system.
food-specific may be filled at a water vending
machine or system.
4626.0895 4-701.11 FOOD-CONTACT
4626.0895 4-701.11 FOOD-CONTACT
SURFACES AND UTENSILS.*
SURFACES AND UTENSILS.*
Equipment food-contact surfaces and utensils
Equipment food-contact surfaces and utensils
shall be sanitized.
shall be sanitized.
4626.0900 4-702.11 BEFORE USE AFTER
4626.0900 4-702.11 BEFORE USE AFTER
CLEANING.*
CLEANING.*
Utensils and food-contact surfaces of
Utensils and food-contact surfaces of
equipment shall be sanitized before use after
equipment shall be sanitized before use after
cleaning.
cleaning.
4626.0905 4-703.11 HOT WATER AND
4626.0905 4-703.11 HOT WATER AND
CHEMICAL.*
CHEMICAL.*
After being cleaned, equipment food-contact
After being cleaned, equipment food-contact
surfaces and utensils shall be sanitized in:
surfaces and utensils shall be sanitized in:
A. hot water manual operations by immersion A. Hot water manual operations by immersion
for at least 30 seconds as specified in part
for at least 30 seconds and as specified in part
4626.0790;
4626.0790;
B. hot water mechanical operations by being
B. Hot water mechanical operations by being
cycled through equipment that is set up as
cycled through equipment that is set up as
specified in parts 4626.0755, 4626.0795, and
specified in parts 4626.0755, 4626.0795, and
4626.0800 and achieving a utensil surface
4626.0800 and achieving a utensil surface
temperature of 71 degrees C (160 degrees F) as temperature of 71°C (160°F) as measured by
measured by an irreversible registering
an irreversible registering temperature
temperature indicator; or
indicator; or
C. chemical manual or mechanical operations, C. Chemical manual or mechanical operations,
including the application of sanitizing
including the application of sanitizing
chemicals by immersion, manual swabbing,
chemicals by immersion, manual swabbing,
brushing, or pressure spraying methods, using brushing, or pressure spraying methods, using a
a solution specified in part 4626.0805 by
solution as specified in part 4626.0805 by
147
Chapter 4
MN Current Code
Code Consensus Committee Proposed
providing:
providing:
(1) an exposure time of at least ten seconds
(1) Except as specified under Subparagraph
for a chlorine solution;
(C)(2) of this section, an exposure time of at
(2) an exposure time of at least 30 seconds for least ten seconds for a chlorine solution as
other chemical sanitizer solutions; or
specified in part 4626.0805,
(3) an exposure time used in relationship with
(2) An exposure time of at least seven seconds
a combination of temperature, concentration,
for a chlorine solution of 50 MG/L that has a
and pH that, when evaluated for efficacy,
PH of 10 or less and a temperature of at least
yields sanitization as defined in part
38°C (100°F) or a PH of eight or less and a
4626.0020, subpart 75.
temperature of at least 24°C (75°F),
(2) (3) An exposure time of at least 30
seconds for other chemical sanitizing solutions,
or
(3) (4) An exposure time used in relationship
with a combination of temperature,
concentration, and PH that, when evaluated for
efficacy, yields sanitization as defined in part
4626.0020, subpart 75.
4626.0910 4-801.11 CLEAN LINENS.
4626.0910 4-801.11 Clean Linens.
Clean linens shall be free from food residues
Clean linens shall be free from food residues
and other soil.
and other soiling matter.
4626.0915 4-802.11 FREQUENCY OF
4626.0915 4-802.11 Specifications.
LAUNDERING.
FREQUENCY OF LAUNDERING.
A. Linens that do not come in direct contact
A. Linens that do not come in direct contact
with food shall be laundered between uses if
with food shall be laundered between uses
they become wet, sticky, or visibly soiled.
operations if they become wet, sticky, or
B. Cloth gloves specified in part 4626.0287,
visibly soiled.
item D, shall be laundered before being used
B. Cloth gloves used as specified in part
with a different type of raw animal food,
4626.0287, item D shall be laundered before
including beef, lamb, poultry, pork, and fish.
being used with a different type of raw animal
C. Linens used as specified in part 4626.0280 food including such as beef, fish, lamb, poultry
and cloth napkins shall be laundered between
pork or poultry and fish.
each use.
C. Linens and napkins that are used as
D. Wet wiping cloths shall be laundered
specified in part 4626.0280 and cloth napkins
before being used with a fresh solution of
shall be laundered between each use.
cleanser or sanitizer.
D. Wet wiping cloths shall be laundered before
E. Dry wiping cloths shall be laundered as
being used with a fresh solution of cleanser or
necessary to prevent contamination of food
sanitizer daily.
and clean serving utensils.
E. Dry wiping cloths shall be laundered as
necessary to prevent contamination of food and
clean serving utensils.
4626.0920 4-803.11 STORAGE OF SOILED
4626.0920 4-803.11 STORAGE OF SOILED
LINENS.
LINENS.
Soiled linens shall be kept in clean,
Soiled linens shall be kept in clean,
148
Chapter 4
MN Current Code
Code Consensus Committee Proposed
nonabsorbent receptacles or clean, washable
nonabsorbent receptacles or clean, washable
laundry bags and stored and transported to
laundry bags and stored and transported to
prevent contamination of food, clean
prevent contamination of food, clean
equipment, clean utensils, and single-service
equipment, clean utensils, and single-service
and single-use articles.
and single-use articles.
4626.0925 4-803.12 MECHANICAL
4626.0925 4-803.12 MECHANICAL
WASHING.
WASHING.
A. Except as specified in item B, linens shall
A. Except as specified in item B of this
be mechanically washed.
section, linens shall be mechanically washed.
B. In food establishments in which only
B. In food establishments in which only
wiping cloths are laundered as specified in part wiping cloths are laundered as specified in part
4626.0695, item B, the wiping cloths may be
4626.0695, item B, the wiping cloths may be
laundered in a mechanical washer, a sink
laundered in a mechanical washer, a sink
designated only for laundering wiping cloths,
designated only for laundering wiping cloths,
or a warewashing or food preparation sink that or a warewashing or food preparation sink that
is cleaned as specified in part 4626.0750.
is cleaned as specified in part 4626.0750.
4626.0930 4-803.13 USE OF LAUNDRY
4626.0930 4-803.13 USE OF LAUNDRY
FACILITIES.
FACILITIES.
A. Except as specified in item B, laundry
A. Except as specified in item B of this
facilities on the premises of a food
section, laundry facilities on the premises of a
establishment shall be used only for the
food establishment shall be used only for the
washing and drying of items used in the
washing and drying of items used in the
operation of the establishment.
operation of the establishment.
B. Separate laundry facilities located on the
B. Separate laundry facilities located on the
premises for general laundering for institutions premises for the purpose of general laundering
providing boarding and lodging may also be
such as for institutions providing boarding and
used for laundering food establishment items.
lodging may also be used for laundering food
establishment items.
4626.0935 4-901.11 EQUIPMENT AND
4626.0935 4-901.11 Equipment and Utensils,
UTENSILS; AIR-DRYING REQUIRED.
Air-Drying Required.
A. Except as specified in item C, after
A. Except as specified in item C, aAfter
cleaning and sanitizing, equipment and utensils cleaning and sanitizing, equipment and utensils
shall not be cloth-dried.
shall not be cloth-dried.:
B. Equipment and utensils shall be air-dried or (A) Shall be air-dried or used after adequate
used after adequate draining before contact
draining as specified in the first paragraph of
with food.
40 CFR 180.940 Tolerance exemptions for
C. Utensils that have been air-dried may be
active and inert ingredients for use in
polished with cloths that are maintained clean
antimicrobial formulations (food-contact
and dry.
surface SANITIZING solutions), B. Equipment
and utensils shall be air-dried or used after
adequate draining before contact with FOOD;
and
(B) May not be cloth dried except that C.
UTENSILS that have been air-dried may be
149
Chapter 4
MN Current Code
Code Consensus Committee Proposed
polished with cloths that are maintained clean
and dry.
4626.0940 4-901.12 WIPING CLOTHS; AIR- 4626.0940 4-901.12 WIPING CLOTHS; AIRDRYING LOCATIONS.
DRYING LOCATIONS.
Wiping cloths laundered in a food
Wiping cloths laundered in a food
establishment that does not have a mechanical establishment that does not have a mechanical
clothes dryer specified in part 4626.0695, item clothes dryer specified in part 4626.0695, item
B, shall be air-dried in a location and in a
B, shall be air-dried in a location and in a
manner that prevents contamination of food,
manner that prevents contamination of food,
equipment, utensils, linens, single-service and equipment, utensils, linens, single-service and
single-use articles, and wiping cloths. This
single-use articles, and the wiping cloths. This
part does not apply if wiping cloths are stored
part does not apply if wiping cloths are stored
after laundering in a sanitizing solution
after laundering in a sanitizing solution as
specified in part 4626.0805.
specified in part 4626.0805.
4626.0945 4-902.11 LUBRICANTS.
4626.0945 4-902.11 LUBRICANTS.
Lubricants shall be applied to food-contact
Lubricants as specified in part 4626.1640 shall
surfaces that require lubrication in a manner
be applied to food-contact surfaces that require
that does not contaminate the food-contact
lubrication in a manner that does not
surfaces.
contaminate the food-contact surfaces.
4626.0950 4-902.12 EQUIPMENT
4626.0950 4-902.12 EQUIPMENT
REASSEMBLY.
REASSEMBLY.
Equipment shall be reassembled so that foodEquipment shall be reassembled so that foodcontact surfaces are not contaminated.
contact surfaces are not contaminated.
4626.0955 4-903.11 EQUIPMENT,
4626.0955 4-903.11 EQUIPMENT,
UTENSILS, LINENS, AND SINGLEUTENSILS, LINENS, AND SINGLESERVICE AND SINGLE-USE ARTICLES;
SERVICE AND SINGLE-USE ARTICLES;
STORAGE.
STORAGE.
A. Except as specified in item D, clean
A. Except as specified in item D of this section
equipment and utensils, laundered linens, and
clean equipment and utensils, laundered linens,
single-service and single-use articles shall be
and single-service and single-use articles shall
stored:
be stored:
(1) in a clean, dry location;
(1) in a clean, dry location;
(2) where they are not exposed to splash,
(2) where they are not exposed to splash, dust,
dust, or other contamination; and
or other contamination; and
(3) at least 15 centimeters (six inches) above
(3) at least 15 centimeters (six inches) above
the floor.
the floor.
B. Clean equipment and utensils shall be
B. Clean equipment and utensils shall be
stored as specified in item A and shall be
stored as specified in item A of this section and
stored:
shall be stored:
(1) in a self-draining position that permits air
(1) in a self-draining position that permits
drying; and
allows air drying; and
(2) covered or inverted.
(2) covered or inverted.
C. Single-service and single-use articles shall C. Single-service and single-use articles shall
be stored as specified in item A and shall be
be stored as specified in item A of this section
150
Chapter 4
MN Current Code
Code Consensus Committee Proposed
kept in the original protective package or
and shall be kept in the original protective
stored by using other means that afford
package or stored by using other means that
protection from contamination until used.
afford protection from contamination until
D. Items that are kept in closed packages may used.
be stored less than 15 centimeters (six inches)
D. Items that are kept in closed packages may
above the floor on dollies, pallets, racks, and
be stored less than 15 centimeters (six inches)
skids that are designed as provided in part
above the floor on dollies, pallets, racks, and
4626.0665.
skids that are designed as provided specified in
part 4626.0665.
4626.0960 4-903.12 STORAGE
PROHIBITIONS.
A. Except as specified in item B, cleaned and
sanitized equipment, utensils, laundered linens,
or single-service and single-use articles shall
not be stored:
(1) in a locker room;
(2) in a toilet room;
(3) in a garbage room;
(4) in a mechanical room;
(5) under a sewer line that is not shielded to
intercept potential drips;
(6) under a leaking water line including a
leaking automatic fire sprinkler head or under
a line on which water has condensed;
(7) under an open stairwell; or
(8) under any other source of contamination.
B. Laundered linens and single-service and
single-use articles that are packaged or in a
cabinet or similar facility may be stored in a
locker room.
4626.0965 4-904.11 KITCHENWARE AND
TABLEWARE.
A. Single-service and single-use articles and
cleaned and sanitized utensils shall be handled,
displayed, and dispensed so that contamination
of food-contact and lip-contact surfaces is
prevented.
B. Knives, forks, and spoons that are not
prewrapped shall be presented so that only the
handles are touched by employees and by
consumers if consumer self-service is
provided.
4626.0960 4-903.12 STORAGE
PROHIBITIONS.
A. Except as specified in item B of this
section, cleaned and sanitized equipment,
utensils, laundered linens, or single-service and
single-use articles shall may not be stored:
(1) in a locker rooms;
(2) in a toilet rooms;
(3) in a garbage rooms;
(4) in a mechanical rooms;
(5) under a sewer lines that is not shielded to
intercept potential drips;
(6) under a leaking water lines including a
leaking automatic fire sprinkler heads or under
a lines on which water has condensed;
(7) under an open stairwells; or
(8) under any other sources of contamination.
B. Laundered linens and single-service and
single-use articles that are packaged or in a
cabinet or similar facility such as a cabinet may
be stored in a locker room.
4626.0965 4-904.11 KITCHENWARE AND
TABLEWARE.
A. Single-service and single-use articles and
cleaned and sanitized utensils shall be handled,
displayed, and dispensed so that contamination
of food-contact and lip-contact surfaces is
prevented.
B. Knives, forks, and spoons that are not
prewrapped shall be presented so that only the
handles are touched by employees and by
consumers if consumer self-service is provided.
C. Except as specified in item B of this
151
Chapter 4
MN Current Code
Code Consensus Committee Proposed
C. Except as specified in item B, singlesection, single-service articles that are intended
service articles that are intended for food
for food- contact or lip-contact shall be
contact or lip contact shall be furnished for
furnished for consumer self-service with the
consumer self-service with the original
original individual wrapper intact or from an
individual wrapper intact or from an approved approved dispenser.
dispenser.
4626.0970 4-904.12 SOILED AND CLEAN
4626.0970 4-904.12 SOILED AND CLEAN
TABLEWARE.
TABLEWARE.
Soiled tableware shall be removed from
Soiled tableware shall be removed from
consumer eating and drinking areas and
consumer eating and drinking areas and
handled so that clean tableware is not
handled so that clean tableware is not
contaminated.
contaminated.
4626.0975 4-904.13 PRESET TABLEWARE. 426.0975 4-904.13 PRESET TABLEWARE.
Tableware may be preset if:
(A) Tableware may be that is preset if: A. it is
A. it is protected from contamination by being shall be protected from contamination by being
wrapped, covered, or inverted;
wrapped, covered, or inverted.
B. it is exposed and unused settings are
(B) When Tableware is preset, it is exposed,
removed when a consumer is seated; or
and unused settings are removed when a
C. it is exposed, unused settings are not
consumer is seated; or shall be:
removed when a consumer is seated, and the
(1) Removed when a consumer is seated; or
unused settings are cleaned and sanitized
(2) Cleaned and sanitized before further use
before further use.
if the settings are not removed when a
consumer is seated.
C. it is exposed, unused settings are not
removed when a consumer is seated, and the
unused settings are cleaned and sanitized
before further use.
152
Chapter 5
MN Current Code
Code Consensus Committee Proposed
4626.0980 5-101.11 APPROVED SOURCE
4626.0980 5-101.11 APPROVED SOURCE
REQUIREMENT.*
REQUIREMENT SYSTEM.*
Drinking water shall be obtained only from a
Drinking water shall be obtained from an
source that meets the requirements specified in approved source that meets the requirements
chapters 4720 and 4725 and Minnesota
specified in is:
Statutes, section 31.175.
(A) A public water system; or
(B) A nonpublic water system that is
constructed, maintained, and operated
according to MN Chapters 4720 and 4725 and
Minnesota Statutes, section 31.175.
4626.0985 5-101.12 SYSTEM FLUSHING
4626.0985 5-101.12 SYSTEM FLUSHING
AND DISINFECTION.*
AND DISINFECTION.*
A drinking water system shall be flushed and
A drinking water system shall be flushed and
disinfected according to chapters 4715, 4720,
disinfected according to chapters 4715, 4720,
and 4725 before being placed in service after
and 4725 before being placed in service after
construction, repair, or modification and after a construction, repair, or modification and after a
flood or other emergency situation that may
flood or other an emergency situation, such as
introduce contamination to the system.
a flood, that may introduce contaminants to the
system.
4626.0990 5-101.13 BOTTLED DRINKING 4626.0990 5-101.13 BOTTLED DRINKING
WATER.*
WATER.*
Bottled drinking water used or sold in a food
Bottled drinking water used or sold in a food
establishment shall be obtained from approved establishment shall be obtained from approved
sources according to Code of Federal
sources according to Code of Federal
Regulations, title 21, part 129, and comply
Regulations, title 21, part 129, in accordance
with parts 1550.3200 to 1550.3320.
with 21 CFR 129 - Processing and Bottling of
Bottled drinking water and comply with parts
1550.3200 to 1550.3320.
4626.0995 5-102.11 DRINKING WATER
4626.0995 5-102.11 DRINKING WATER
STANDARDS.*
STANDARDS.*
Drinking water shall meet the requirements of
Drinking water shall meet the requirements of
chapters 4715, 4720, and 4725.
chapters 4715, 4720, and 4725.
Except as specified under 4626.1000:
A. Water from a public water system shall
meet 40 CFR 141 - National Primary Drinking
Water Regulations and state drinking water
quality standards; and
B. Water from a nonpublic water system shall
meet state drinking water quality standards.
4626.1000 5-102.12 NONDRINKING
4626.1000 5-102.12 NONDRINKING
WATER.*
WATER.*
Nondrinking water shall be used only for air
A. A nondrinking water supply shall be used
conditioning, nonfood equipment cooling, fire only if its use is approved.
153
Chapter 5
MN Current Code
Code Consensus Committee Proposed
protection, irrigation, and other nonculinary
B. Nondrinking water shall be used only for
purposes.
nonculinary purposes such as air conditioning,
nonfood equipment cooling, fire protection,
and irrigation, and other nonculinary purposes.
4626.1005 5-102.13 SAMPLING.
4626.1005 5-102.13 SAMPLING
Except when used as specified in part
Except when used as specified in part
4626.1000, water shall be sampled and tested
4626.1000, water shall be sampled and tested
as required in chapter 4720.
as required in chapter 4720.
4626.1010 5-102.14 SAMPLE REPORT.
4626.1010 5-102.14 SAMPLE REPORT.
The most recent report of water quality shall be The most recent report of water quality shall be
retained on file in the food establishment and
retained on file in the food establishment and
the report shall be maintained as specified in
the report shall be maintained as specified in
chapter 4720.
chapter 4720.
4626.1015 5-103.11 WATER SYSTEM
4626.1015 5-103.11 WATER SYSTEM
CAPACITY.*
CAPACITY.*
The water source and system shall be of
A. The water source and system shall be of
sufficient capacity to meet the water demands
sufficient capacity to meet the peak water
of the food establishment.
demands of the food establishment.
B. Hot water generation and distribution
systems shall be sufficient to meet the peak hot
water demands throughout the food
establishment.
4626.1020 5-103.12 WATER PRESSURE.
4626.1020 5-103.12 WATER PRESSURE.
Water under pressure shall be provided to all
Water under pressure shall be provided to all
fixtures, equipment, and nonfood equipment
fixtures, equipment, and nonfood equipment
that are required to use water except that water that are required to use water except that water
supplied as specified in part 4626.1035, items
supplied as specified in part 4626.1035, items
A and B, to a temporary food establishment or A and B, to a temporary food establishment or
in response to a temporary interruption of a
in response to a temporary interruption of a
water supply need not be under pressure.
water supply need not be under pressure.
4626.1025 5-103.13 HOT WATER.
4626.1025 5-103.13 HOT WATER.
Hot water generation and distribution systems
Hot water generation and distribution systems
shall be sufficient to meet the peak hot water
shall be sufficient to meet the peak hot water
demands throughout the food establishment.
demands throughout the food establishment.
4626.1030 5-104.11 WATER SYSTEM.
4626.1030 5-104.11 WATER SYSTEM.
Water shall be received from the source
Water shall be received from the source
through the use of:
through the use of:
A. an approved public water main regulated
A. an approved public water main regulated
under chapter 4720; or
under chapter 4720; or
B. one or more of the following:
B. one or more of the following:
(1) a nonpublic water main, water pumps,
(1) a nonpublic water main, water pumps,
pipes, connections, and other appurtenances
pipes, hoses, connections, and other
that comply with chapter 4715;
appurtenances that comply with chapter 4715;
(2) water transport vehicles that comply with
(2) water transport vehicles that comply with
154
Chapter 5
MN Current Code
Code Consensus Committee Proposed
parts 4720.4000 to 4720.4400;
parts 4720.4000 to 4720.4400; or
(3) hoses that comply with NSF International
(3) hoses that comply with NSF International
Standard No. 51, which is incorporated by
Standard No. 51, which is incorporated by
reference in part 4626.0505; or
reference in part 4626.0505; or
(4) water containers that comply with parts
(4) (3) water containers that comply with
4626.1135 to 4626.1175 and 4720.4000 to
parts 4626.1135 to 4626.1175 and 4720.4000
4720.4400.
to 4720.4400.
4626.1035 5-104.12 ALTERNATIVE
4626.1035 5-104.12 ALTERNATIVE
WATER SUPPLY.
WATER SUPPLY.
Water meeting the requirements of parts
Water meeting the requirements of parts
4626.0980 to
4626.0980 to 4626.1025 shall be made
4626.1025 shall be made available for a
available for a mobile establishment, for a
mobile establishment, a temporary food
temporary food establishment without a
establishment without a permanent water
permanent water supply, and for a food
supply, and a food establishment with a
establishment with a temporary interruption of
temporary interruption of its water supply
its water supply through:
through:
A. A supply of containers of commercially
A. containers of commercially bottled
bottled drinking water that comply with parts
drinking water that comply with parts
1550.3200 to 1550.3320;
1550.3200 to 1550.3320;
B. One or more closed portable water
B. one or more closed portable water
containers that comply with parts 4720.4000 to
containers that comply with parts 4720.4000 to 4720.4400;
4720.4400;
C. An enclosed vehicular water tank that
C. an enclosed vehicular water tank that
complies with parts 4720.4000 to 4720.4400;
complies with parts 4720.4000 to 4720.4400;
D. An on-premises water storage tank; or
or
D. E. Piping, tubing, or hoses connected to an
D. piping, tubing, or hoses connected to an
adjacent approved source that complies with
adjacent source that complies with part
part 4626.1160, chapters 4715, 4720 and 4725
4626.1160, chapters 4720 and 4725, and NSF
and NSF International Standard No. 51, which
International Standard No. 51, which is
is incorporated by reference in part 4626.0505.
incorporated by reference in part 4626.0505.
4626.1040 5-201.11 APPROVED
4626.1040 5-201.11 APPROVED
MATERIALS.* A. A plumbing system and
MATERIALS.*
A. A plumbing system conveying water shall
hoses conveying water shall be constructed and
be constructed and repaired with approved
repaired with approved materials according to
materials according to chapter 4715 and
chapter 4715 and Minnesota Statutes, sections
Minnesota Statutes, sections 326.37 to 326.45. 326.37 to 326.45.
B. A water filter shall be made of safe
B. A water filter shall be made of safe
materials and comply with the applicable NSF materials. and comply with the applicable NSF
International standards:
International standards:
(1) Standard No. 42, Drinking Water
(1) Standard No. 42, Drinking Water
Treatment Unit - Aesthetic Effects, 1988 and
Treatment Unit - Aesthetic Effects, 1988 and
subsequent editions;
subsequent editions;
(2) Standard No. 44, Cation Exchange Water
(2) Standard No. 44, Cation Exchange Water
155
Chapter 5
MN Current Code
Code Consensus Committee Proposed
Softeners, 1987 and subsequent editions;
Softeners, 1987 and subsequent editions;
(3) Standard No. 53, Drinking Water
(3) Standard No. 53, Drinking Water
Treatment Units - Health Effects, 1996 and
Treatment Units - Health Effects, 1996 and
subsequent editions; or
subsequent editions; or
(4) Standard No. 58, Reverse Osmosis
(4) Standard No. 58, Reverse Osmosis
Drinking Water Systems, 1996 and subsequent Drinking Water Systems, 1996 and subsequent
editions.
editions.
C. The NSF International standards specified
C. The NSF International standards specified
in item B are incorporated by reference, are not in item B are incorporated by reference, are not
subject to frequent change, and are available
subject to frequent change, and are available
through the Minitex interlibrary loan system.
through the Minitex interlibrary loan system.
4626.1045 5-202.11 APPROVED SYSTEM
4626.1045 5-202.11 APPROVED SYSTEM
AND CLEANABLE FIXTURES.*
AND CLEANABLE FIXTURES.*
A. A plumbing system shall be designed,
A. A plumbing system shall be designed,
constructed, and installed according to chapter constructed, and installed according to chapter
4715 and Minnesota Statutes, sections 326.37
4715 and Minnesota Statutes, sections 326.37
to 326.45.
to 326.45.
B. A handwashing lavatory, toilet, urinal, or
B. A handwashing lavatory, toilet, urinal, or
other plumbing fixture shall be easily
other plumbing fixture such as a handwashing
cleanable.N
sink, toilet, or urinal shall be easily cleanable.N
4626.1050 5-202.12 HANDWASHING
4626.1050 5-202.12 HANDWASHING
LAVATORY; WATER TEMPERATURE
LAVATORY; WATER TEMPERATURE
AND FLOW.
AND FLOW SINK; INSTALLATION.
A. A handwashing lavatory shall be equipped A. A handwashing lavatory sink shall be
to provide water at a temperature of at least 43 equipped to provide water at a temperature of
degrees C (110 degrees F) through a mixing
at least 43 degrees C (110 degrees F) 38°C
valve or combination faucet.
(100°F) through a mixing valve or combination
B. A steam mixing valve shall not be used at a faucet.
handwashing lavatory.
B. A steam mixing valve may not be used at a
C. A self-closing, slow-closing, or metering
handwashing lavatory sink.
faucet shall provide a flow of water for at least C. A self-closing, slow-closing, or metering
15 seconds without the need to reactivate the
faucet shall provide a flow of water for at least
faucet.
15 seconds without the need to reactivate the
faucet.
D. An automatic handwashing facility shall be
installed in accordance with manufacturer’s
instructions.
4626.1055 5-202.13 BACKFLOW
4626.1055 5-202.13 BACKFLOW
PREVENTION; AIR GAP.*
PREVENTION; AIR GAP.*
An air gap between the water supply inlet and
An air gap between the water supply inlet and
the flood level rim of the plumbing fixture,
the flood level rim of the plumbing fixture,
equipment, or nonfood equipment shall be at
equipment, or nonfood equipment shall be at
least twice the diameter of the water supply
least twice the diameter of the water supply
inlet and shall not be less than 25 millimeters
inlet and shall may not be less than 25 mm
156
Chapter 5
MN Current Code
Code Consensus Committee Proposed
(one inch).
(one inch).
4626.1060 5-202.14 BACKFLOW
4626.1060 5-202.14 BACKFLOW
PREVENTION DEVICE; DESIGN
PREVENTION DEVICE; DESIGN
STANDARD.
STANDARD.
A backflow or backsiphonage prevention
A backflow or backsiphonage prevention
device installed on a water supply system shall device installed on a water supply system shall
meet American Society of Sanitary
meet American Society of Sanitary
Engineering standards for construction,
Engineering (A.S.S.E.) standards for
installation, maintenance, inspection, and
construction, installation, maintenance,
testing for that specific application and type of inspection, and testing for that specific
device.
application and type of device.
4626.1065 5-202.15 CONDITIONING
4626.1065 5-202.15 CONDITIONING
DEVICE; DESIGN.
DEVICE; DESIGN.
A water filter, screen, or other water
A water filter, screen, or and other water
conditioning device installed on a water line
conditioning device installed on a water lines
shall be designed to facilitate disassembly for
shall be designed to facilitate disassembly for
periodic servicing and cleaning. A water filter
periodic servicing and cleaning. A water filter
element shall be replaceable.
element shall be of the replaceable type.
4626.1070 5-203.11 HANDWASHING
4626.1070 5-203.11 HANDWASHING
LAVATORY.*
LAVATORY SINKS.*
A. At least one handwashing lavatory, the
A. Except as specified in (B) and (C) of this
number of handwashing lavatories necessary
section, at least one handwashing lavatory
for their convenient use by employees in the
sink, the a number of handwashing lavatories
areas specified in part 4626.1095, and not
sinks necessary for their convenient use by
fewer than the number of handwashing
employees in areas specified in part 4626.1095,
lavatories required by chapter 4715 shall be
and not fewer than the number of handwashing
provided.
lavatories sinks required by chapter 4715 as
B. When food exposure is limited and
required by Chapter 1305.
handwashing lavatories are not conveniently
B. If approved and capable of removing the
available at vending machine locations,
types of soils encountered in the food
employees may use chemically treated
operations involved, automatic handwashing
towelettes for handwashing.
facilities may be substituted for handwashing
sinks in a food establishment that has at least
one handwashing sink.
C. If approved, when food exposure is limited
and handwashing lavatories sinks are not
conveniently available, such as in some mobile
or temporary food establishments or at some at
vending machine locations, employees may
use chemically treated towelettes for
handwashing.
157
Chapter 5
MN Current Code
Code Consensus Committee Proposed
4626.1075 5-203.12 TOILETS AND
4626.1075 5-203.12 TOILETS AND
URINALS.*
URINALS.*
At least one toilet and not fewer than the
At least one toilet and not fewer than the
number of toilets required by chapter 4715
number of toilets required by chapter 4715
shall be provided. In accordance with chapter
chapter 1305 shall be provided. In accordance
4715, urinals may be substituted for toilets if
with chapter 4715 part 1303.1200, urinals may
more than the required minimum number of
be substituted for toilets if more than the
toilets are provided.
required minimum number of toilets are is
provided.
4626.1080 5-203.13 SERVICE SINK.
4626.1080 5-203.13 SERVICE SINK.
At least one service sink or one curbed
At least one service sink or one curbed
cleaning facility equipped with a floor drain
cleaning facility equipped with a floor drain
shall be provided and conveniently located for shall be provided and conveniently located for
cleaning mops or similar wet floor cleaning
cleaning mops or similar wet floor cleaning
tools and for disposing of mop water and
tools and for disposing of mop water and
similar liquid waste. The service sink or
similar liquid waste. The service sink or
cleaning facility shall include a faucet
cleaning facility shall include a faucet
accessible for supply of drinking water at all
accessible for supply of drinking water at all
times.
times.
4626.1085 5-203.14 BACKFLOW
4626.1085 5-203.14 BACKFLOW
PREVENTION DEVICE; WHEN
PREVENTION DEVICE; WHEN
REQUIRED.*
REQUIRED.*
A plumbing system shall be installed to
A plumbing system shall be installed to
preclude backflow of a solid, liquid, or gas
preclude backflow of a solid, liquid, or gas
contaminant into the water supply system at
contaminant into the water supply system at
each point of use at the food establishment,
each point of use at the food establishment,
including on a hose bibb if a hose is attached
including on a hose bibb if a hose is attached
or on a hose bibb if a hose is not attached and
or on a hose bibb if a hose is not attached and
backflow prevention is required by law, by:
backflow prevention is required by law, by:
A. providing an air gap specified in part
(A) Providing an air gap as specified in part
4626.1055; or
4626.1055; or
B. installing an approved backflow prevention (B) Installing an approved backflow prevention
device specified in part 4626.1060.
device as specified in part 4626.1060.
4626.1090 5-203.15 BACKFLOW
4626.1090 5-203.15 BACKFLOW
PREVENTION DEVICE;
PREVENTION DEVICE;
CARBONATOR.*
CARBONATOR.*
Post-mix carbonated beverage machines shall
Post-mix carbonated beverage machines shall
have backflow prevention that complies with
have backflow prevention that complies with
chapter 4715.
chapter 4715.2163.
4626.1095 5-204.11 HANDWASHING
4626.1095 5-204.11 HANDWASHING
LAVATORY.*
LAVATORY SINKS.*
A handwashing lavatory shall be located:
A handwashing lavatory sink shall be located:
A. to allow convenient use by employees in
A. To allow convenient use by employees in
food preparation, food dispensing, and
food preparation, food dispensing, and
158
Chapter 5
MN Current Code
Code Consensus Committee Proposed
warewashing areas; and
warewashing areas; and
B. in toilet rooms.
B. In, or immediately adjacent to, toilet rooms.
4626.1100 5-204.12 BACKFLOW
4626.1100 5-204.12 BACKFLOW
PREVENTION DEVICE; LOCATION.
PREVENTION DEVICE; LOCATION.
A backflow prevention device shall be located A backflow prevention device shall be located
so that it may be serviced and maintained.
so that it may be serviced and maintained.
4626.1105 5-204.13 CONDITIONING
4626.1105 5-204.13 CONDITIONING
DEVICE; LOCATION.
DEVICE; LOCATION.
A water filter, screen, or other water
A water filter, screen, or and other water
conditioning device installed on a water line
conditioning device installed on a water lines
shall be located to facilitate disassembly for
shall be located to facilitate disassembly for
periodic servicing and cleaning.
periodic servicing and cleaning.
4626.1110 5-205.11 USING
4626.1110 5-205.11 USING A
HANDWASHING LAVATORY.
HANDWASHING LAVATORY SINK.
A. A handwashing lavatory shall be
A. A handwashing lavatory sink shall be
maintained so that it is accessible at all times
maintained so that it is accessible at all times
for employee use.
for employee use.
B. A handwashing lavatory shall not be used
B. A handwashing lavatory sink shall may not
for purposes other than handwashing.
be used for purposes other than handwashing.
C. An automatic handwashing facility shall be
used in accordance with manufacturer’s
instructions.
4626.1115 5-205.12 PROHIBITING
4626.1115 5-205.12 PROHIBITING
CROSS-CONNECTION.*
CROSS-CONNECTION.*
A. Except as allowed under Code of Federal
A. Except as allowed under Code of Federal
Regulations, title 9, section 308.3, paragraph
Regulations, title 9, section 308.3, paragraph
(d), for firefighting, a person shall not create a (d), for firefighting, a person shall not create a
cross-connection by connecting a pipe or
cross-connection by connecting a pipe or
conduit between the drinking water system and conduit between the drinking water system and
a nondrinking water system or a water system
a nondrinking water system or a water system
of unknown quality.
of unknown quality.
B. The piping of a nondrinking water system
B. The piping of a nondrinking water system
shall be durably identified so that it is readily
shall be durably identified so that it is readily
distinguishable from piping that carries
distinguishable from piping that carries
drinking water.N
drinking water.N
4626.1120 5-205.13 SCHEDULING
4626.1120 5-205.13 SCHEDULING
INSPECTION AND SERVICE FOR
INSPECTION AND SERVICE FOR A
WATER TREATMENT DEVICE.
WATER TREATMENT SYSTEM
A. A water treatment device, other than a
DEVICE.
water softener, shall be scheduled for
A. A water treatment device, other than a
inspection and service according to the
water softener, shall be scheduled for
manufacturer's instructions and as necessary to inspection and service according to the
prevent device failure based on local water
manufacturer's instructions and as necessary to
conditions.
prevent device failure based on local water
159
Chapter 5
MN Current Code
Code Consensus Committee Proposed
B. A backflow preventer shall be inspected,
conditions.
tested, and maintained according to chapter
B. A backflow preventer shall be inspected,
4715.
tested, and maintained according to chapter
4715.
4626.1125 5-205.14 WATER RESERVOIR
4626.1125 5-205.14 WATER RESERVOIR
OF FOGGING DEVICES; CLEANING.*
OF FOGGING DEVICES; CLEANING.*
A. A reservoir that is used to supply water to a A. A reservoir that is used to supply water to a
produce fogger or similar device shall be:
produce fogger or similar device such as a
(1) maintained according to the
produce fogger shall be:
manufacturer's specifications; and
(1) Maintained according to in accordance
(2) cleaned according to the manufacturer's
with manufacturer's specifications; and
specifications or according to the procedures
(2) Cleaned according to in accordance with
specified in item B, whichever is more
manufacturer's specifications or according to
stringent.
the procedures specified in item B of this
B. Cleaning procedures shall include at least
section, whichever is more stringent.
the following steps and shall be conducted at
B. Cleaning procedures shall include at least
least once a week:
the following steps and shall be conducted at
(1) draining and complete disassembly of the least once a week:
water and aerosol contact parts;
(1) Draining and complete disassembly of the
(2) brush-cleaning the reservoir, aerosol
water and aerosol contact parts;
tubing, and discharge nozzles with a suitable
(2) Brush-cleaning the reservoir, aerosol
detergent solution;
tubing, and discharge nozzles with a suitable
(3) flushing the complete system with water
detergent solution;
to remove the detergent solution and
(3) Flushing the complete system with water
particulate accumulation; and
to remove the detergent solution and
(4) rinsing by immersing, spraying, or
particulate accumulation; and
swabbing the reservoir, aerosol tubing, and
(4) Rinsing by immersing, spraying, or
discharge nozzles with at least 50 mg/L
swabbing the reservoir, aerosol tubing, and
hypochlorite solution.
discharge nozzles with at least 50 MG/L
hypochlorite solution.
4626.1130 5-205.15 SYSTEM
4626.1130 5-205.15 SYSTEM
MAINTAINED IN GOOD REPAIR.*
MAINTAINED IN GOOD REPAIR.*
A plumbing system shall be:
A plumbing system shall be:
A. repaired according to chapter 4715; and
A. Repaired according to chapter 4715; and
B. maintained in good repair.N
B. Maintained in good repair. N
4626.1135 5-301.11 APPROVED.
4626.1135 5-301.11 APPROVED.
A mobile water tank used to supply a food
Materials that are used in the construction of a
establishment, mobile food establishment
mobile water tank, used to supply a food
water tank, or any appurtenances shall meet:
establishment, mobile food establishment
A. the requirements specified in parts
water tank, or any and appurtenances shall
4626.1135 to 4626.1175;
meet be:
B. the requirements specified in part
A. the requirements specified in parts
4626.0450, items A, B, D, and E; and
4626.1135 to 4626.1175; Safe;
C. the standards for water haulers specified in B. the requirements specified in part
160
MN Current Code
parts 4720.4000 to 4720.4400.
Chapter 5
Code Consensus Committee Proposed
4626.0450, items A, B, D, and E Durable,
corrosion-resistant, and nonabsorbent; and
C. the standards for water haulers specified in
parts 4720.4000 to 4720.4400 Finished to have
a smooth, easily cleanable surface.
5-302.11 Enclosed System, Sloped to Drain.
A mobile water tank shall be:
A. Enclosed from the filling inlet to the
discharge outlet; and
B. Sloped to an outlet that allows complete
drainage of the tank.
5-302.12 Inspection and Cleaning Port,
Protected and Secured.
If a water tank is designed with an access port
for inspection and cleaning, the opening shall
be in the top of the tank and:
A. Flanged upward at least 13 mm (one-half
inch); and
B. Equipped with a port cover assembly that is:
(1) Provided with a gasket and a device for
securing the cover in place, and
(2) Flanged to overlap the opening and sloped
to drain.
5-302.13 "V" Type Threads, Use Limitation.
A fitting with "V" type threads on a water tank
inlet or outlet shall be allowed only when a
hose is permanently attached.
5-302.14 Tank Vent, Protected.
If provided, a water tank vent shall terminate in
a downward direction and shall be covered
with:
A. 16 mesh to 25.4 mm (16 mesh to 1 inch)
screen or equivalent when the vent is in a
protected area; or
B. A protective filter when the vent is in an
area that is not protected from windblown dirt
and debris.
5-302.15 Inlet and Outlet, Sloped to Drain.
A. A water tank and its inlet and outlet shall be
sloped to drain.
B. A water tank inlet shall be positioned so that
it is protected from contaminants such as waste
discharge, road dust, oil, or grease.
161
Chapter 5
MN Current Code
Code Consensus Committee Proposed
4626.1140 5-302.16 HOSE;
4626.1140 5-302.16 HOSE;
CONSTRUCTION AND
CONSTRUCTION AND
IDENTIFICATION.
IDENTIFICATION.
A hose used for conveying drinking water from A hose used for conveying drinking water from
a water tank shall have a smooth interior
a water tank shall have a smooth interior
surface, shall be of food grade material, and, if surface, shall be of food grade material, and, if
not permanently attached, shall be clearly and
not permanently attached, clearly and durably
durably identified as to its use.
identified as to its use. shall be:
A. Safe;
B. clearly and durable, corrosion-resistant, and
nonaborbent;
C. Resistant to pitting, chipping, crazing,
scratching, scoring, distortion, and
decomposition;
D. Finished with a smooth interior surface; and
E. Clearly and durably identified as to its use if
not permanently attached.
4626.1145 5-303.11 FILTER;
4626.1145 5-303.11 FILTER;
COMPRESSED AIR.
COMPRESSED AIR.
A filter that does not pass oil or oil vapors shall A filter that does not pass oil or oil vapors shall
be installed in the air supply line between the
be installed in the air supply line between the
compressor and drinking water system when
compressor and drinking water system when
compressed air is used to pressurize the water
compressed air is used to pressurize the water
tank system.
tank system.
4626.1150 5-303.12 PROTECTIVE
4626.1150 5-303.12 PROTECTIVE
EQUIPMENT OR DEVICE.
EQUIPMENT COVER OR DEVICE.
A cap and keeper chain, closed cabinet, closed A cap and keeper chain, closed cabinet, closed
storage tube, or other approved protective
storage tube, or other approved protective
equipment or device shall be provided for a
equipment cover or device shall be provided
water inlet, outlet, and hose.
for a water inlet, outlet, and hose.
4626.1155 5-303.13 MOBILE FOOD
4626.1155 5-303.13 MOBILE FOOD
ESTABLISHMENT TANK INLET.
ESTABLISHMENT TANK INLET.
A mobile food establishment's water tank inlet A mobile food establishment’s water tank inlet
shall be:
shall be:
A. 19.1 millimeters (three-fourths inch) in
A. 19.1 mm (three-fourths inch) in inner
inner diameter or less; and
diameter or less; and
B. provided with a hose connection of a size
B. Provided with a hose connection of a size or
or type that will prevent its use for any other
type that will prevent its use for any other
service.
service.
4626.1160 5-304.11 SYSTEM FLUSHING
4626.1160 5-304.11 SYSTEM FLUSHING
AND DISINFECTION.*
AND DISINFECTION SANITIZATION.*
A water tank, pump, and hose shall be flushed A water tank, pump, and hoses shall be flushed
and sanitized before being placed in service
and sanitized before being placed in service
after construction, repair, modification, and
after construction, repair, modification, and
162
Chapter 5
MN Current Code
Code Consensus Committee Proposed
periods of nonuse.
periods of nonuse.
4626.1165 5-304.12 USING PUMP AND
4626.1165 5-304.12 USING A PUMP AND
HOSE; BACKFLOW PREVENTION.
HOSES; BACKFLOW PREVENTION.
A person shall operate a water tank, pump, and A person shall operate a water tank, pump, and
hose so that backflow and other contamination hoses so that backflow and other
of the water supply are prevented.
contamination of the water supply are
prevented.
4626.1170 5-304.13 PROTECTING INLET, 4626.1170 5-304.13 PROTECTING INLET,
OUTLET, AND HOSE FITTING.
OUTLET, AND HOSE FITTING.
If not in use, a water tank and hose inlet and
If not in use, a water tank and hose inlet and
outlet fitting shall be protected as specified in
outlet fitting shall be protected using a cover or
part 4626.1150.
device as specified in part 4626.1150.
4626.1175 5-304.14 TANK, PUMP, AND
4626.1175 5-304.14 TANK, PUMP, AND
HOSE; DEDICATION.
HOSES; DEDICATION.
A. Except as specified in item B, a water tank, A. Except as specified in item (B) of this
pump, or hose used for conveying drinking
section, a water tank, pump, and hoses used for
water shall be used for no other purpose.
conveying drinking water shall be used for no
B. A water tank, pump, or hose approved for
other purpose.
liquid foods may be used for conveying
B. Water tanks, pumps, and hoses approved for
drinking water if it is cleaned and sanitized
liquid foods may be used for conveying
after each use.
drinking water if it is they are cleaned and
sanitized after each use before they are used to
convey water.
4626.1180 5-401.11 CAPACITY AND
4626.1180 5-401.11 CAPACITY AND
DRAINAGE.
DRAINAGE.
A sewage holding tank in a mobile food
A sewage holding tank in a mobile food
establishment shall be:
establishment shall be:
A. sized 15 percent larger in capacity than the A. Sized 15 percent larger in capacity than the
water supply tank; and
water supply tank; and
B. sloped to a drain that is 25 millimeters (one B. Sloped to a drain that is 25 mm (one inch)
inch) in inner diameter or greater, equipped
in inner diameter or greater, equipped with a
with a shut-off valve.
shut-off valve.
4626.1185 5-402.11 ESTABLISHMENT
4626.1185 5-402.1011 ESTABLISHMENT
DRAINAGE SYSTEM.
DRAINAGE SYSTEM.
Food establishment drainage systems,
Food establishment drainage systems,
including grease traps, that convey sewage
including grease traps, that convey sewage
shall be sized and installed as specified in part shall be designed and installed as specified in
4626.1045, item A.
part 4626.1045.
4626.1190 5-402.12 BACKFLOW
4626.1190 5-402.112 BACKFLOW
PREVENTION.*
PREVENTION.*
A. Except as specified in items B and C, a
A. Except as specified in items B and C (B),
direct connection shall not exist between the
(C), and (D) of this section, a direct connection
sewage system and a drain originating from
shall may not exist between the sewage system
163
Chapter 5
MN Current Code
Code Consensus Committee Proposed
equipment in which food, portable equipment, and a drain originating from equipment in
or utensils are placed.
which food, portable equipment, or utensils are
B. If allowed by chapter 4715, a warewashing placed.
machine may have a direct connection between B. Paragraph (A) of this section does not apply
its waste outlet and a floor drain when the
to floor drains that originate in refrigerated
machine is located within 1.5 meters (five feet) spaces that are constructed as an integral part
of a trapped floor drain and the machine outlet of the building.
is connected to the inlet side of a properly
B. C. If allowed by chapter 4715, a
vented floor drain trap.
warewashing machine may have a direct
C. If allowed by chapter 4715, a warewashing connection between its waste outlet and a floor
or culinary sink may have a direct connection. drain when the machine is located within 1.5 m
(five feet) of a trapped floor drain and the
machine outlet is connected to the inlet side of
a properly vented floor drain trap.
C. D. If allowed by chapter 4715, a
warewashing or culinary sink may have a
direct connection.
4626.1195 5-402.13 GREASE TRAP.
4626.1195 5-402.123 GREASE TRAP.
If used, a grease trap shall be located to be
If used, a grease trap shall be located to be
easily accessible for cleaning.
easily accessible for cleaning.
4626.1200 5-402.14 CONVEYING
4626.1200 5-402.134 CONVEYING
SEWAGE.*
SEWAGE.*
Sewage shall be conveyed to the point of
Sewage shall be conveyed to the point of
disposal through an approved sanitary sewage
disposal through an approved sanitary sewage
system or other system, including use of
system or other system, including use of
sewage transport vehicles, waste retention
sewage transport vehicles, waste retention
tanks, pumps, pipes, hoses, and connections
tanks, pumps, pipes, hoses, and connections
that are constructed, maintained, and operated
that are constructed, maintained, and operated
according to chapter 7080 and Minnesota
according to chapter 7080 and Minnesota
Statutes, section 115.55.
Statutes, section 115.55.
4626.1205 5-402.15 REMOVING MOBILE
4626.1205 5-402.145 REMOVING MOBILE
FOOD ESTABLISHMENT WASTES.
FOOD ESTABLISHMENT WASTES.
Sewage and other liquid wastes shall be
Sewage and other liquid wastes shall be
removed from a mobile food establishment at
removed from a mobile food establishment at
an approved waste servicing area or by a
an approved waste servicing area or by a
sewage transport vehicle in such a way that a
sewage transport vehicle in such a way that a
public health hazard or nuisance is not created. public health hazard or nuisance is not created.
4626.1210 5-402.16 FLUSHING WASTE
4626.1210 5-402.156 FLUSHING A WASTE
RETENTION TANK.
RETENTION TANK.
A tank for liquid waste retention shall be
A tank for liquid waste retention shall be
thoroughly flushed and drained in a sanitary
thoroughly flushed and drained in a sanitary
manner during the servicing operation.
manner during the servicing operation.
164
Chapter 5
MN Current Code
Code Consensus Committee Proposed
4626.1215 5-403.11 APPROVED SEWAGE 4626.1215 5-403.11 APPROVED SEWAGE
DISPOSAL SYSTEM.*
DISPOSAL SYSTEM.*
Sewage shall be disposed through an approved Sewage shall be disposed through an approved
facility that is:
facility that is:
A. a public sewage treatment plant; or
A. A public sewage treatment plant; or
B. an individual sewage disposal system that
B. An individual sewage disposal system that
is sized, constructed, maintained, and operated is sized, constructed, maintained, and operated
according to chapter 7080.
according to chapter 7080.
4626.1220 5-403.12 OTHER LIQUID
4626.1220 5-403.12 OTHER LIQUID
WASTES AND RAINWATER.
WASTES AND RAINWATER.
Condensate drainage and other nonsewage
Condensate drainage and other nonsewage
liquids and rainwater shall be drained from
liquids and rainwater shall be drained from
point of discharge to disposal according to
point of discharge to disposal according to
chapter 7080.
chapter 7080.
4626.1225 5-501.10 INDOOR STORAGE
4626.1225 5-501.10 INDOOR STORAGE
AREA.
AREA.
If located within the food establishment, a
If located within the food establishment, a
storage area for refuse, recyclables, and
storage area for refuse, recyclables, and
returnables shall meet the
returnables shall meet the requirements
requirements specified in parts 4626.1325,
specified in parts 4626.1325, 4626.1335,
4626.1335, 4626.1370, 4626.1395, and
4626.1370, 4626.1395, and 4626.1400.
4626.1400.
4626.1230 5-501.11 OUTDOOR STORAGE 4626.1230 5-501.11 OUTDOOR STORAGE
SURFACE.
SURFACE.
An outdoor storage surface for refuse,
An outdoor storage surface for refuse,
recyclables, and returnables shall be
recyclables, and returnables shall be
constructed of concrete, asphalt, or other
constructed of nonabsorbent material such as
nonabsorbent material and shall be smooth,
concrete or asphalt or other nonabsorbent
durable, and sloped to drain.
material and shall be smooth, durable, and
sloped to drain.
4626.1235 5-501.12 OUTDOOR
4626.1235 5-501.12 OUTDOOR
ENCLOSURE.
ENCLOSURE.
If used, an outdoor enclosure for refuse,
If used, an outdoor enclosure for refuse,
recyclables, and returnables shall be
recyclables, and returnables shall be
constructed of durable and cleanable materials. constructed of durable and cleanable materials.
4626.1240 5-501.13 RECEPTACLES.
4626.1240 5-501.13 RECEPTACLES.
A. Except as specified in item B, receptacles
A. Except as specified in item B of this section,
and waste handling units for refuse,
receptacles and waste handling units for refuse,
recyclables, and returnables and for use with
recyclables, and returnables and for use with
materials containing food residue shall be
materials containing food residue shall be
durable, cleanable, insect- and rodent-resistant, durable, cleanable, insect- and rodent-resistant,
leakproof, and nonabsorbent.
leakproof, and nonabsorbent.
B. Plastic bags and wet strength paper bags
B. Plastic bags and wet strength paper bags
may be used to line receptacles for storage
may be used to line receptacles for storage
165
Chapter 5
MN Current Code
Code Consensus Committee Proposed
inside the food establishment or closed outside inside the food establishment, or within closed
receptacles.
outside receptacles.
4626.1245 5-501.14 RECEPTACLES IN
4626.1245 5-501.14 RECEPTACLES IN
VENDING MACHINES.
VENDING MACHINES.
A refuse receptacle shall not be located within A refuse receptacle shall not be located within
a vending machine, except that a receptacle for a vending machine, Except that for a receptacle
beverage bottle crown closures may be located for beverage bottle crown closures, a refuse
within a vending machine.
receptacle may not be located within a vending
machine.
4626.1250 5-501.15 OUTSIDE
4626.1250 5-501.15 OUTSIDE
RECEPTACLES.
RECEPTACLES.
A. Receptacles and waste handling units for
A. Receptacles and waste handling units for
refuse, recyclables, and returnables used with
refuse, recyclables, and returnables used with
materials containing food residue and used
materials containing food residue and used
outside the food establishment shall be
outside the food establishment shall be
designed and constructed to have tight-fitting
designed and constructed to have tight-fitting
lids, doors, or covers.
lids, doors, or covers.
B. Receptacles and waste handling units for
B. Receptacles and waste handling units for
refuse and recyclables, including an on-site
refuse and recyclables including such as an oncompactor, shall be installed so that
site compactor shall be installed so that
accumulation of debris and insect and rodent
accumulation of debris and insect and rodent
attraction and harborage are minimized and
attraction and harborage are minimized and
effective cleaning is facilitated around and, if
effective cleaning is facilitated around and, if
the equipment is not installed flush with the
the unit is not installed flush with the base pad,
base pad, under the unit.
under the unit.
4626.1255 5-501.16 STORAGE AREAS,
4626.1255 5-501.16 STORAGE AREAS,
ROOMS, AND RECEPTACLES;
ROOMS, AND RECEPTACLES;
CAPACITY AND AVAILABILITY.
CAPACITY AND AVAILABILITY.
A. An inside storage room and area, an outside A. An inside storage room and area, and
storage area and enclosure, and receptacles
outside storage area and enclosure, and
shall be of sufficient capacity to hold refuse,
receptacles shall be of sufficient capacity to
recyclables, and returnables that accumulate.
hold refuse, recyclables, and returnables that
B. A receptacle shall be provided in each area accumulate.
of the food establishment or premises where
B. A receptacle shall be provided in each area
refuse is generated or commonly discarded or
of the food establishment or premises where
where recyclables or returnables are placed.
refuse is generated or commonly discarded, or
C. If disposable towels are used at
where recyclables or returnables are placed.
handwashing lavatories, a waste receptacle
C. If disposable towels are used at
shall be located at each lavatory or group of
handwashing lavatories, a waste receptacle
adjacent lavatories.
shall be located at each lavatory or group of
adjacent lavatories.
4626.1260 5-501.17 TOILET ROOM
4626.1260 5-501.17 TOILET ROOM
RECEPTACLE; COVERED.
RECEPTACLE; COVERED.
A toilet room shall be provided with a covered A toilet room used by females shall be
166
Chapter 5
MN Current Code
Code Consensus Committee Proposed
receptacle for sanitary napkins or diapers.
provided with a covered receptacle for sanitary
napkins or diapers.
4626.1265 5-501.18 CLEANING
4626.1265 5-501.18 CLEANING
EQUIPMENT AND SUPPLIES.
EQUIPMENT IMPLEMENTS AND
A. Except as specified in item B, suitable
SUPPLIES.
cleaning equipment and supplies, including
A. Except as specified in item B of this section,
high pressure pumps, hot water, steam, and
suitable cleaning equipment implements and
detergent, shall be provided as necessary to
supplies including such as high pressure
effectively clean receptacles and waste
pumps, hot water, steam, and detergent shall be
handling units for refuse, recyclables, and
provided as necessary for effectively cleaning
returnables.
of receptacles and waste handling units for
B. If approved, off-premises-based cleaning
refuse, recyclables, and returnables.
services may be used if on-premises cleaning
B. If approved, off-premises-based cleaning
implements and supplies are not provided.
services may be used if on-premises cleaning
implements and supplies are not provided.
4626.1270 5-501.19 STORAGE AREAS,
4626.1270 5-501.19 STORAGE AREAS,
REDEEMING MACHINES, EQUIPMENT, REDEEMING MACHINES, EQUIPMENT,
AND RECEPTACLES; LOCATION.
AND RECEPTACLES AND WASTE
A. An area designated for refuse, recyclables, HANDLING UNITS; LOCATION.
returnables, and, except as specified in item B, A. An area designated for refuse, recyclables,
a redeeming machine for recyclables or
returnables, and, except as specified in item B
returnables shall be located so that it is separate of this section, a redeeming machine for
from food, equipment, utensils, linens, and
recyclables or returnables shall be located so
single-service and single-use articles and a
that it is separate from food, equipment,
nuisance or a public health hazard is not
utensils, linens, and single-service and singlecreated.
use articles and a nuisance or a public health
B. A redeeming machine may be located in the hazard or nuisance is not created.
packaged food storage area or consumer area
B. A redeeming machine may be located in the
of a food establishment if food, equipment,
packaged food storage area or consumer area
utensils, linens, and single-service and singleof a food establishment if food, equipment,
use articles are not subject to contamination
utensils, linens, and single-service and singlefrom the machine and a public health hazard or use articles are not subject to contamination
nuisance is not created.
from the machines and a public health hazard
C. The location of receptacles and waste
or nuisance is not created.
handling units for refuse, recyclables, and
C. The location of receptacles and waste
returnables shall not create a public health
handling units for refuse, recyclables, and
hazard or nuisance or interfere with the
returnables shall may not create a public health
cleaning of adjacent space.
hazard or nuisance or interfere with the
cleaning of adjacent space.
4626.1275 5-501.110 STORING REFUSE,
4626.1275 5-501.110 STORING REFUSE,
RECYCLABLES, AND RETURNABLES.
RECYCLABLES, AND RETURNABLES.
Refuse, recyclables, and returnables shall be
Refuse, recyclables, and returnables shall be
stored in receptacles or waste handling units so stored in receptacles or waste handling units so
that they are inaccessible to insects and
that they are inaccessible to insects and
167
Chapter 5
MN Current Code
Code Consensus Committee Proposed
rodents.
rodents.
4626.1280 5-501.111 AREAS,
4626.1280 5-501.111 AREAS,
ENCLOSURES, AND RECEPTACLES;
ENCLOSURES, AND RECEPTACLES;
GOOD REPAIR.
GOOD REPAIR.
Storage areas, enclosures, and receptacles for
Storage areas, enclosures, and receptacles for
refuse, recyclables, and returnables shall be
refuse, recyclables, and returnables shall be
maintained in good repair.
maintained in good repair.
4626.1285 5-501.112 OUTSIDE STORAGE 4626.1285 5-501.112 OUTSIDE STORAGE
PROHIBITIONS.
PROHIBITIONS.
A. Except as specified in item B, refuse
A. Except as specified in item B of this section,
receptacles not meeting the requirements
refuse receptacles not meeting the
specified in part 4626.1240, item A, including requirements specified in part 4626.1240, item
receptacles that are not rodent-resistant,
A, including such as receptacles that are not
unprotected plastic bags and paper bags, and
rodent-resistant, unprotected plastic bags and
baled units that contain materials with food
paper bags, or baled units that contain
residue, shall not be stored outside.
materials with food residue shall may not be
B. Cardboard or other packaging material that stored outside.
does not contain food residue and that is
B. Cardboard or other packaging material that
awaiting regularly scheduled delivery to a
does not contain food residues and that is
recycling or disposal site may be stored outside awaiting regularly scheduled delivery to a
without being in a covered receptacle if it is
recycling or disposal site may be stored outside
stored so that it does not create a rodent
without being in a covered receptacle if it is
harborage problem.
stored so that it does not create a rodent
harborage problem.
4626.1290 5-501.113 COVERING
4626.1290 5-501.113 COVERING
RECEPTACLES.
RECEPTACLES.
Receptacles and waste handling units for
Receptacles and waste handling units for
refuse, recyclables, and returnables shall be
refuse, recyclables, and returnables shall be
kept covered:
kept covered:
A. inside the food establishment:
A. Inside the food establishment (1) if the
(1) if the receptacles and units contain food
receptacles and units:
residue and are not in continuous use; or
(1) Contain food residue and are not in
(2) after they are filled; and
continuous use; or
B. with tight-fitting lids or doors if kept
(2) After they are filled; and
outside the food establishment.
B. With tight-fitting lids or doors if kept
outside the food establishment.
4626.1295 5-501.114 USING DRAIN
4626.1295 5-501.114 USING DRAIN
PLUGS.
PLUGS.
Drains in receptacles and waste handling units Drains in receptacles and waste handling units
for refuse, recyclables, and returnables shall
for refuse, recyclables, and returnables shall
have drain plugs in place.
have drain plugs in place.
4626.1300 5-501.115 MAINTAINING
4626.1300 5-501.115 MAINTAINING
REFUSE AREAS AND ENCLOSURES.
REFUSE AREAS AND ENCLOSURES.
A storage area and enclosure for refuse,
A storage area and enclosure for refuse,
168
Chapter 5
MN Current Code
Code Consensus Committee Proposed
recyclables, or returnables shall be maintained recyclables, or returnables shall be maintained
clean and free of unnecessary items as
free of unnecessary items, as specified in part
specified in part 4626.1580.
4626.1580, and clean.
4626.1305 5-501.116 CLEANING
4626.1305 5-501.116 CLEANING
RECEPTACLES.
RECEPTACLES.
A. Receptacles and waste handling units for
A. Receptacles and waste handling units for
refuse, recyclables, and returnables shall be
refuse, recyclables, and returnables shall be
thoroughly cleaned in a way that does not
thoroughly cleaned in a way that does not
contaminate food, equipment, utensils, linens,
contaminate food, equipment, utensils, linens,
or single-service and single-use articles, and
or single-service and single-use articles, and
wastewater shall be disposed of as specified in waste water shall be disposed of as specified in
Minnesota Statutes, chapter 115A.
part 4626.1200 and in Minnesota Statutes,
B. Soiled receptacles and waste handling units chapter 115A.
for refuse, recyclables, and returnables shall be B. Soiled receptacles and waste handling units
cleaned at a frequency necessary to prevent
for refuse, recyclables, and returnables shall be
them from developing a build-up of soil or
cleaned at a frequency necessary to prevent
becoming attractants for insects and rodents.
them from developing a build-up of soil or
becoming attractants for insects and rodents.
4626.1310 5-502.11 FREQUENCY.
4626.1310 5-502.11 FREQUENCY.
Refuse, recyclables, and returnables shall be
Refuse, recyclables, and returnables shall be
removed from the premises at a frequency that removed from the premises at a frequency that
will minimize the development of
will minimize the development of
objectionable odors and other conditions that
objectionable odors and other conditions that
attract or harbor insects and rodents.
attract or harbor insects and rodents.
4626.1315 5-502.12 RECEPTACLES OR
4626.1315 5-502.12 RECEPTACLES OR
VEHICLES.
VEHICLES.
Refuse, recyclables, and returnables shall be
Refuse, recyclables, and returnables shall be
removed from the premises by way of:
removed from the premises by way of:
A. portable receptacles that are constructed
A. Portable receptacles that are constructed and
and maintained according to Minnesota
maintained according to Minnesota Statutes,
Statutes, chapter 115A; or
chapter 115A; or
B. a transport vehicle that is constructed,
B. A transport vehicle that is constructed,
maintained, and operated according to
maintained, and operated according to
Minnesota Statutes, chapter 115A.
Minnesota Statutes, chapter 115A.
4626.1320 5-503.11 COMMUNITY OR
4626.1320 5-503.11 COMMUNITY OR
INDIVIDUAL FACILITY.
INDIVIDUAL FACILITY.
Solid waste not disposed of through the sewage Solid waste not disposed of through the sewage
system, including that disposed of with
system, including that disposed of with such as
grinders and pulpers, shall be:
through grinders and pulpers shall be: A.
A. recycled or disposed of in an approved
recycled or disposed of in an approved public
public or private community recycling or
or private community recycling or refuse
refuse facility; or
facility; or solid waste shall be B. disposed of
B. disposed of in a landfill, incinerator, or
in an individual refuse facility such as a landfill
other individual refuse facility that is sized,
or incinerator or other individual refuse facility
169
Chapter 5
MN Current Code
Code Consensus Committee Proposed
constructed, maintained, and operated
that which is sized, constructed, maintained,
according to Minnesota Statutes, chapter 115A, and operated according to Minnesota Statutes,
and section 473.803.
chapter 115A, and section 473.803.
170
Chapter 6
MN Current Code
Code Consensus Committee Proposed
4626.1325 6-101.11 SURFACE
4626.1325 6-101.11 SURFACE
CHARACTERISTICS; INDOOR AREAS.
CHARACTERISTICS; INDOOR AREAS.
A. Except as specified in item B, materials for A. Except as specified in item (B) of this
indoor floor, wall, and ceiling surfaces under
section, materials for indoor floor, wall, and
conditions of normal use shall be:
ceiling surfaces under conditions of normal use
(1) smooth, durable, and easily cleanable for
shall be:
areas where food establishment operations are
(1) Smooth, durable, and easily cleanable for
conducted;
areas where food establishment operations are
(2) closely woven and easily cleanable carpet,
conducted;
where carpeting is permitted; and
(2) Closely woven and easily cleanable
(3) nonabsorbent for food preparation areas,
carpet where carpeting is permitted for
walk-in refrigerators, warewashing areas, toilet carpeted areas; and
rooms, mobile food establishment servicing
(3) Nonabsorbent for food preparation areas
areas, handwash areas, janitorial areas, laundry subject to moisture such as food preparation
areas, interior garbage and refuse storage
areas, walk-in refrigerators, warewashing
rooms, areas subject to flushing or spray
areas, toilet rooms, mobile food establishment
cleaning methods, and other areas subject to
servicing areas, handwash areas, janitorial
moisture.
areas, laundry areas, interior garbage and
B. In a temporary food establishment, retail
refuse storage rooms, and areas subject to
portable structure, special event food stand, or flushing or spray cleaning methods and other
seasonal food stand:
areas subject to moisture.
(1) if graded to drain, a floor may be concrete, B. In a temporary food establishment, retail
machine-laid asphalt, or dirt or gravel if it is
portable structure, special event food stand, or
covered with mats, removable platforms,
seasonal food stand:
duckboards, or other suitable materials
(1) if graded to drain, a floor may be concrete,
approved by the regulatory authority that are
machine-laid asphalt, or dirt or gravel if it is
effectively treated to control dust and mud; and covered with mats, removable platforms,
(2) food activities shall cease in adverse
duckboards, or other suitable materials
weather unless walls and ceilings are
approved by the regulatory authority that are
constructed of a material that protects the
effectively treated to control dust and mud; and
interior from the weather and windblown dust
(2) food activities shall cease in adverse
and debris.
weather unless walls and ceilings are
constructed of a material that protects the
interior from the weather and windblown dust
and debris.
4626.1330 6-102.11 SURFACE
4626.1330 6-102.11 SURFACE
CHARACTERISTICS; OUTDOOR
CHARACTERISTICS; OUTDOOR
AREAS.
AREAS.
A. Exterior walking and driving areas of a
A. Exterior The outdoor walking and driving
food establishment shall be surfaced with
areas of a food establishment shall be surfaced
concrete, asphalt, gravel, or other materials that with concrete, asphalt, or gravel or other
have been effectively treated to minimize dust, materials that have been effectively treated to
facilitate maintenance, and prevent muddy
minimize dust, facilitate maintenance, and
171
Chapter 6
MN Current Code
Code Consensus Committee Proposed
conditions.
prevent muddy conditions.
B. Exterior surfaces of buildings and mobile
B. Exterior surfaces of buildings and mobile
food establishments shall be of weatherfood establishments shall be of weatherresistant materials and shall comply with law.
resistant materials and shall comply with law.
C. Outdoor storage areas for refuse,
C. Outdoor storage areas for refuse,
recyclables, or returnables shall be of materials recyclables, or returnables shall be of materials
specified in parts 4626.1230 and 4626.1235.
specified in parts 4626.1230 and 4626.1235.
4626.1335 6-201.11 FLOORS, WALLS,
4626.1335 6-201.11 CLEANABILITY;
AND CEILINGS.
FLOORS, WALLS, AND CEILINGS.
A. Except as specified in part 4626.1350, the
A. Except as specified in part 4626.1350, the
floors, floor coverings, walls, wall coverings,
floors, floor coverings, walls, wall coverings,
and ceilings shall be designed, constructed, and and ceilings shall be designed, constructed, and
installed so they are smooth and easily
installed so they are smooth and easily
cleanable, except that antislip floor coverings
cleanable, except that antislip floor coverings
or applications may be used for safety reasons. or applications may be used for safety reasons.
B. Surfaces shall be maintained in good repair. B. Surfaces shall be maintained in good repair.
C. Vinyl flooring is prohibited in a walk-in
C. Vinyl flooring is prohibited in a walk-in
cooler or freezer.
cooler or freezer.
D. Sealed concrete is prohibited in those areas D. Sealed concrete is prohibited in those areas
described in part 4626.1325, item A, subitem
described in part 4626.1325, item A, subitem
(3), if food product packages, containers, or
(3), if food product packages, containers, or
cases in those areas are opened. Sealed
cases in those areas are opened. Sealed
concrete is permitted in areas used exclusively concrete is permitted in areas used exclusively
for refuse storage.
for refuse storage. and except for antislip floor
coverings or applications that may be used for
safety reasons, floors, floor coverings, walls,
wall coverings, and ceilings shall be designed,
constructed, and installed so they are smooth
and easily cleanable.
4626.1340 6-201.12 FLOORS, WALLS,
4626.1340 6-201.12 FLOORS, WALLS,
AND CEILINGS; UTILITY LINES.
AND CEILINGS; UTILITY LINES.
A. Utility service lines and pipes shall not be
A. Utility service lines and pipes shall may not
unnecessarily exposed.
be unnecessarily exposed.
B. Exposed utility service lines and pipes shall B. Exposed utility service lines and pipes shall
be installed so they do not obstruct or prevent
be installed so they do not obstruct or prevent
cleaning of the floors, walls, or ceilings.
cleaning of the floors, walls, or ceilings.
C. Exposed utility service lines and pipes shall C. Exposed horizontal utility service lines and
not be installed directly on the walls or floor,
pipes shall may not be installed directly on the
except:
floor. except:
(1) quick disconnect gas hoses approved by the (1) quick disconnect gas hoses approved by the
American Gas Association or NSF
American Gas Association or NSF
International; and
International; and
(2) flexible cords and caps for commercial
(2) flexible cords and caps for commercial
cooking equipment on casters, listed by
cooking equipment on casters, listed by
172
Chapter 6
MN Current Code
Code Consensus Committee Proposed
Underwriter's Laboratory.
Underwriter's Laboratory.
4626.1345 6-201.13 FLOOR AND WALL
4626.1345 6-201.13 FLOOR AND WALL
JUNCTURES; COVED AND ENCLOSED
JUNCTURES; COVED AND ENCLOSED
OR SEALED.
OR SEALED.
A. In food establishments in which cleaning
A. In food establishments in which cleaning
methods other than water flushing are used for methods other than water flushing are used for
cleaning floors, the floor and wall junctures
cleaning floors, the floor and wall junctures
shall be coved and closed to no larger than one shall be coved and closed to no larger than one
millimeter (1/32 inch).
millimeter (one thirty-second inch).
B. The floors in food establishments in which B. The floors in food establishments in which
water flushing cleaning methods are used shall water flush cleaning methods are used shall be
be provided with drains and graded to drain,
provided with drains and be graded to drain,
and the floor and wall junctures shall be coved and the floor and wall junctures shall be coved
and sealed.
and sealed.
4626.1350 6-201.14 FLOOR CARPETING; 4626.1350 6-201.14 FLOOR CARPETING;
RESTRICTIONS AND INSTALLATION.
RESTRICTIONS AND INSTALLATION.
A. Carpeting or similar material shall not be
A. A floor covering such as carpeting or
installed as a floor covering in food preparation similar material shall may not be installed as a
areas; walk-in refrigerators or freezers;
floor covering in food preparation areas, walkwarewashing areas; toilet room areas where
in refrigerators, warewashing areas, toilet room
handwashing lavatories, toilets, and urinals are areas where handwashing lavatories, toilets,
located; refuse storage areas; wait stations;
and urinals are located, refuse storage rooms,
dressing rooms; locker rooms; janitorial areas; wait stations, locker rooms; janitorial areas,
within three feet around permanently installed within three feet around permanently installed
bars and salad bars, other food service
bars and salad bars, other food service
equipment, and food storage rooms; or other
equipment, and food storage rooms, or other
areas subject to moisture, flushing, or spray
areas where the floor is subject to moisture,
cleaning methods.
flushing, or spray cleaning methods.
B. If carpeting is installed as a floor covering
B. If carpeting is installed as a floor covering
in areas other than those specified in item A, it in areas other than those specified in item (A)
shall be:
of this section, it shall be:
(1) securely attached to the floor with a durable
(1) Securely attached to the floor with a
mastic, by using a stretch and tack method, or
durable mastic, by using a stretch and tack
by another method; and
method, or by another method; and
(2) installed tightly against the wall under the
(2) Installed tightly against the wall under the
coving or installed away from the wall with a
coving or installed away from the wall with a
space between the carpet and the wall and with space between the carpet and the wall and with
the edges of the carpet secured by metal
the edges of the carpet secured by metal
stripping or some other means.
stripping or some other means.
4626.1355 6-201.15 FLOOR COVERING;
4626.1355 6-201.15 FLOOR COVERING;
MATS AND DUCKBOARDS.
MATS AND DUCKBOARDS.
A. Mats and duckboards shall be constructed
A. Mats and duckboards shall be designed
of nonabsorbent, nonwood, grease-resistant
constructed of nonabsorbent, nonwood, greasematerials.
resistant materials to be removable and easily
173
Chapter 6
MN Current Code
Code Consensus Committee Proposed
B. Throw carpeting may be used at customer
cleanable.
entrances.
B. Throw carpeting may be used at customer
C. The size, design, and construction of the
entrances.
material shall facilitate easy cleaning.
C. The size, design, and construction of the
material shall facilitate easy cleaning.
4626.1360 6-201.16 WALL AND CEILING
4626.1360 6-201.16 Wall and Ceiling
COVERINGS AND COATINGS.
Coverings and Coatings.
A. Wall and ceiling covering materials shall
A. Wall and ceiling covering materials shall be
be attached so that they are easily cleanable.
attached so that they are easily cleanable.
B. Except in areas used only for dry storage,
B. Except in areas used only for dry storage,
concrete, porous blocks or bricks used for
concrete, porous blocks, or bricks used for
indoor wall construction shall be finished and
indoor wall construction shall be finished and
sealed to provide a smooth, nonabsorbent,
sealed to provide a smooth, nonabsorbent,
easily cleanable surface.
easily cleanable surface.
4626.1365 6-201.17 WALLS AND
4626.1365 6-201.17 Walls and Ceilings,
CEILINGS; ATTACHMENTS.
Attachments.
A. Except as specified in item B, light
A. Except as specified in item (B) of this
fixtures, mechanical room ventilation system
section, attachments to walls and ceilings such
components, vent covers, wall mounted fans,
as light fixtures, mechanical room ventilation
decorative items, and other attachments to
system components, vent covers, wall mounted
walls and ceilings shall be easily cleanable.
fans, decorative items, and other attachments to
B. In a consumer area, wall and ceiling
walls and ceilings shall be easily cleanable.
surfaces and decorative items and attachments B. In a consumer area, wall and ceiling
that are provided for ambiance need not
surfaces and decorative items and attachments
comply with item A if they are kept clean.
that are provided for ambiance need not
comply meet with item A this requirement if
they are kept clean.
4626.1370 6-201.18 WALLS AND
4626.1370 6-201.18 Walls and Ceilings,
CEILINGS; STUDS, JOISTS, AND
Studs, Joists, and Rafters.
A. Except for temporary food establishments,
RAFTERS.
Studs, joists, and rafters may be exposed only
studs, joists, and rafters may not be exposed
in areas used exclusively for the storage of
only in areas used exclusively for the storage
food and single-use articles in unopened
of food and single-use articles in unopened
packages. This part does not apply to
packages subject to moisture.
temporary food establishments.
B. This part requirement does not apply to
temporary food establishments is not intended
for consumer areas.
4626.1375 6-202.11 LIGHT BULBS;
4626.1375 6-202.11 LIGHT BULBS;
PROTECTIVE SHIELDING.
PROTECTIVE SHIELDING.
A. Except as specified in item B, light bulbs
A. Except as specified in item (B) of this
shall be shielded, coated, or otherwise shatter- section, light bulbs shall be shielded, coated, or
resistant in areas where there is exposed food;
otherwise shatter-resistant in areas where there
clean equipment, utensils, and linens; or
is exposed food; clean equipment, utensils, and
unwrapped single-service and single-use
linens; or unwrapped single-service and single-
174
Chapter 6
MN Current Code
Code Consensus Committee Proposed
articles.
use articles.
B. Shielded, coated, or otherwise shatterB. Shielded, coated, or otherwise shatterresistant bulbs need not be used in areas used
resistant bulbs need not be used in areas used
only for storing food in unopened packages, if: only for storing food in unopened packages, if:
(1) the integrity of the packages cannot be
(1) The integrity of the packages cannot be
affected by broken glass falling onto them; and affected by broken glass falling onto them; and
(2) the packages are capable of being cleaned
(2) The packages are capable of being
of debris from broken bulbs before the
cleaned of debris from broken bulbs before the
packages are opened.
packages are opened.
C. An infrared or other heat lamp shall be
C. An infrared or other heat lamp shall be
protected against breakage by a shield
protected against breakage by a shield
surrounding and extending beyond the bulb so surrounding and extending beyond the bulb so
that only the face of the bulb is exposed.
that only the face of the bulb is exposed.
4626.1380 6-202.12 HEATING,
4626.1380 6-202.12 HEATING,
VENTILATING, AND AIR
VENTILATING, AND AIR
CONDITIONING SYSTEM VENTS.
CONDITIONING SYSTEM VENTS.
Heating, ventilating, and air conditioning
Heating, ventilating, and air conditioning
systems shall be designed and installed so that systems shall be designed and installed so that
make-up air intake and exhaust vents do not
make-up air intake and exhaust vents do not
cause contamination of food, food preparation cause contamination of food, food-contact
surfaces, equipment, or utensils. Systems shall preparation surfaces, equipment, or utensils.
be installed according to chapter 1346.
Systems shall be installed according to chapter
1346.
4626.1385 6-202.13 INSECT CONTROL
4626.1385 6-202.13 INSECT CONTROL
DEVICES; DESIGN AND
DEVICES; DESIGN AND
INSTALLATION.
INSTALLATION.
A. Devices that are used to electrocute flying
A. Insect control devices that are used to
insects shall be designed to have escapeelectrocute or stun flying insects shall be
resistant trays.
designed to have escape-resistant trays retain
B. Devices that are used to electrocute flying
the insect within the device.
insects and that may impel insects or insect
B. Insect control devices that are used to
fragments or to trap insects by adherence shall electrocute flying insects and that may impel
be installed so that:
insects or insect fragments or to trap insects by
(1) the devices are not located over a food
adherence shall be installed so that:
preparation area; and
(1) The devices are not located over a food
(2) dead insects and insect fragments are
preparation area; and
prevented from being impelled onto or falling
(2) Dead insects and insect fragments are
on exposed food; clean equipment, utensils,
prevented from being impelled onto or falling
and linens; and unwrapped single-service and
on exposed food; clean equipment, utensils,
single-use articles.
and linens; and unwrapped single-service and
single-use articles.
4626.1390 6-202.14 TOILET ROOMS;
4626.1390 6-202.14 Toilet Rooms; Enclosed.
Except where a toilet room is located outside a
ENCLOSED.
A toilet room located on the premises shall be
food establishment and does not open directly
175
Chapter 6
MN Current Code
Code Consensus Committee Proposed
completely enclosed and provided with a tight- into the food establishment such as a toilet
fitting and self-closing door except that this
room that is provided by the management of a
part does not apply to a toilet room that is
shopping mall, a toilet room located on the
located outside a food establishment and does
premises shall be completely enclosed and
not open directly into the food establishment,
provided with a tight fitting and self-closing
including a toilet room that is provided by the
door. except that this part does not apply to a
management of a shopping mall.
toilet room that is located outside a food
establishment and does not open directly into
the food establishment, including a toilet room
that is provided by the management of a
shopping mall.
4626.1395 6-202.15 OUTER OPENINGS;
4626.1395 6-202.15 Outer Openings,
PROTECTED.
Protected.
A. Except in temporary food establishments,
(A) Except in temporary food establishments,
openings to a portion of a building that is not
openings to a portion of a building that is not
part of the food establishment or to the
part of the food establishment or to the
outdoors shall be protected against the entry of outdoors as specified in items (B), (C), and (E)
insects and rodents by:
and under item (D) of this section, outer
(1) filling or closing holes and other gaps along openings of a food establishment shall be
floors, walls, and ceilings;
protected against the entry of insects and
(2) closed, tight-fitting windows; and
rodents by:
(3) solid self-closing, tight-fitting doors.
(1) Filling or closing holes and other gaps
B. Except as specified in item C, if windows
along floors, walls, and ceilings;
or doors are kept open for ventilation or other
(2) Closed, tight-fitting windows; and
purposes, or the food operation is conducted in
(3) Solid, self-closing, tight-fitting doors.
a temporary food establishment that is not
(B) Paragraph (A) of this section does not
provided with windows and solid doors, the
apply if a food establishment opens into a
openings shall be protected against the entry of larger structure, such as a mall, airport, or
insects and rodents by:
office building, or into an attached structure,
(1) 16 mesh to 25.4 millimeters (one inch)
such as a porch, and the outer openings from
screens;
the larger or attached structure are protected
(2) properly designed and installed air curtains; against the entry of insects and rodents.
or
(C) Exterior doors used as exits need not be
(3) other effective means.
self-closing if they are:
C. Item B does not apply if flying insects and
(1) Solid and tight-fitting;
other pests are absent due to the location of the
(2) Designated for use only when an
establishment, the weather, or other limiting
emergency exists, by the fire protection
condition.
authority that has jurisdiction over the food
establishment; and
(3) Limited-use so they are not used for
entrance or exit from the building for purposes
other than the designated emergency exit use.
(B) (D) Except as specified in item C items (B)
and (E) of this section, if the windows or doors
176
Chapter 6
MN Current Code
Code Consensus Committee Proposed
of a food establishment, or of a larger structure
within which a food establishment is located,
are kept
open for ventilation or other purposes or the
food operation is conducted in a temporary
food establishment that is not provided with
windows and solid doors as specified under
item (A) of this section, the openings shall be
protected against the entry of insects and
rodents by:
(1) 16 mesh to 25.4 mm (16 mesh to one
inch) screens;
(2) Properly designed and installed air
curtains to control flying insects; or
(3) Other effective means.
(C) (E) Item B Paragraph (D) of this section
does not apply if flying insects and other pests
are absent due to the location of the
establishment, the weather, or other limiting
condition.
4626.1400 6-202.16 EXTERIOR WALLS
4626.1400 6-202.16 Exterior Walls and
AND ROOFS; PROTECTIVE BARRIER.
Roofs, Protective Barrier.
Perimeter walls and roofs of a food
Perimeter walls and roofs of a food
establishment shall effectively protect the
establishment shall effectively protect the
establishment from the weather and the entry
establishment from the weather and the entry
of insects, rodents, and other animals.
of insects, rodents, and other animals.
4626.1405 6-202.17 OUTDOOR FOOD
6-202.17 Outdoor Food Vending Areas,
VENDING AREAS; OVERHEAD
Overhead Protection.
If located outside, a Except for machines used
PROTECTION.
If located outside, a machine used to vend food to that vend canned beverages, if located
shall be provided with overhead protection
outside, a machine used to vend food shall be
except that machines vending canned
provided with overhead protection. except that
beverages need not comply with this part.
machines vending canned beverages need not
comply with this part.
4626.1410 6-202.18 OUTDOOR
4626.1410 6-202.18 Outdoor Servicing
SERVICING AREAS; OVERHEAD
Areas, Overhead Protection.
Except for areas used only for the loading of
PROTECTION.
Servicing areas shall be provided with
water or the discharge of sewage and other
overhead protection except that areas used only liquid waste, through the use of a closed
for loading water or discharging sewage and
system of hoses, servicing areas shall be
other liquid waste, through the use of a closed
provided with overhead protection. except that
system of hoses, need not be provided with
areas used only for loading water or
overhead protection.
discharging sewage and other liquid waste,
through the use of a closed system of hoses,
177
Chapter 6
MN Current Code
Code Consensus Committee Proposed
need not be provided with overhead protection.
4626.1415 6-202.19 OUTDOOR WALKING 4626.1415 6-202.19 Outdoor Walking and
AND DRIVING SURFACES; GRADED TO Driving Surfaces, Graded to Drain.
The Exterior walking and driving surfaces of
DRAIN.
The exterior walking and driving surfaces of
the food establishment shall be graded to drain.
the food establishment shall be graded to drain.
4626.1420 6-202.110 OUTDOOR REFUSE
4626.1420 6-202.110 Outdoor Refuse Areas,
AREAS; CURBED AND GRADED TO
Curbed and Graded to Drain.
Outdoor refuse areas shall be constructed
DRAIN.
Outdoor refuse areas shall be constructed
according to in accordance with law and shall
according to law and shall be curbed and
be curbed and graded to drain to collect and
graded to drain to collect and dispose of liquid dispose of liquid waste that results from the
waste that results from refuse and from
refuse and from cleaning the area and waste
cleaning the area and waste receptacles.
receptacles.
4626.1425 6-202.111 PRIVATE HOMES
4626.1425 6-202.111 Private Homes and
AND LIVING OR SLEEPING
Living or Sleeping Quarters, Use
QUARTERS; USE PROHIBITION.
Prohibition.
A private home, a room used as living or
A private home, a room used as living or
sleeping quarters, or an area directly opening
sleeping quarters, or an area directly opening
into a room used as living or sleeping quarters into a room used as living or sleeping quarters
shall not be used for conducting food
shall may not be used for conducting food
establishment operations.
establishment operations.
4626.1430 6-202.112 LIVING OR
4626.1430 6-202.112 Living or Sleeping
SLEEPING QUARTERS; SEPARATION.
Quarters, Separation.
Living or sleeping quarters located on the
Living or sleeping quarters located on the
premises of a food establishment, including
premises of a food establishment, including
those provided for lodging registration clerks
such as those provided for lodging registration
or resident managers, shall be separated from
clerks or resident managers shall be separated
rooms and areas used for food establishment
from rooms and areas used for food
operations by complete partitioning and solid
establishment operations by complete
self-closing doors.
partitioning and solid self-closing doors.
4626.1435 6-301.10 MINIMUM NUMBER.
4626.1435 6-301.10 Handwashing Sinks;
Handwashing lavatories shall be provided as
Minimum Number.
specified in part 4626.1070.
Handwashing sinks shall be provided as
specified in part 4626.1070.
4626.1440 6-301.11 HANDWASHING
4626.1440 6-301.11 Handwashing Cleanser,
CLEANSER AND NAILBRUSH;
Availability.
Each handwashing lavatory sink or group of
AVAILABILITY.
Each handwashing lavatory or group of two
two adjacent lavatories sinks shall have
adjacent lavatories shall have available:
available be provided with:
A. a supply of hand cleaning liquid, powder,
A. a supply of hand cleaning liquid, powder, or
or bar soap; and
bar soap.
B. a nailbrush at the handwashing lavatory
B. a nailbrush at the handwashing lavatory
used by employees.
used by employees.
178
Chapter 6
MN Current Code
Code Consensus Committee Proposed
4626.1445 6-301.12 HAND DRYING
4626.1445 6-301.12 Hand Drying Provision.
Each handwashing lavatory sink or group of
PROVISION.
Each handwashing lavatory or group of
adjacent lavatories sinks shall be provided
adjacent lavatories shall be provided with:
with:
A. individual, disposable towels;
(A) Individual, disposable towels;
B. a continuous towel system that supplies the (B) A continuous towel system that supplies
user with a clean towel; or
the user with a clean towel; or
C. a heated-air hand drying device except that (C) A heated-air hand drying device except
a heated-air hand drying device shall not be the that a heated-air hand drying device shall not
only device provided at a sink used by food
be the only device provided at a sink used by
employees in a food preparation or
food employees in a food preparation or
warewashing area.
warewashing area.
4626.1450 6-301.13 DISPOSABLE
4626.1450 6-301.13 DISPOSABLE
TOWELS; WASTE RECEPTACLE.
TOWELS; WASTE RECEPTACLE.
A waste receptacle shall be provided as
A waste receptacle shall be provided as
specified in part 4626.1255, item B, for each
specified in part 4626.1255, item B, for each
handwashing lavatory or group of adjacent
handwashing lavatory or group of adjacent
lavatories that is provided with individual,
lavatories that is provided with individual,
disposable towels specified in part 4626.1445, disposable towels specified in part 4626.1445,
item A.
item A.
4626.1455 6-301.14 HANDWASHING AIDS 4626.1455 6-301.13 Handwashing Aids and
AND DEVICES; USE RESTRICTIONS.
Devices, Use Restrictions.
A sink used for food preparation or utensil
A sink used for food preparation or utensil
washing, or a service sink or curbed cleaning
washing, or a service sink or curbed cleaning
facility used for the disposal of mop water or
facility used for the disposal of mop water or
similar wastes, shall not be provided with the
similar wastes, shall may not be provided with
handwashing aids and devices required for a
the handwashing aids and devices required for
handwashing lavatory specified in parts
a handwashing lavatory sink as specified in
4626.1440 to 4626.1450.
parts 4626.1440 to 4626.1450.
6-301.14 Handwashing Signage.
A sign or poster that notifies food employees
to wash their hands shall be provided at all
handwashing sinks used by food employees
and shall be clearly visible to food employees.
6-301.20 Disposable Towels, Waste
Receptacle.
A handwashing sink or group of adjacent
handwashing sinks that is provided with
disposable towels shall be provided with a
waste receptacle as specified in part
4626.1255(C).
4626.1460 6-302.10 TOILETS AND
4626.1460 6-302.10 Toilets and Urinals;
URINALS; MINIMUM NUMBER.
Minimum Number.
Toilets and urinals shall be provided as
Toilets and urinals shall be provided as
179
Chapter 6
MN Current Code
Code Consensus Committee Proposed
specified in part 4626.1075.
specified in part 4626.1075.
4626.1465 6-302.11 TOILET TISSUE;
4626.1465 6-302.11 Toilet Tissue,
AVAILABILITY.
Availability.
A supply of toilet tissue shall be available at
A supply of toilet tissue shall be available at
each toilet.
each toilet.
4626.1470 6-303.11 LIGHTING
4626.1470 6-303.11 Lighting Intensity.
The light intensity shall be:
INTENSITY.
The light intensity shall be:
(A) At least 108 lux (10 foot candles) at a
A. at least 110 lux (ten foot candles) at a
distance of 75 cm (30 inches) above the floor,
distance of 75 cm (30 inches) above the floor,
in walk-in refrigeration units and dry food
in walk-in refrigeration units and dry food
storage areas and in other areas and rooms
storage areas, and in other areas and rooms
during periods of cleaning;
during periods of cleaning;
(B) At least 215 lux (20 foot candles):
B. at least 220 lux (20 foot candles):
(1) At a surface where food is provided for
(1) at a surface where food is provided for
consumer self-service including such as buffets
consumer self-service, including buffets and
and salad bars or where fresh produce or
salad bars, or where fresh produce or packaged packaged foods are sold or offered for
foods are sold or offered for consumption;
consumption,
(2) inside equipment including reach-in and
(2) Inside equipment including such as
under-counter refrigerators;
reach-in and under-counter refrigerators; and
(3) at a distance of 75 cm (30 inches) above the
(3) At a distance of 75 cm (30 inches) above
floor in areas used for equipment and utensil
the floor in areas used for handwashing,
storage and in toilet rooms; and
warewashing, and equipment and utensil
(4) for areas behind a bar exempt under item C; storage, and in toilet rooms; and
and
(4) for areas behind a bar exempt under item C;
C. at least 540 lux (50 foot candles) at a
and
surface where a food employee is working with (C) At least 540 lux (50 foot candles) at a
food or working with utensils or equipment,
surface where a food employee is working with
including knives, slicers, grinders, or saws,
food or working with utensils or equipment
where employee safety is a factor and in areas
including such as knives, slicers, grinders, or
used for warewashing other than the area
saws where employee safety is a factor and in
behind a bar.
areas used for warewashing other than the area
behind a bar.
4626.1475 6-304.11 MECHANICAL.
4626.1475 6-304.11 Ventilation; Mechanical.
A. All rooms shall have sufficient tempered
A. All rooms shall have sufficient tempered
make-up air and exhaust ventilation to keep
make-up air and exhaust ventilation to If
them free of excessive heat, steam,
necessary to keep them rooms free of excessive
condensation, vapors, obnoxious or
heat, steam, condensation, vapors, obnoxious
disagreeable odors, smoke, and fumes.
or disagreeable odors, smoke, and fumes,
B. All ventilation systems, furnaces, gas- or
mechanical ventilation of sufficient capacity
oil-fired room heaters, and water heaters shall
shall be provided in accordance with chapters
be designed, installed, and operated according 1305, 1346, and 7510.
to chapters 1305, 1346, and 7510.
B. All ventilation systems, furnaces, gas- or
C. All ventilation systems shall be operated as oil-fired room heaters, and water heaters shall
180
Chapter 6
MN Current Code
Code Consensus Committee Proposed
designed while the ventilated equipment is in
be designed, installed, and operated according
use.
to chapters 1305, 1346, and 7510.
D. Ventilation systems equipped with filters
C. All ventilation systems shall be operated as
shall not be operated with the filters removed.
designed while the ventilated equipment is in
use.
D. Ventilation systems equipped with filters
shall not be operated with the filters removed.
4626.1480 6-305.11 DRESSING ROOMS
4626.1480 6-305.11 Dressing Rooms Areas
AND LOCKERS; DESIGNATION.
and Lockers; Designation.
A. Dressing rooms or dressing areas shall be
(A) Dressing rooms or dressing areas shall be
designated if employees routinely change
designated if employees routinely change their
clothes in the establishment.
clothes in the establishment.
B. Lockers or other suitable facilities shall be
(B) Lockers or other suitable facilities shall be
provided for the orderly storage of employees' provided for the orderly storage of employees’
clothing and other possessions.
clothing and other possessions.
4626.1485 6-306.10 SERVICE SINK;
4626.1485 6-306.10 Service Sinks;
AVAILABILITY.
Availability.
A service sink or curbed cleaning facility shall A service sink or curbed cleaning facility shall
be provided as specified in part 4626.1080.
be provided as specified in part 4626.1080.
4626.1490 6-401.10 HANDWASHING
4626.1490 6-401.10 Handwashing Sinks;
LAVATORIES; CONVENIENTLY
Conveniently Located.
Handwashing lavatories sinks shall be
LOCATED.
Handwashing lavatories shall be conveniently
conveniently located as specified in part
located as specified in part 4626.1095.
4626.1095.
4626.1495 6-402.11 TOILET ROOMS;
4626.1495 6-402.11 Toilet Rooms;
CONVENIENCE AND ACCESSIBILITY.
Convenience and Accessibility.
Toilet rooms shall be conveniently located and Toilet rooms shall be conveniently located and
accessible to employees during all hours of
accessible to employees during all hours of
operation.
operation.
4626.1500 6-403.11 DESIGNATED AREAS. 4626.1500 6-403.11 Designated Areas.
A. Areas designated for employees to eat,
(A) Areas designated for employees to eat,
drink, and use tobacco shall be located so that
drink, and use tobacco shall be located so that
food, equipment, linens, and single-service and food, equipment, linens, and single-service and
single-use articles are protected from
single-use articles are protected from
contamination.
contamination.
B. Lockers or other suitable facilities shall be
(B) Lockers or other suitable facilities shall be
located in a designated room or area where
located in a designated room or area where
contamination of food, equipment, utensils,
contamination of food, equipment, utensils,
linens, and single-service and single-use
linen and single-service and single-use articles
articles cannot occur.
cannot occur.
4626.1505 6-404.11 SEGREGATION AND
4626.1505 6-404.11 Segregation and
LOCATION.
Location.
Products that are held by the licensee for
Products that are held by the licensee for
credit, redemption, or return to the distributor, credit, redemption, or return to the distributor,
181
Chapter 6
MN Current Code
Code Consensus Committee Proposed
including damaged, spoiled, or recalled
including such as damaged, spoiled, or recalled
products, shall be segregated and held in
products, shall be segregated and held in
designated areas that are separated from food,
designated areas that are separated from food,
equipment, utensils, linens, and single-service
equipment, utensils, linens, and single-service
and single-use articles.
and single-use articles.
4626.1510 6-405.10 EQUIPMENT,
4626.1510 6-405.10 Equipment, Receptacles,
RECEPTACLES, AND DESIGNATED
Waste Handling Units, and Designated
STORAGE AREA.
Storage Areas.
Equipment, receptacles, and areas designated
Equipment Units, receptacles, and areas
for storage of refuse and recyclable and
designated for storage of refuse and recyclable
returnable containers shall be located as
and returnable containers shall be located as
specified in part 4626.1270.
specified in part 4626.1270.
4626.1515 6-501.11 REPAIRING.
4626.1515 6-501.11 Repairing.
The physical facilities shall be maintained in
The Physical facilities shall be maintained in
good repair.
good repair.
4626.1520 6-501.12 CLEANING;
4626.1520 6-501.12 Cleaning, Frequency
FREQUENCY AND RESTRICTIONS.
and Restrictions.
A. The physical facilities shall be cleaned as
(A) The Physical facilities shall be cleaned as
often as necessary to keep them clean.
often as necessary to keep them clean.
B. Cleaning shall be done after closing or
(B) Except for cleaning that is necessary due to
during other periods when the least amount of
a spill or other accident, cleaning shall be done
food is exposed. This item does not apply to
after closing or during other periods when the
cleaning that is necessary due to a spill or other least amount of food is exposed such as after
accident.
closing. This item does not apply to cleaning
that is necessary due to a spill or other
accident.
4626.1525 6-501.13 CLEANING FLOORS;
4626.1525 6-501.13 Cleaning Floors,
DUSTLESS METHODS.
Dustless Methods.
A. Except as specified in item B, only wet
(A) Except as specified in item (B) of this
cleaning, vacuum cleaning, mopping with
section, only dustless methods of cleaning shall
treated dust mops, sweeping using a broom and be used, such as wet cleaning, vacuum
dust-arresting compounds, or other dustless
cleaning, mopping with treated dust mops, or
methods of cleaning shall be used to clean
sweeping using a broom and dust-arresting
floors.
compounds, or other dustless methods of
B. Spills or drippage on floors that occur
cleaning shall be used to clean floors.
between normal floor cleaning times may be
(B) Spills or drippage on floors that occur
cleaned:
between normal floor cleaning times may be
(1) without the use of dust-arresting
cleaned:
compounds;
(1) Without the use of dust-arresting
and
compounds; and
(2) in the case of liquid spills or drippage, with
(2) In the case of liquid spills or drippage,
the use of a small amount of sawdust,
with the use of a small amount of absorbent
diatomaceous earth, or other absorbent
compound such as sawdust or diatomaceous
compound applied immediately before spot
earth or other absorbent compound applied
182
Chapter 6
MN Current Code
Code Consensus Committee Proposed
cleaning.
immediately before spot cleaning.
4626.1530 6-501.14 CLEANING
4626.1530 6-501.14 Cleaning Ventilation
VENTILATION SYSTEMS; NUISANCE
Systems, Nuisance and Discharge
AND DISCHARGE PROHIBITION.
Prohibition.
A. Intake and exhaust air ducts shall be
(A) Intake and exhaust air ducts shall be
cleaned and filters changed so they are not a
cleaned and filters changed so they are not a
source of contamination by dust, dirt, and other source of contamination by dust, dirt, and other
materials.
materials.
B. If vented to the outside, ventilation systems (B) If vented to the outside, ventilation systems
shall not create a public health hazard or
may not create a public health hazard or
nuisance or unlawful discharge.
nuisance or unlawful discharge.
4626.1535 6-501.15 CLEANING
4626.1535 6-501.15 Cleaning Maintenance
MAINTENANCE TOOLS; PREVENTING Tools, Preventing Contamination.*
Food preparation sinks, handwashing
CONTAMINATION.
Food preparation sinks, handwashing
lavatories sinks, and warewashing equipment
lavatories, and
shall may not be used to for the cleaning of
warewashing equipment shall not be used to
maintenance tools, to prepare the preparation
clean maintenance tools, to prepare or hold
or holding of maintenance materials, or to
maintenance materials, or to dispose of mop
dispose the disposal of mop water and similar
water and similar liquid wastes.
liquid wastes.
4626.1540 6-501.16 DRYING MOPS.
4626.1540 6-501.16 Drying Mops.
After use, mops shall be placed in a position
After use, mops shall be placed in a position
that allows them to air-dry without soiling
that allows them to air-dry without soiling
walls, equipment, or supplies.
walls, equipment, or supplies.
4626.1545 6-501.17 ABSORBENT
4626.1545 6-501.17 Absorbent Materials on
MATERIALS ON FLOORS; USE
Floors, Use Limitation.
Except as specified in part 4626.1525, item B,
LIMITATION.
Except as specified in part 4626.1525, item B, sawdust, wood shavings, granular salt, baked
sawdust, wood shavings, granular salt, baked
clay, diatomaceous earth, or similar absorbent
clay, diatomaceous earth, or similar absorbent
materials shall may not be used on floors.
materials shall not be used on floors.
6-501.18 Cleaning of Plumbing Fixtures.
Plumbing Fixtures such as handwashing sinks,
toilets, and urinals shall be cleaned as often as
necessary to keep them clean and maintained
and used as specified in part 4626.1110.
4626.1550 6-501.18 MAINTAINING AND
4626.1550 6-501.18 MAINTAINING AND
USING HANDWASHING LAVATORIES.
USING HANDWASHING LAVATORIES.
Handwashing lavatories shall be kept clean and Handwashing lavatories shall be kept clean and
maintained and used as specified in part
maintained and used as specified in part
4626.1110.
4626.1110.
4626.1555 6-501.19 CLOSING TOILET
4626.1555 6-501.19 Closing Toilet Room
ROOM DOORS.
Doors.
Toilet room doors specified in part 4626.1390
Except during cleaning and maintenance
183
Chapter 6
MN Current Code
Code Consensus Committee Proposed
shall be kept closed except during cleaning and operations, toilet room doors as specified in
maintenance operations.
part 4626.1390 shall be kept closed except
during cleaning and maintenance operations.
4626.1560 6-501.110 USING DRESSING
4626.1560 6-501.110 Using Dressing Rooms
ROOMS AND LOCKERS.
and Lockers.
A. Dressing rooms shall be used by employees (A) Dressing rooms shall be used by
if the employees regularly change clothes in
employees if the employees regularly change
the establishment.
their clothes in the establishment.
B. Lockers or other suitable facilities shall be
(B) Lockers or other suitable facilities shall be
used for the orderly storage of employee
used for the orderly storage of employee
clothing and other possessions.
clothing and other possessions.
4626.1565 6-501.111 CONTROLLING
4626.1565 6-501.111 Controlling Pests.*
The presence of insects, rodents, and other
PESTS.*
The presence of insects, rodents, and other
pests shall be controlled to minimize their
pests shall be controlled to minimize their
presence on the premises by:
presence on the premises by:
(A) Routinely inspecting incoming shipments
A. routinely inspecting incoming shipments of of food and supplies;N
food and supplies;N
(B) Routinely inspecting the premises for
B. routinely inspecting the premises for
evidence of pests;N
N
evidence of pests;
(C) Using methods, if pests are found, such as
C. if pests are found, using trapping devices or using trapping devices or other means of pest
other means of pest control specified in parts
control as specified in parts 4626.1610,
4626.1610, 4626.1650, and 4626.1655; and
4626.1650, and 4626.1655; and
D. eliminating harborage conditions.N
(D) Eliminating harborage conditions.N
4626.1570 6-501.112 REMOVING DEAD
4626.1570 6-501.112 Removing Dead or
OR TRAPPED PESTS.
Trapped Birds, Insects, Rodents, and Other
Dead or trapped birds, insects, rodents, and
Pests.
other pests shall be removed from control
Dead or trapped birds, insects, rodents, and
devices and the premises at a frequency that
other pests shall be removed from control
prevents accumulation, decomposition, or
devices and the premises at a frequency that
attraction of pests.
prevents their accumulation, decomposition, or
the attraction of pests.
4626.1575 6-501.113 STORING
4626.1575 6-501.113 Storing Maintenance
MAINTENANCE EQUIPMENT.
Tools.
Brooms, mops, vacuum cleaners, and similar
Maintenance tools such as brooms, mops,
maintenance tools shall be:
vacuum cleaners, and similar maintenance
A. stored so they do not contaminate food,
tools items shall be:
equipment, utensils, linens, and single-service
(A) Stored so they do not contaminate food,
and single-use articles; and
equipment, utensils, linens, and single-service
B. stored in an orderly manner that facilitates
and single-use articles; and
cleaning the area used for storing maintenance (B) Stored in an orderly manner that facilitates
tools.
cleaning the area used for storing the
maintenance tools.
184
Chapter 6
MN Current Code
Code Consensus Committee Proposed
4626.1580 6-501.114 MAINTAINING
4626.1580 6-501.114 Maintaining Premises,
PREMISES; UNNECESSARY ITEMS
Unnecessary Items and Litter.
The food establishment premises shall be free
AND LITTER.
The food establishment premises shall be free
of:
of:
(A) Items that are unnecessary to the operation
A. items that are unnecessary to the operation or maintenance of the establishment including
or maintenance of the establishment, including such as equipment that is nonfunctional or no
equipment that is nonfunctional or no longer
longer used; and
used; and
(B) Litter.
B. litter.
4626.1585 6-501.115 PROHIBITING
4626.1585 6-501.115 Prohibiting Animals.*
(A) Except as specified in items (B) and (C) of
ANIMALS.*
A. Except as specified in items B and C, live
this section, live animals shall may not be
animals shall not be allowed on the premises of allowed on the premises of a food
a food establishment.
establishment.
B. Live animals may be allowed in the
(B) Live animals may be allowed in the
following situations if the contamination of
following situations if the contamination of
food; clean equipment, utensils, and linens;
food; clean equipment, utensils, and linens;
and unwrapped single-service and single-use
and unwrapped single-service and single-use
articles cannot result:
articles cannot
(1) edible fish or decorative fish in aquariums, result:
shellfish or crustacea on ice or under
(1) Edible fish or decorative fish in aquariums,
refrigeration, and shellfish or crustacea in
shellfish or crustacea on ice or under
display tank systems;
refrigeration, and shellfish and crustacea in
(2) patrol dogs accompanying police or
display tank systems;
security officers in offices and dining, sales,
(2) Patrol dogs accompanying police or
and storage areas, and sentry dogs running
security officers in offices and dining, sales,
loose in outside fenced areas;
and storage areas, and sentry dogs running
(3) in areas that are not used for food
loose in outside fenced areas;
preparation, including dining and sales areas,
(3) In areas that are not used for food
support animals that are trained to assist an
preparation including and that are usually open
employee or other person who is handicapped, for customers, such as dining and sales areas,
are controlled by the handicapped employee or support service animals that are trained to
person, and are not allowed on seats or tables;
assist an employee or other person who is
and
handicapped, controlled by the disabled
(4) pets in the common dining areas of group
employee or person, and are not allowed on
residences at times other than during meals if:
seats or tables if a health or safety hazard will
(a) effective partitioning and self-closing doors not result from the presence or activities of the
separate the common dining areas from food
service animal; and
storage or food preparation areas;
(4) Pets in the common dining areas of group
(b) condiments, equipment, and utensils are
residences institutional care facilities such as
stored in enclosed cabinets or removed from
nursing homes, assisted living facilities, group
the common dining areas when pets are
homes, or residential care facilities at times
present; and
other than during meals if:
185
Chapter 6
MN Current Code
Code Consensus Committee Proposed
(c) dining areas including tables, countertops,
(a) Effective partitioning and self-closing doors
and similar surfaces are effectively cleaned
separate the common dining areas from food
before the next meal service.
storage or food preparation areas,
C. Live or dead bait may be allowed if
(b) Condiments, equipment, and utensils are
separately stored so that contamination of
stored in enclosed cabinets or removed from
food; food preparation areas; clean equipment, the common dining areas when pets are
utensils, and linens; and unwrapped single-use present, and
articles cannot result.
(c) Dining areas including tables, countertops,
and similar surfaces are effectively cleaned
before the next meal service; and
(5) In areas that are not used for food
preparation, storage, sales, display, or dining,
in which there are caged animals or animals
that are similarly confined, such as in a variety
store that sells pets or a tourist park that
displays animals.
(C) Live or dead fish bait may be allowed if
separately stored if so that contamination of
food; food preparation areas; clean equipment,
utensils, and linens; and unwrapped singleservice and single-use articles cannot result.
186
Chapter 7
MN Current Code
Code Consensus Committee Proposed
IDENTIFYING INFORMATION;
4626.1590 7-101.11 IDENTIFYING
PROMINENCE.*
INFORMATION; PROMINENCE.*
Containers of poisonous or toxic materials and Containers of poisonous or toxic materials and
personal care items shall bear a legible
personal care items shall bear a legible
manufacturer's label.
manufacturer's label.
COMMON NAME.*
4626.1595 7-102.11 COMMON NAME.*
Working containers used for storing cleaners,
Working containers used for storing poisonous
sanitizers, and other poisonous or toxic
or toxic materials such as cleaners and
materials taken from bulk supplies shall be
sanitizers taken from bulk supplies shall be
clearly and individually identified with the
clearly and individually identified with the
common name of the material.
common name of the material.
SEPARATION.*
4626.1600 7-201.11 SEPARATION.*
Poisonous or toxic materials shall be stored so Poisonous or toxic materials shall be stored so
they cannot contaminate food, equipment,
they can not contaminate food, equipment,
utensils, linens, and single-service and singleutensils, linens, and single-service and singleuse articles by:
use articles by:
A. separating the poisonous or toxic materials A. Separating the poisonous or toxic materials
by spacing or partitioning; and
by spacing or partitioning; and
B. locating the poisonous or toxic materials in B. Locating the poisonous or toxic materials in
an area that is not above food, equipment,
an area that is not above food, equipment,
utensils, linens, and single-service or singleutensils, linens, and single-service or singleuse articles. This item does not apply to
use articles. This item paragraph does not
equipment and utensil cleaners and sanitizers
apply to equipment and utensil cleaners and
that are stored in warewashing areas for
sanitizers that are stored in warewashing areas
availability and convenience if the materials
for availability and convenience if the
are stored to prevent contamination of food,
materials are stored to prevent contamination
equipment, utensils, linens, and single-service
of food, equipment, utensils, linens, and singleand single-use articles.
service and single-use articles.
RESTRICTION.
4626.1605 7-202.11 RESTRICTION.
A. Only those poisonous or toxic materials
A. Only those poisonous or toxic materials that
that are required for the operation and
are required for the operation and maintenance
maintenance of a food establishment, including of a food establishment, including such as for
those for cleaning and sanitizing equipment
the cleaning and sanitizing of equipment and
and utensils and controlling insects and
utensils and controlling the control of insects
rodents, shall be allowed in a food
and rodents, shall be allowed in a food
establishment.
establishment.
B. Item A does not apply to packaged
B. Item A of this section does not apply to
poisonous or toxic materials that are for retail
packaged poisonous or toxic materials that are
sale.
for retail sale.
CONDITIONS OF USE.*
4626.1610 7-202.12 CONDITIONS OF USE.*
Poisonous or toxic materials shall be:
Poisonous or toxic materials shall be:
A. used according to:
A. Used according to:
(1) Minnesota Statutes, chapter 18B, and
(1) Minnesota Statutes, chapter 18B, and
187
Chapter 7
MN Current Code
Code Consensus Committee Proposed
section
section 31.101, subdivision 3 and this Code;
31.101, subdivision 3;
(2) the Manufacturer's use directions
(2) the manufacturer's use directions included included in labeling, and, for a pesticide,
in labeling and, for a pesticide, the
manufacturer's label instructions that state that
manufacturer's label instructions that state that use is allowed in a food establishment; and
use is allowed in a food establishment; and
(3) The conditions of certification licensing,
(3) the conditions of certification for use of
if licensing is required, for use of the pest
pest control materials as required in chapter
control materials,
1505 and Minnesota Statutes, chapter 18B;
(4) Additional conditions that may be
B. applied so that:
established by the regulatory authority; as
(1) a hazard to employees or other persons is required in chapter 1505 and Minnesota
not constituted as prescribed on the label; and
Statutes, chapter 18B; and
(2) contamination, including toxic residues
(B) Applied so that:
due to drip, drain, fog, splash, or spray on
(1) A hazard to employees or other persons is
food, equipment, utensils, linens, and singlenot constituted as prescribed on the label; and
service and single-use articles, is prevented.
(2) Contamination including toxic residues
For a restricted use pesticide, this is achieved
due to drip, drain, fog, splash, or spray on
by:
food, equipment, utensils, linens, and single(a) removing the items;
service and single-use articles is prevented.,
(b) covering the items with impermeable
and for a restricted use pesticide, this is
covers; or
achieved by:
(c) cleaning and sanitizing equipment and
(a) Removing the items,
utensils after the application; and
(b) Covering the items with impermeable
C. for restricted-use pesticide, applied only by covers, or
a certified applicator as defined in the Federal
(c) Taking other appropriate preventive
Insecticide, Fungicide, and Rodenticide Act,
actions, and
United States Code, title 7, section 136,
(d) Cleaning and sanitizing equipment and
paragraph (e), and Minnesota Statutes, chapter utensils after the application.; and
18B.
(C) for A restricted use pesticide shall be
applied only by a certified an applicator
licensed as defined in the Federal Insecticide,
Fungicide, and Rodenticide Act, United States
Code, title 7, section 136, paragraph (e), 7
USC 136(e) Certified Applicator, of the
Federal Insecticide, Fungicide and Rodenticide
Act, and Minnesota Statutes, chapter 18B.
POISONOUS OR TOXIC MATERIAL
4626.1615 7-203.11 POISONOUS OR TOXIC
CONTAINERS.*
MATERIAL CONTAINERS.*
A container previously used to store poisonous A container previously used to store poisonous
or toxic materials shall not be used to store,
or toxic materials shall may not be used to
transport, or dispense food.
store, transport, or dispense food.
SANITIZERS; CRITERIA.*
4626.1620 7-204.11 SANITIZERS;
Chemical sanitizers and other chemical
CRITERIA.*
antimicrobials applied to food-contact surfaces Chemical sanitizers and other chemical
188
Chapter 7
MN Current Code
Code Consensus Committee Proposed
shall meet the requirements specified in Code
antimicrobials applied to food-contact surfaces
of Federal Regulations, title 21, section
shall meet the requirements specified in Code
178.1010.
of Federal Regulations, title 21, section
178.1010 21 CFR 178.1010 sanitizing
solutions.
CHEMICALS FOR WASHING FRUITS
4626.1625 7-204.12 CHEMICALS FOR
AND VEGETABLES; CRITERIA.*
WASHING FRUITS AND VEGETABLES;
Chemicals used to wash or peel raw, whole
CRITERIA. *
fruits and vegetables shall meet the
Chemicals used to wash or peel raw, whole
requirements specified in Code of Federal
fruits and vegetables shall meet the
Regulations, title 21, section 173.315.
requirements specified in Code of Federal
Regulations, title 21, section 173.315 21 CFR
173.315. Chemicals used in washing or to
assist in the lye peeling of fruits and
vegetables.
BOILER WATER ADDITIVES; CRITERIA.* 4626.1630 7-204.13 BOILER WATER
Chemicals used as boiler water additives shall
ADDITIVES; CRITERIA. *
meet the requirements specified in Code of
Chemicals used as boiler water additives shall
Federal Regulations, title 21, section 173.310.
meet the requirements specified in Code of
Federal Regulations, title 21, section 173.310
21 CFR 173.310 Boiler Water Additives.
DRYING AGENTS; CRITERIA.*
4626.1635 7-204.14 DRYING AGENTS;
Drying agents used in conjunction with
CRITERIA. *
sanitization shall not conflict with Minnesota
Drying agents used in conjunction with
Statutes, section 31.101, subdivision 8.
sanitization shall not conflict with Minnesota
Statutes, section 31.101, subdivision 8.:
A. Contain only components that are listed as
one of the following:
(1) Generally recognized as safe for use in
food as specified in 21 CFR 182 - Substances
Generally Recognized as Safe, or 21 CFR 184
- Direct Food Substances Affirmed as
Generally Recognized as Safe,
(2) Generally recognized as safe for the
intended use as specified in 21 CFR 186 Indirect Food Substances Affirmed as
Generally Recognized as Safe,
(3) Approved for use as a drying agent under
a prior sanction specified in 21 CFR 181 Prior-Sanctioned Food Ingredients,
(4) Specifically regulated as an indirect food
additive for use as a drying agent as specified
in 21 CFR Parts 175-178, or
(5) Approved for use as a drying agent under
189
Chapter 7
MN Current Code
Code Consensus Committee Proposed
the threshold of regulation process established
by 21 CFR 170.39 Threshold of regulation for
substances used in food-contact articles; and
B. When sanitization is with chemicals, the
approval required under Subparagraph (A)(3)
or (A)(5) of this section or the regulation as an
indirect food additive required under
Subparagraph (A)(4) of this section, shall be
specifically for use with chemical sanitizing
solutions.
INCIDENTAL FOOD CONTACT;
4626.1640 7-205.11 INCIDENTAL FOOD
CRITERIA.*
CONTACT; CRITERIA.*
Lubricants shall meet the requirements
Lubricants shall meet the requirements
specified in Code of Federal Regulations, title
specified in Code of Federal Regulations, title
21, section 178.3570, if they are used on food- 21, section 178.3570 21 CFR 178.3570
contact surfaces, on bearings and gears located Lubricants with incidental food contact, if they
on or within food-contact surfaces, or on
are used on food-contact surfaces, on bearings
bearings and gears that are located so that
and gears located on or within food-contact
lubricants may leak, drip, or be forced into
surfaces, or on bearings and gears that are
food or onto food-contact surfaces.
located so that lubricants may leak, drip, or be
forced into food or onto food-contact surfaces.
RESTRICTED USE PESTICIDES;
4626.1645 7-206.11 RESTRICTED USE
CRITERIA.*
PESTICIDES; CRITERIA.*
Restricted use pesticides specified in part
Restricted use pesticides specified in part
4626.1610, item C, shall meet the requirements 4626.1610, item C, shall meet the requirements
specified in Code of Federal Regulations, title
specified in Code of Federal Regulations, title
40, section 152.1
40, section 152.1 40 CFR 152 Subpart I Classification of Pesticides.
RODENT BAIT STATIONS.*
4626.1650 7-206.12 RODENT BAIT
Rodent bait shall be contained in a covered,
STATIONS.*
tamper-resistant bait station.
Rodent bait shall be contained in a covered,
tamper-resistant bait station.
TRACKING POWDERS; PEST CONTROL
4626.1655 7-206.13 TRACKING POWDERS;
AND
PEST CONTROL AND MONITORING.*
MONITORING.*
A. A tracking powder pesticide shall may not
A. A tracking powder pesticide shall not be
be used in a food establishment.
used in a food establishment.
B. If used, a nontoxic tracking powder such as
B. If used, talcum, flour, or another nontoxic
talcum or flour or another nontoxic tracking
tracking powder shall not contaminate food,
powder shall may not contaminate food,
equipment, utensils, linens, and single-service
equipment, utensils, linens, and single-service
and single-use articles.N
and single-use articles.N
RESTRICTION AND STORAGE.*
4626.1660 7-207.11 RESTRICTION AND
A. Only those medicines that are necessary for STORAGE.*
the health of employees shall be allowed in a
A. Only those medicines that are necessary for
190
Chapter 7
MN Current Code
Code Consensus Committee Proposed
food establishment. This part does not apply to the health of employees shall be allowed in a
medicines that are stored or displayed for retail food establishment. This part section does not
sale.
apply to medicines that are stored or displayed
B. Medicine that requires refrigeration or
for retail sale.
storage and belongs to employees, individuals
B. Medicines that are in a food establishment
in a day care setting, or residents of a board
for the employees’ use requires refrigeration or
and lodging facility shall be labeled as
storage and belongs to employees, individuals
specified in part 4626.1590 and located to
in a day care setting, or residents of a board
prevent the contamination of food, equipment, and lodging facility shall be labeled as
utensils, linens, and single-service and singlespecified in part 4626.1590 and located to
use articles.
prevent the contamination of food, equipment,
utensils, linens, and single-service and singleuse articles.
REFRIGERATED MEDICINES;
4626.1665 7-207.12 REFRIGERATED
STORAGE.*
MEDICINES; STORAGE.*
Medicines belonging to employees or children Medicines belonging to employees or to
in a day care center that require refrigeration
children in a day care center that require
and are stored in a food refrigerator shall be:
refrigeration and are stored in a food
A. stored in a package or container and kept
refrigerator shall be:
inside a covered, leakproof container that is
A. Stored in a package or container and kept
identified as a container for the storage of
inside a covered, leakproof container that is
medicines; and
identified as a container for the storage of
B. located so they are inaccessible to children. medicines; and
B. Located so they are inaccessible to children.
STORAGE.*
4626.1670 7-208.11 STORAGE.*
First aid supplies that are in a food
First aid supplies that are in a food
establishment for employee use shall be:
establishment for the employees’ use shall be:
A. labeled as specified in part 4626.1590; and A. Labeled as specified in part 4626.1590; and
B. stored in a kit or container that is located to B. Stored in a kit or a container that is located
prevent the contamination of food, equipment, to prevent the contamination of food,
utensils, linens, and single-service and singleequipment, utensils, and linens, and singleuse articles.
service and single-use articles.
PERSONAL CARE ITEMS; STORAGE.
4626.1675 7-209.11 PERSONAL CARE
Except as specified in parts 4626.1665 and
ITEMS; STORAGE.
4626.1670,
Except as specified in parts 4626.1665 and
employees shall store personal care items as
4626.1670, employees shall store their
specified in part 4626.1560, item B.
personal care items in facilities as specified in
part 4626.1560, item B.
POISONOUS OR TOXIC MATERIALS;
SEPARATION.*
Poisonous or toxic materials shall be stored
and displayed for retail sale so they cannot
contaminate food, equipment, utensils, linens,
4626.1680 7-301.11 POISONOUS OR TOXIC
MATERIALS; SEPARATION.*
Poisonous or toxic materials shall be stored
and displayed for retail sale so they can not
contaminate food, equipment, utensils, linens,
191
Chapter 7
MN Current Code
Code Consensus Committee Proposed
and single-service and single-use articles by:
and single-service and single-use articles by:
A. separating the poisonous or toxic materials A. Separating the poisonous or toxic materials
by spacing or partitioning; and
by spacing or partitioning; and
B. locating the poisonous or toxic materials in B. Locating the poisonous or toxic materials in
an area that is not above food, equipment,
an area that is not above food, equipment,
utensils, linens, and single-service or singleutensils, linens, and single-service or singleuse articles.
use articles.
192
Chapter 8
MN Current Code
Code Consensus Committee Proposed
4626.1685 8-101.10 PUBLIC HEALTH
4626.1685 8-101.10 PUBLIC HEALTH
PROTECTION.
PROTECTION.
A. The regulatory authority shall apply the
A. The regulatory authority shall apply the this
Code to promote its underlying purposes of
Code to promote its underlying purpose, as
safeguarding public health and ensuring that
specified in part 4626.0015 of safeguarding
food is not adulterated, misbranded, or falsely
public health and ensuring that food is safe, not
advertised when offered to the consumer.
unadulterated, misbranded, or falsely
B. In enforcing the Code, the regulatory
advertised and honestly presented when
authority shall assess existing facilities or
offered to the consumer.
equipment that were in use before September
B. In enforcing the provisions of this Code, the
8, 1998, based on the following considerations: regulatory authority shall assess existing
(1) whether the facilities or equipment are in
facilities or equipment that were in use before
good repair and capable of being maintained in September 8, 1998 the effective date of this
a sanitary condition;
Code based on the following considerations:
(2) whether food-contact surfaces comply
(1) Whether the facilities or equipment are in
with parts 4626.0450 to 4626.0495; and
good repair and capable of being maintained in
(3) whether the capacities of cooling, heating, a sanitary condition;
and holding equipment are sufficient to comply
(2) Whether food-contact surfaces comply
with part 4626.0675.
with parts 4626.0450 to 4626.0495; and
(3) Whether the capacities of cooling,
heating, and holding equipment are sufficient
to comply with part 4626.0675; and
(4) The existence of a documented agreement
with the license holder that the facilities or
equipment will be replaced as specified under
item 4626.1685(G).
8-102.10 PREVENTING HEALTH
HAZARDS, PROVISION FOR
CONDITIONS NOT ADDRESSED.
A. If necessary to protect against public health
hazards or nuisances, the regulatory authority
may impose specific requirements in addition
to the requirements contained in this
Code that are authorized by law.
B. The regulatory authority shall document the
conditions that necessitate the imposition of
additional requirements and the underlying
public health rationale. The documentation
shall be provided to the license applicant or
license holder and a copy shall be maintained
in the regulatory authority’s file for the food
establishment.
193
Chapter 8
MN Current Code
Code Consensus Committee Proposed
4626.1690 8-103.10 VARIANCE REQUEST; 4626.1690 8-103.10 VARIANCE REQUEST;
PROCEDURES.*
PROCEDURES.*
Pursuant to Minnesota Statutes, section 14.05, Pursuant to Minnesota Statutes, section 14.05,
subdivision 4, a party may ask the regulatory
subdivision 4, a party may ask the regulatory
authority to grant a variance from the
authority to grant a variance from the
provisions of the Code according to parts
provisions of the this Code according to parts
4626.1690 to 4626.1715.
4626.1690 to 4626.1715.
A. A variance shall not be requested nor shall A. A variance shall not be requested nor shall
one be granted from:
one be granted from:
(1) part 4626.0020, subpart 35;
(1) part 4626.0020, subpart 35 52;
(2) parts 4626.0040 to 4626.0060;
(2) parts 4626.0040 to 4626.0060;
(3) parts 4626.0065 to 4626.0100;
(3) parts 4626.0065 to 4626.0100;
(4) parts 4626.0105 to 4626.0120;
(4) parts 4626.0105 to 4626.0120;
(5) part 4626.1565;
(5) part 4626.1565;
(6) parts 4626.1590 and 4626.1595; and
(6) parts 4626.1590 and 4626.1595; and
(7) parts 4626.1600 to 4626.1675.
(7) parts 4626.1600 to 4626.1675.
B. The applicant for a variance shall be the
B. The applicant for a variance shall be the
party to whom the rule applies.
party to whom the rule applies.
C. The party requesting the variance shall
C. The party requesting the variance shall
submit the request in writing to the regulatory
submit the request in writing to the regulatory
authority with the appropriate fee, if required.
authority with the appropriate fee, if required.
A request shall contain:
A request shall contain:
(1) the specified language in the rule or rules
(1) the specified language in the rule or rules
from which the variance is requested;
from which the variance is requested;
(2) the reasons why the rule cannot be met;
(2) the reasons why the rule cannot be met;
(3) the alternative measures that will be taken
(3) the alternative measures that will be taken
to ensure a comparable degree of protection to to ensure a comparable degree of protection to
health or the environment if a variance is
health or the environment if a variance is
granted;
granted;
(4) the length of time for which the variance
(4) the length of time for which the variance
is requested;
is requested;
(5) a statement that the party applying for the
(5) a statement that the party applying for the
variance will comply with the terms of the
variance will comply with the terms of the
variance, if granted; and
variance, if granted; and
(6) other relevant information the regulatory
(6) other relevant information the regulatory
authority determines necessary to properly
authority determines necessary to properly
evaluate the request for the variance.
evaluate the request for the variance.
4626.1695 CRITERIA FOR DECISION.*
4626.1695 CRITERIA FOR DECISION.*
The regulatory authority may grant a variance
The regulatory authority may grant a variance
if:
if:
A. the variance was requested in the manner
A. the variance was requested in the manner
prescribed in part 4626.1690;
prescribed in part 4626.1690;
B. the variance will have no potential adverse B. the variance will have no potential adverse
effect on public health, safety, or the
effect on public health, safety, or the
194
Chapter 8
MN Current Code
Code Consensus Committee Proposed
environment;
environment;
C. the alternative measures to be taken, if any, C. the alternative measures to be taken, if any,
are equivalent to or superior to those
are equivalent to or superior to those
prescribed;
prescribed;
D. strict compliance with the rule will impose D. strict compliance with the rule will impose
an undue burden on the applicant;
an undue burden on the applicant;
E. the variance does not vary a statutory
E. the variance does not vary a statutory
standard or preempt federal law or rule; and
standard or preempt federal law or rule; and
F. the variance has only future effect.
F. the variance has only future effect.
4626.1700 8-103.12 CONDITIONS; HACCP; 4626.1700 8-103.12 CONDITIONS; HACCP;
NOTIFICATION OF DECISION.*
NOTIFICATION OF DECISION.*
A. In granting a variance, the regulatory
A. In granting a variance, the regulatory
authority may attach conditions that the
authority may attach conditions that the
regulatory authority determines are needed to
regulatory authority determines are needed to
protect the public health, safety, or the
protect the public health, safety, or the
environment.
environment.
B. If a HACCP plan is required to verify that
B. If a HACCP plan is required to verify that
the variance provides protection to the public
the variance provides protection to the public
health, safety, and environment that is
health, safety, and environment that is
equivalent to or superior to those prescribed in equivalent to or superior to those prescribed in
rule or law, the licensee shall:
rule or law, the licensee shall:
(1) comply with the HACCP plan and
(1) comply with the HACCP plan and
procedures submitted and approved as the
procedures submitted and approved as the
basis for the variance; and
basis for the variance; and
(2) maintain and provide to the regulatory
(2) maintain and provide to the regulatory
authority, on request, the records specified in
authority, on request, the records specified in
part 4626.1735, item A, subitems (3) and (4),
part 4626.1735, item A, subitems (3) and (4),
that demonstrate that the following are
that demonstrate that the following are
routinely employed:
routinely employed:
(a) procedures for monitoring critical
(a) procedures for monitoring critical
control points;
control points;
(b) monitoring of the critical control points;
(b) monitoring of the critical control points;
(c) verification of the effectiveness of an
(c) verification of the effectiveness of an
operation or process; and
operation or process; and
(d) necessary corrective actions if there is
(d) necessary corrective actions if there is
failure at a critical control point.
failure at a critical control point.
C. The regulatory authority shall notify the
C. The regulatory authority shall notify the
party in writing of the regulatory authority's
party in writing of the regulatory authority's
decision to grant or deny the variance.
decision to grant or deny the variance.
(1) If a variance is granted, the notification
(1) If a variance is granted, the notification
shall specify the period of time for which the
shall specify the period of time for which the
variance shall be effective and the alternative
variance shall be effective and the alternative
measures or conditions, if any, the applicant
measures or conditions, if any, the applicant
shall meet.
shall meet.
195
Chapter 8
MN Current Code
Code Consensus Committee Proposed
(2) If a variance is denied, the regulatory
(2) If a variance is denied, the regulatory
authority shall specify the reasons for the
authority shall specify the reasons for the
denial.
denial.
4626.1705 8-103.13 EFFECT OF
4626.1705 8-103.13 EFFECT OF
ALTERNATIVE MEASURES OR
ALTERNATIVE MEASURES OR
CONDITIONS.
CONDITIONS.
A. Alternative measures or conditions attached A. Alternative measures or conditions attached
to a variance have the force and effect of law.
to a variance have the force and effect of law.
B. If a party violates alternative measures or
B. If a party violates alternative measures or
conditions attached to a variance, the party is
conditions attached to a variance, the party is
subject to the enforcement actions and
subject to the enforcement actions and
penalties provided in law or rule.
penalties provided in law or rule.
C. A party to whom a variance has been issued C. A party to whom a variance has been issued
shall notify the regulatory authority in writing
shall notify the regulatory authority in writing
within 30 days of a material change in the
within 30 days of a material change in the
conditions upon which the variance was
conditions upon which the variance was
granted.
granted.
4626.1710 RENEWAL OF VARIANCE.*
4626.1710 RENEWAL OF VARIANCE.*
A. A request for the renewal of a variance
A. A request for the renewal of a variance
shall be submitted to the regulatory authority in shall be submitted to the regulatory authority in
writing 30 days before its expiration date.
writing 30 days before its expiration date.
B. Renewal requests shall contain the
B. Renewal requests shall contain the
information specified in part 4626.1690.
information specified in part 4626.1690.
C. The regulatory authority shall renew a
C. The regulatory authority shall renew a
variance if the party continues to satisfy the
variance if the party continues to satisfy the
criteria specified in part 4626.1695 and
criteria specified in part 4626.1695 and
demonstrates compliance with the alternative
demonstrates compliance with the alternative
measures or conditions imposed at the time the measures or conditions imposed at the time the
original variance was approved.
original variance was approved.
D. This part does not apply if there has been a D. This part does not apply if there has been a
material change in the conditions upon which
material change in the conditions upon which
the variance was granted.
the variance was granted.
4626.1715 DENIAL, REVOCATION, OR
4626.1715 DENIAL, REVOCATION, OR
REFUSAL TO RENEW; APPEALS.
REFUSAL TO RENEW; APPEALS.
A. The regulatory authority shall deny, revoke, A. The regulatory authority shall deny, revoke,
or refuse to renew a variance if the regulatory
or refuse to renew a variance if the regulatory
authority determines that the criteria in part
authority determines that the criteria in part
4626.1695 or the conditions in part 4626.1700 4626.1695 or the conditions in part 4626.1700
are not met.
are not met.
B. A party may appeal the denial, revocation,
B. A party may appeal the denial, revocation,
or refusal to renew a variance by requesting, in or refusal to renew a variance by requesting, in
writing, a contested case hearing under the
writing, a contested case hearing under the
Administrative Procedures Act, Minnesota
Administrative Procedures Act, Minnesota
Statutes, chapter 14, within 30 days of receipt
Statutes, chapter 14, within 30 days of receipt
196
Chapter 8
MN Current Code
Code Consensus Committee Proposed
of the notice of denial, revocation, or refusal to of the notice of denial, revocation, or refusal to
renew the variance.
renew the variance.
4626.1720 8-201.11 REVIEW OF PLANS.
4626.1720 8-201.11 REVIEW OF PLANS.
A. A license applicant or licensee shall submit A. A license applicant or licensee shall submit
properly prepared plans and specifications and properly prepared plans and specifications and
the required plan review fee, to the regulatory
the required plan review fee, to the regulatory
authority for plan review and approval before
authority for plan review and approval before
beginning:
beginning:
(1) the construction of a food establishment;
(1) the construction of a food establishment;
(2) the conversion of an existing structure for
(2) the conversion of an existing structure for
use as a food establishment; or
use as a food establishment; or
(3) the extensive remodeling of a food
(3) the extensive remodeling of a food
establishment or a change of type of food
establishment or a change of type of food
establishment or food operation if the
establishment or food operation if the
regulatory authority determines that plans and
regulatory authority determines that plans and
specifications are necessary to ensure
specifications are necessary to ensure
compliance with the Code.
compliance with the this Code.
B. Plans, specifications, an application form,
B. Plans, specifications, an application form,
and the fee specified in part 1547.0110, subpart and the fee specified in part 1547.0110, subpart
2, and Minnesota Statutes, chapter 31 or 157,
2, and Minnesota Statutes, chapter 31 or 157,
shall be submitted to the regulatory authority at shall be submitted to the regulatory authority at
least 30 days before beginning construction,
least 30 days before beginning construction,
extensive remodeling, or conversion of a food
extensive remodeling, or conversion of a food
establishment.
establishment.
C. Special event food stands and retail food
C. Special event food stands and retail food
vehicles, portable structures, or carts are
vehicles, portable structures, or carts are
exempt from the requirement to submit plans
exempt from the requirement to submit plans
and specifications.
and specifications.
D. The regulatory authority shall approve the
D. The regulatory authority shall approve the
completed plans and specifications if they meet completed plans and specifications if they meet
the requirements of the Code, and the
the requirements of the this Code, and the
regulatory authority shall report its findings to regulatory authority shall report its findings to
the license applicant or licensee within 30 days the license applicant or licensee within 30 days
of the date the completed plans are received.
of the date the completed plans are received.
E. Plans and specifications that are not
E. Plans and specifications that are not
approved as submitted shall be changed to
approved as submitted shall be changed to
comply or be deleted from the project.
comply or be deleted from the project.
4626.1721 [Renumbered 1560.9000]
Current as of 06/22/06
4626.1725 8-201.12 CONTENTS OF PLANS 4626.1725 8-201.12 CONTENTS OF PLANS
AND SPECIFICATIONS.
AND SPECIFICATIONS.
A. The plans and specifications for a food
A. The plans and specifications for a food
establishment shall include:
establishment, including a food establishment
(1) the intended menu;
specified in part 4626.1730, shall include, as
197
Chapter 8
MN Current Code
Code Consensus Committee Proposed
(2) the anticipated volume of food to be
required by the regulatory authority based on
stored, prepared, and sold or served;
the type of operation, type of food preparation,
(3) the proposed layout, mechanical
and foods prepared, the following information
schematics, construction materials, and finish to demonstrate conformance with Code
schedules;
provisions:
(4) the proposed equipment types,
(1A) the intended menu;
manufacturers, model numbers, locations,
(2B) the anticipated volume of food to be
dimensions, performance capacities, and
stored, prepared, and sold or served;
installation specifications;
(3C) the proposed layout, mechanical
(5) a complete set of elevations and drawings schematics, construction materials, and finish
for all custom fabricated equipment;
schedules;
(6) a functional flow plan indicating how food (4D) the proposed equipment types,
will be handled; and
manufacturers, model numbers, locations,
(7) other information that may be required by dimensions, performance capacities, and
the regulatory authority for the proper review
installation specifications;
of the proposed construction, conversion, or
(5) a complete set of elevations and drawings
modification.
for all custom fabricated equipment;
B. Used equipment shall be equivalent to the
(6) a functional flow plan indicating how food
standards specified in parts 4626.0450 to
will be handled; and
4626.0975 and approved by the regulatory
(E) Evidence that standard procedures that
authority before use.
ensure compliance with the requirements of
this Code are developed or are being
developed; and
(7F) other information that may be required by
the regulatory authority for the proper review
of the proposed construction, conversion, or
modification, and procedures for operating a
food establishment.
B. Used equipment shall be equivalent to the
standards specified in parts 4626.0450 to
4626.0975 and approved by the regulatory
authority before use.
4626.1730 8-201.13 WHEN A HACCP PLAN 4626.1730 8-201.13 WHEN A HACCP PLAN
IS REQUIRED.
IS REQUIRED.
Subpart 1. Types of activities that require a
Subpart 1. Types of activities that require a
HACCP plan. The following activities require HACCP plan. The following activities require
a license applicant or licensee to prepare a
a license applicant or licensee to prepare a
HACCP plan:
HACCP plan:
A. cooking raw animal foods under part
A. cooking raw animal foods under part
4626.0340, item C, subitem (2);
4626.0340, item C D, subitem (2) (3);
B. specialized processing under part
B. specialized processing under part
4626.0415;
4626.0415;
C. operating and maintaining molluscan
C. operating and maintaining molluscan
shellfish tanks under part 4626.0610, item B;
shellfish tanks under part 4626.0610, item B;
198
Chapter 8
MN Current Code
Code Consensus Committee Proposed
D. removing tags or labels from shellstock
D. removing tags or labels from shellstock
under part 4626.0220, item B, subitem (2); and under part 4626.0220, item B, subitem (2); and
E. reduced oxygen packaging under part
E. reduced oxygen packaging under part
4626.0420.
4626.0420.
Subp. 2. Timing of HACCP plan
requirements.
A. As of January 26, 2000, food
establishments engaged in activities requiring a
HACCP plan under subpart 1 must have a
HACCP plan available on-site for review and
verification by the regulatory authority.
B. For new food establishments or those
extensively remodeled after July 1, 1999, a
HACCP plan shall be submitted to the
regulatory authority before the start of
operation for approval in conjunction with the
plan review required in part 4626.1720.
Subp. 2. Timing of HACCP plan
requirements.
A. As of January 26, 2000, fFood
establishments engaged in activities requiring a
HACCP plan under subpart 1 must have a
HACCP plan available on-site for review and
verification by the regulatory authority.
B. For new food establishments or those
extensively remodeled after July 1, 1999, a
HACCP plan shall be submitted to the
regulatory authority before the start of
operation for approval in conjunction with the
plan review required in part 4626.1720.
Subp. 3. Compliance with HACCP plan. A
licensee shall:
A. comply with a properly prepared and
approved, if applicable under subpart 2, item
B, HACCP plan; and
B. maintain and provide to the regulatory
authority, on request, the records specified in
part 4626.1735, item A, subitems (3) and (4),
that demonstrate that the following are
routinely employed:
(1) procedures for monitoring critical control
points;
(2) monitoring of the critical control points;
(3) verification of the effectiveness of an
operation or process; and
(4) necessary corrective actions if there is
failure at a critical control point.
4626.1735 8-201.14 CONTENTS OF HACCP
PLAN.
A. For a food establishment that is required in
part 4626.1730, subpart 1, items A to D, to
have a HACCP plan, the plan and
specifications shall include:
(1) a categorization of the types of potentially
hazardous foods that are specified in the menu,
Subp. 3. Compliance with HACCP plan. A
licensee shall:
A. comply with a properly prepared and
approved, if applicable under subpart 2, item
B, HACCP plan; and
B. maintain and provide to the regulatory
authority, on request, the records specified in
part 4626.1735, item A, subitems (3) and (4),
that demonstrate that the following are
routinely employed:
(1) procedures for monitoring critical control
points;
(2) monitoring of the critical control points;
(3) verification of the effectiveness of an
operation or process; and
(4) necessary corrective actions if there is
failure at a critical control point.
4626.1735 8-201.14 CONTENTS OF HACCP
PLAN.
A. For a food establishment that is required in
part 4626.1730, subpart 1, items A to D, to
have a HACCP plan, the plan and
specifications shall include indicate:
(1A) a categorization of the types of
potentially hazardous foods
199
Chapter 8
MN Current Code
Code Consensus Committee Proposed
including soups and sauces, salads, meat roasts (Time/Temperature Control for Safety Foods)
or other bulk, solid foods, or other foods that
that are specified in the menu, including such
are specified by the regulatory authority;
as soups and sauces, salads, and bulk, solid
(2) a flow diagram by specific food or
foods such as meat roasts or other bulk, solid
category type identifying critical control points foods, or of other foods that are specified by
and providing information on the following:
the regulatory authority;
(a) ingredients, materials, and equipment
(2B) a flow diagram by specific food or
used in the preparation of a food; and
category type identifying critical control points
(b) formulations or recipes that delineate
and providing information on the following:
methods and procedural control measures that
(a1) ingredients, materials, and equipment
address the food safety concerns involved;
used in the preparation of a that food; and
(3) a statement of standard operating
(b2) formulations or recipes that delineate
procedures for the plan under consideration
methods and procedural control measures that
including clearly identifying:
address the food safety concerns involved;
(a) each critical control point;
(C) Food employee and supervisory training
(b) the critical limits for each critical control plan that addresses the food safety issues of
point;
concern;
(c) the method and frequency for monitoring
(3D) a statement of standard operating
and controlling each critical control point by
procedures for the plan under consideration
the food employee designated by the person in including clearly identifying:
charge;
(a1) each critical control point;
(d) the method and frequency for the person
(b2) the critical limits for each critical
in charge to routinely verify that the food
control point;
employee is following standard operating
(c3) the method and frequency for
procedures and monitoring critical control
monitoring and controlling each critical control
points;
point by the food employee designated by the
(e) action to be taken by the person in charge person in charge;
if the critical limits for each critical control
(d4) the method and frequency for the
point are not met; and
person in charge to routinely verify that the
(f) records to be maintained by the person in food employee is following standard operating
charge to demonstrate that the HACCP plan is procedures and monitoring critical control
properly operated and managed; and
points;
(4) additional scientific data or other
(e5) action to be taken by the person in
information, as required by the regulatory
charge if the critical limits for each critical
authority, supporting the determination that
control point are not met; and
food safety is not compromised by the
(f6) records to be maintained by the person
proposal.
in charge to demonstrate that the HACCP plan
B. For a food establishment that is required in is properly operated and managed; and
part 4626.1730, subpart 1, item E, to have a
(4E) additional scientific data or other
HACCP plan, the plan must be prepared as
information, as required by the regulatory
specified under part 4626.0420.
authority, supporting the determination that
food safety is not compromised by the
proposal.
B. For a food establishment that is required in
200
Chapter 8
MN Current Code
Code Consensus Committee Proposed
part 4626.1730, subpart 1, item E, to have a
HACCP plan, the plan must be prepared as
specified under part 4626.0420.
4626.1740 8-202.10 TRADE SECRETS.
4626.1740 8-202.10 TRADE SECRETS.
The regulatory authority shall treat as
The regulatory authority shall treat as
confidential, in accordance with Minnesota
confidential, in accordance with Minnesota
Statutes, section 31.02, clause (l), information
Statutes, section 31.02, clause (l), information
that meets the criteria in Minnesota Statutes,
that meets the criteria in Minnesota Statutes,
chapter 325C, for a trade secret and is
chapter 325C, for a trade secret and is
contained in the plans and specifications
contained in the plans and specifications
submitted as specified in parts 4626.1725 and
submitted as specified in parts 4626.1725 and
4626.1735.
4626.1735.
4626.1745 8-203.10 PREOPERATIONAL
4626.1745 8-203.10 PREOPERATIONAL
INSPECTIONS.
INSPECTIONS.
The regulatory authority shall conduct one or
The regulatory authority shall conduct one or
more preoperational inspections to verify that
more preoperational inspections to verify that
the food establishment is constructed and
the food establishment is constructed and
equipped according to the approved plans and
equipped according to the approved plans and
approved modifications of the plans and is in
approved modifications of the plans and is in
compliance with the Code and other applicable compliance with the this Code and other
law.
applicable law.
4626.1750 NOTICE OF OPENING.
4626.1750 NOTICE OF OPENING.
The food establishment shall provide notice of The food establishment shall provide notice of
opening to the regulatory authority at least 14
opening to the regulatory authority at least 14
calendar days before the opening date.
calendar days before the opening date.
4626.1755 8-301.11 PREREQUISITE FOR
4626.1755 8-301.11 PREREQUISITE FOR
OPERATION.
OPERATION.
A person shall not operate a food establishment A person shall not operate a food establishment
without a valid license to operate issued by the without a valid license to operate issued by the
regulatory authority.
regulatory authority.
4626.1760 8-302.11 APPLICATION.
4626.1760 8-302.11 APPLICATION.
An applicant shall submit an application for a
An applicant shall submit an application for a
license for a food establishment according to
license for a food establishment according to
Minnesota Statutes, chapter 28A or 157.
Minnesota Statutes, chapter 28A or 157.
4626.1765 8-302.12 FORM OF
4626.1765 8-302.12 FORM OF
SUBMISSION.
SUBMISSION.
A person desiring to operate a food
A person desiring to operate a food
establishment shall submit to the regulatory
establishment shall submit to the regulatory
authority a written application for a license on authority a written application for a license on
a form provided by the regulatory authority.
a form provided by the regulatory authority.
4626.1770 8-302.13 QUALIFICATIONS
4626.1770 8-302.13 QUALIFICATIONS
AND RESPONSIBILITIES OF
AND RESPONSIBILITIES OF
APPLICANTS.
APPLICANTS.
To qualify for a license, an applicant shall:
To qualify for a license, an applicant shall:
201
Chapter 8
MN Current Code
Code Consensus Committee Proposed
A. be an owner of the establishment or an
A. Be an owner of the food establishment or an
officer of the legal ownership;
officer of the legal ownership;
B. comply with the requirements of the Code; B. Comply with the requirements of the this
and
Code; and
C. pay the applicable license fees at the time
C. As specified in part 4626.1790 agree to
the application is submitted.
allow access to the food establishment and to
provide required information; and
D. Pay the applicable license fees at the time
the application is submitted.
4626.1775 8-302.14 CONTENTS OF
4626.1775 8-302.14 CONTENTS OF
APPLICATION.
APPLICATION.
The application shall be on a form prescribed
The application shall be on a form prescribed
by the regulatory authority that seeks only
by the regulatory authority that seeks only
information the regulatory authority reasonably information the regulatory authority reasonably
considers necessary to identify the applicant
considers necessary to identify the applicant
and determine if the applicant meets the
and determine if the applicant meets the
statutory and regulatory requirements for a
statutory and regulatory requirements for a
license.
license.
8-303.30 Denial of Application for License,
Notice.
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, if any, that the applicant must
take to qualify for a license.
8-304.11 RESPONSIBILITIES OF THE
LICENSE HOLDER.
Upon acceptance of the license issued by the
regulatory authority, the license holder in order
to retain the license shall:
A. Post the license in a location in the food
establishment that is conspicuous in the
premises;
B. Comply with the provisions of this Code
including the conditions of a granted variance
as specified in part 4626.1700, and approved
plans as specified in part 4626.1725;
C. If a food establishment is required in part
4626.1730 to operate under a HACCP plan,
comply with the plan as specified in part
4626.1700;
D. Immediately contact the regulatory
202
Chapter 8
MN Current Code
Code Consensus Committee Proposed
authority to report an illness of a food
employee or conditional employee as specified
in part 4626.0040(B);
E. Immediately discontinue operations and
notify the regulatory authority if an imminent
health hazard may exist as specified in part
4626.1795;
F. Allow representatives of the regulatory
authority access to the food establishment as
specified in part 4626.1790;
G. Replace existing facilities and equipment
specified in part 4626.1685 with facilities and
equipment that comply with this Code if:
(1) The regulatory authority directs the
replacement because the facilities and
equipment constitute a public health hazard or
nuisance or no longer comply with the criteria
upon which the facilities and equipment were
accepted,
(2) The facilities and equipment are replaced
in the normal course of operation;
H. Comply with directives of the regulatory
authority including time frames for corrective
actions specified in inspection reports, notices,
orders, warnings, and other directives issued
by the regulatory authority in regard to the
license holder’s food establishment or in
response to community emergencies;
I. Accept notices issued and served by the
regulatory authority according to law; and
J. Be subject to the administrative, civil,
injunctive, and criminal remedies authorized in
law for failure to comply with this Code or a
directive of the regulatory authority, including
time frames for corrective actions specified in
inspection reports, notices, orders, warnings,
and other directives.
4626.1780 8-304.20 LICENSE NOT
4626.1780 8-304.20 LICENSE NOT
TRANSFERABLE.
TRANSFERABLE.
A. A license for a food establishment is not
A. A license for a food establishment is not
transferable.
transferable.
B. The discontinuance of an operation by the
B. The discontinuance of an operation by the
licensee at the address covered by the license
licensee at the address covered by the license
voids the license.
voids the license.
203
Chapter 8
MN Current Code
Code Consensus Committee Proposed
C. A void license shall be surrendered to the
C. A void license shall be surrendered to the
regulatory authority immediately by anyone in regulatory authority immediately by anyone in
possession of it.
possession of it.
4626.1785 8-401.10 INSPECTION.
4626.1785 8-401.10 INSPECTION.
The regulatory authority shall inspect a food
The regulatory authority shall inspect a food
establishment according to:
establishment according to:
A. Minnesota Statutes, chapters 28A, 30, 31,
A. Minnesota Statutes, chapters 28A, 30, 31,
and 31A, for food establishments regulated by and 31A, for food establishments regulated by
the Department of Agriculture;
the Department of Agriculture;
B. Minnesota Statutes, chapter 157, for
B. Minnesota Statutes, chapter 157, for
establishments regulated by the Department of establishments regulated by the Department of
Health; and
Health; and
C. rules adopted under Minnesota Statutes,
C. rules adopted under Minnesota Statutes,
chapters 28A, 30, 31, 31A, and 157.
chapters 28A, 30, 31, 31A, and 157.
8-401.20 PERFORMANCE- AND RISKBASED.
Within the parameters specified in part
4626.1785, the regulatory authority shall
prioritize, and conduct more frequent
inspections based upon its assessment of a food
establishment’s history of compliance with this
Code and the establishment's potential as a
vector of foodborne illness by evaluating:
A. Past performance, for nonconformance with
Code or HACCP plan requirements that are
critical;
B. Past performance, for numerous or repeat
violations of Code or HACCP plan
requirements that are noncritical;
C. Past performance, for complaints
investigated and found to be valid;
D. The hazards associated with the particular
foods that are prepared, stored, or served;
E. The type of operation including the methods
and extent of food storage, preparation, and
service;
F. The number of people served; and
G. Whether the population served is a highly
susceptible population.
4626.1790 8-402.11 ALLOWED AT
4626.1790 8-402.11 ALLOWED AT
REASONABLE TIMES AFTER DUE
REASONABLE TIMES AFTER DUE
NOTICE.
NOTICE.
After the regulatory authority presents official
After the regulatory authority presents official
credentials and provides notice of the purpose
credentials and provides notice of the purpose
204
Chapter 8
MN Current Code
Code Consensus Committee Proposed
of and an intent to conduct an inspection, the
of and an intent to conduct an inspection, the
person in charge shall allow the regulatory
person in charge shall allow the regulatory
authority to determine if the food
authority to determine if the food
establishment is in compliance with the Code
establishment is in compliance with the this
by allowing access to the establishment,
Code by allowing access to the establishment,
allowing inspection, and providing information allowing inspection, and providing information
and records specified in the Code and to which and records specified in the this Code and to
the regulatory authority is entitled according to which the regulatory authority is entitled
law, during the food establishment's hours of
according to law, during the food
operation and other reasonable times.
establishment's hours of operation and other
reasonable times.
4626.1795 8-404.11 EMERGENCY
4626.1795 8-404.11 EMERGENCY
REPORTING.
REPORTING.
A licensee shall notify the regulatory authority A licensee shall notify the regulatory authority
immediately if an imminent health hazard may immediately if an imminent health hazard may
exist because of a fire, flood, extended
exist because of a fire, flood, extended
interruption of electrical or water service,
interruption of electrical or water service,
sewage backup, misuse of poisonous or toxic
sewage backup, misuse of poisonous or toxic
materials, onset of an apparent foodborne
materials, onset of an apparent foodborne
illness outbreak, or other emergency
illness outbreak, or other emergency
circumstance that may endanger public health. circumstance that may endanger public health.
4626.1800 FOOD SAMPLES.
4626.1800 FOOD SAMPLES.
The regulatory authority may collect, without
The regulatory authority may collect, without
cost, and examine samples of food as often as
cost, and examine samples of food as often as
necessary for enforcement of the Code.
necessary for enforcement of the this Code.
4626.1805 EMBARGO.
4626.1805 EMBARGO.
A. The regulatory authority may embargo and A. The regulatory authority may embargo and
forbid the sale of, or cause to be removed or
forbid the sale of, or cause to be removed or
destroyed, any food that is:
destroyed, any food that is:
(1) unwholesome or adulterated;
(1) unwholesome or adulterated;
(2) prepared, processed, handled, packaged,
(2) prepared, processed, handled, packaged,
transported, or stored in an unwholesome
transported, or stored in an unwholesome
manner;
manner;
(3) unfit for human consumption; or
(3) unfit for human consumption; or
(4) otherwise prohibited by law.
(4) otherwise prohibited by law.
B. Equipment and utensils that do not meet the B. Equipment and utensils that do not meet the
requirements of the Code may be embargoed.
requirements of the this Code may be
C. The regulatory authority may release
embargoed.
equipment and utensils from an embargo when C. The regulatory authority may release
the licensee notifies the regulatory authority
equipment and utensils from an embargo when
that the equipment or utensils have been
the licensee notifies the regulatory authority
modified to meet the requirements of the Code that the equipment or utensils have been
and after inspection of the equipment and
modified to meet the requirements of the this
utensils by the regulatory authority.
Code and after inspection of the equipment and
205
Chapter 8
MN Current Code
Code Consensus Committee Proposed
utensils by the regulatory authority.
4626.1810 CONDEMNATION.
4626.1810 CONDEMNATION.
he regulatory authority may condemn and
The regulatory authority may condemn and
cause to be removed any food, equipment,
cause to be removed any food, equipment,
clothing, or utensils found in a food
clothing, or utensils found in a food
establishment, the use of which does not
establishment, the use of which does not
comply with the Code or that is being used in
comply with the this Code or that is being used
violation of the Code, and may also condemn
in violation of the this Code, and may also
and cause to be removed any equipment,
condemn and cause to be removed any
clothing, or utensils that because of dirt, filth,
equipment, clothing, or utensils that because of
extraneous matter, insects, corrosion, open
dirt, filth, extraneous matter, insects, corrosion,
seams, or chipped or cracked surfaces are unfit open seams, or chipped or cracked surfaces are
for use.
unfit for use.
4626.1815 TAG.
4626.1815 TAG.
The regulatory authority may place a tag to
The regulatory authority may place a tag to
indicate the embargo or the condemnation on
indicate the embargo or the condemnation on
food, equipment, utensils, or clothing. No
food, equipment, utensils, or clothing. No
person shall remove the tag except under the
person shall remove the tag except under the
direction of the regulatory authority.
direction of the regulatory authority.
4626.1820 MINNESOTA CLEAN INDOOR
4626.1820 MINNESOTA CLEAN INDOOR
AIR ACT.
AIR ACT.
A food establishment shall meet the
A food establishment shall meet the
requirements of the Minnesota Clean Indoor
requirements of the Minnesota Clean Indoor
Air Act, Minnesota Statutes, sections 144.411
Air Act, Minnesota Statutes, sections 144.411
to 144.417, and rules adopted under those
to 144.417, and rules adopted under those
sections.
sections.
4626.1825 EMERGENCY FIRST AID FOR
4626.1825 EMERGENCY FIRST AID FOR
CHOKING.
CHOKING.
A food establishment where food is consumed A food establishment where food is consumed
on the premises, except a temporary food
on the premises, except a temporary food
establishment, food cart, retail food vehicle,
establishment, food cart, retail food vehicle,
portable structure, and special event food
portable structure, and special event food
stand, shall post a chart illustrating the use of
stand, shall post a chart illustrating the use of
an emergency first aid procedure approved by
an emergency first aid procedure approved by
the regulatory authority to relieve a customer
the regulatory authority to relieve a customer
with a restricted airway. The illustration shall
with a restricted airway. The illustration shall
be posted in the food preparation area where all be posted in the food preparation area where all
employees may easily see it.
employees may easily see it.
8-404.12 Resumption of Operations.
If operations are discontinued as specified in
part 4626.1795 or otherwise according to law,
the license holder shall obtain approval from
the regulatory authority before resuming
operations.
206
MN Current Code
Chapter 9
Code Consensus Committee Proposed
THESE DEFINITIONS ARE BEING
MOVED TO THE MAIN DEFINITION
SECTION OF THE RULE.
4626.1830 APPLICABILITY.
The Code applies to food carts, mass
gatherings, retail food vehicles, portable
structures or carts, special event food stands,
and temporary food establishments as qualified
in parts 4626.1835 to 4626.1870.
4626.1835 GENERAL EXEMPTIONS.
A food cart, retail food vehicle, portable
structure or cart, special event food stand, or
temporary food establishment is exempt from
compliance with:
A. part 4626.1075;
B. part 4626.1080;
C. part 4626.1435;
D. part 4626.1460;
E. part 4626.1480, item A;
F. part 4626.1485; and
G. part 4626.1560, item A.
4626.1840 MASS GATHERING
EXEMPTIONS.
Food establishments at a mass gathering are
exempt from compliance with:
A. part 4626.1080;
B. part 4626.1480, item A;
C. part 4626.1485; and
D. part 4626.1560, item A.
4626.1845 ADDITIONAL REQUIREMENTS.
A food cart, food establishment at a mass
gathering, retail food vehicle, portable
4626.1830 APPLICABILITY.
The This Code applies to food carts, mass
gatherings, retail food vehicles, portable
structures or carts, special event food stands,
and temporary food establishments as qualified
in parts 4626.1835 to 4626.1870.
The regulatory authority may restrict or allow
exception to the type of food served; the
method of food preparation; the type or
capability of equipment; the availability of a
permanent establishment for utensil and
warewashing; climatic conditions; or any other
condition based on a public health risk.
4626.1835 GENERAL EXEMPTIONS.
A food cart, retail food vehicle, portable
structure or cart, special event food stand, or
temporary food establishment is exempt from
compliance with:
A. part 4626.1075;
B. part 4626.1080;
C. part 4626.1435;
D. part 4626.1460;
E. part 4626.1480, item A;
F. part 4626.1485; and
G. part 4626.1560, item A.
H. part 4626.1825
4626.1840 MASS GATHERING
EXEMPTIONS.
Food establishments at a mass gathering are
exempt from compliance with:
A. part 4626.1080;
B. part 4626.1480, item A;
C. part 4626.1485; and
D. part 4626.1560, item A.
4626.1845 ADDITIONAL REQUIREMENTS.
A food cart, food establishment at a mass
gathering, retail food vehicle, portable
207
Chapter 9
MN Current Code
Code Consensus Committee Proposed
structure or cart, special event food stand, or
structure or cart, special event food stand, or
temporary food establishment shall comply
temporary food establishment shall comply
with this part.
with this part.
A. Electrical service shall comply with chapter A. Electrical service shall comply with chapter
1315.
1315.
B. A fire extinguisher with a minimum 2A 10 B. A fire extinguisher with a minimum 2A 10
B C rating shall be present if required by the
B C rating shall be present if required by the
fire marshal.
fire marshal.
C. Gas hook-up and service shall comply with C. Gas hook-up and service shall comply with
chapter 1346.
chapter 1346.
D. The work space shall permit unobstructed
D. The work space shall permit unobstructed
work activity.
work activity.
E. Equipment shall be located to permit easy
E. Equipment shall be located to permit easy
cleaning.
cleaning.
F. Facilities located indoors shall not be
F. D. Facilities located indoors shall not be
located on carpet.
located on carpet.
4626.1850 FOOD CARTS.
4626.1850 FOOD CARTS.
The provisions of this part apply to food carts. The provisions of this part apply to food carts.
A. A food cart shall meet NSF International
A. A food cart shall meet NSF International
Standard No. 59 for Food Carts, which is
Standard No. 59 for Food Carts, which is
incorporated by reference in part 4626.0505.
incorporated by reference in part 4626.0505.
B. A food cart located outdoors shall be
B. A food cart located outdoors shall be
equipped with an easily cleanable, detachable
equipped with an easily cleanable, detachable
awning or umbrella to prevent adulteration of
awning or umbrella to prevent adulteration of
food.
food.
C. A food cart component that requires
C. A food cart component that requires
cleaning and maintenance shall be returned to
cleaning and maintenance shall be returned to
an approved permanent food establishment
an approved permanent food establishment
each day of food cart operation for supply and each day of food cart operation for supply and
cleaning.
cleaning.
D. Except for cleaning and supply, a food cart D. Except for cleaning and supply, a food cart
operation shall be accomplished entirely from a operation shall be accomplished entirely from a
single self-contained unit.
single self-contained unit.
E. A mechanical exhaust system complying
E. Where an approved three-compartment sink
with NSF International Standard No. 2, which
is not present, multiuse food preparation,
is incorporated by reference in part 4626.0505, service, and dispensing utensils shall be
and part 4626.1475 shall be provided for a
washed at a permanent food establishment each
food cart used indoors when grease-laden
day of use.
cooking vapor, condensation, fumes,
E. F. A mechanical exhaust system complying
obnoxious or disagreeable odors, or smoke are with NSF International Standard No. 2, which
generated in a cooking process. All food carts is incorporated by reference in part 4626.0505,
designed for cooking grease-laden foods shall
and part 4626.1475 shall be provided for a
be equipped with an approved fire protection
food cart used indoors when grease-laden
system.
cooking vapor, condensation, fumes,
208
Chapter 9
MN Current Code
Code Consensus Committee Proposed
F. A food cart where food is prepared shall be obnoxious or disagreeable odors, or smoke are
equipped with a handwashing device supplied
generated in a cooking process. All food carts
with hot and cold running water, soap, nail
designed for cooking grease-laden foods shall
brush, and paper towels.
be equipped with an approved fire protection
(1) Hot and cold water shall be supplied
system.
under pressure or by gravity with a mixing
F. G. A food cart where food is prepared shall
faucet.
be equipped with a handwashing device
(2) A water inlet shall be protected from
supplied with hot and cold running water, soap,
contamination and designed to preclude
nail brush, and paper towels.
attachment of a nonpotable service connection.
(1) Hot and cold water shall be supplied
(3) A water tank shall comply with the
under pressure or by gravity with a mixing
provisions for an alternate water supply in
faucet.
parts 4626.1035 and 4626.1135 to 4626.1175.
(2) A water inlet shall be protected from
G. Only single-service articles are permitted.
contamination and designed to preclude
H. Where an approved three-compartment
attachment of a nonpotable service connection.
sink is not present, multiuse food preparation,
(3) A water tank shall comply with the
service, and dispensing utensils shall be
provisions for an alternate water supply in
washed at a permanent food establishment each parts 4626.1035 and 4626.1135 to 4626.1175.
day of use.
G. H. Only single-service articles are
I. A waste holding tank and waste removal
permitted.
shall comply with parts 4626.1180 to
H. Where an approved three-compartment
4626.1220.
sink is not present, multiuse food preparation,
service, and dispensing utensils shall be
washed at a permanent food establishment each
day of use.
I. A waste holding tank and waste removal
shall comply with parts 4626.1180 to
4626.1220.
4626.1855 SPECIAL EVENT FOOD
4626.1855 SPECIAL EVENT FOOD
STANDS.
STANDS.
This part applies to special event food stands.
This part applies to special event food stands.
A. In conjunction with the notice of opening
A. In conjunction with the notice of opening
required in part 4626.1750, the applicant for a
required in part 4626.1750, the applicant for a
license to operate a special event food stand
license to operate a special event food stand
shall provide to the regulatory authority
shall provide to the regulatory authority
information on the:
information on the:
(1) sources of the food;
(1) sources of the food;
(2) type and volume of food to be served,
(2) type and volume of food to be served,
held, prepared, packaged, or otherwise
held, prepared, packaged, or otherwise
provided for human consumption;
provided for human consumption;
(3) equipment used to serve, hold, prepare,
(3) equipment used to serve, hold, prepare,
package, or otherwise provide food for human package, or otherwise provide food for human
consumption;
consumption;
(4) time period and location of operation;
(4) time period and location of operation;
209
Chapter 9
MN Current Code
Code Consensus Committee Proposed
(5) facilities for washing hands;
(5) facilities for washing hands;
(6) facilities for multiuse utensil and
(6) facilities for multiuse utensil and
warewashing for other than prepackaged
warewashing for other than prepackaged
products;
products;
(7) source of water; and
(7) source of water; and
(8) methods of liquid and solid waste
(8) methods of liquid and solid waste
disposal.
disposal.
B. Dry ice or cold packs may be substituted
B. For storage less than six hours, use of ice, as
for the mechanical refrigeration required in
specified in part 4626.0265, Ddry ice, or cold
parts 4626.0375 and 4626.0395 if the
packs may be substituted for the mechanical
temperatures in part 4626.0370 to 4626.0420
refrigeration required in parts 4626.0375 and
are maintained. Mechanical refrigeration shall 4626.0395 if the temperatures in part
be available for potentially hazardous foods
4626.0370 to 4626.0420 are maintained.
held for four hours or longer.
Mechanical refrigeration shall must be
C. Drained ice may be used as a cooling
available and used for potentially hazardous
medium only for water-impervious beverage
foods held for four six hours or longer.
containers.
C. Drained ice may be used as a cooling
D. Domestic slow cookers are prohibited.
medium only for water-impervious beverage
E. Food preparation and cooking areas shall be containers.
protected by an impervious shield or by a
D. Domestic slow cookers are prohibited.
separation distance to ensure customer safety
E. C. Food preparation and cooking areas shall
and prevent food contamination by customers. be protected by an impervious shield, barrier,
F. A handwashing device supplied with
or by a separation distance to ensure customer
running water at a temperature between 21
safety and prevent food contamination by
degrees C and 43.5 degrees C (70 degrees F
customers.
and 110 degrees F), soap, nail brush, and paper F. D. A handwashing device must provide
towels shall be provided at all stands where
supplied with running water at a temperature
food is prepared.
between 21ºC and 43.5ºC (70ºF and 110ºF),
G. Water shall be supplied under pressure or
soap, nail brush, and paper towels shall be
by gravity with a faucet.
provided at all stands where food is prepared.
H. A water inlet shall be protected from
G. E. Water shall be supplied under pressure or
contamination and designed to preclude
by gravity with a faucet or spigot that provides
attachment of a nonpotable service connection. hands-free flow.
I. A water tank shall comply with the
H. A water inlet shall be protected from
provisions for an alternate water supply
contamination and designed to preclude
specified in parts 4626.1035 and 4626.1135 to attachment of a nonpotable service connection.
4626.1175.
I. A water tank shall comply with the
J. A stand shall provide protection during
provisions for an alternate water supply
adverse weather by its construction or location. specified in parts 4626.1035 and 4626.1135 to
Food activities shall cease if protection fails.
4626.1175.
K. Single-service disposable eating and
J. F. A stand shall provide protection during
drinking utensils shall be used.
adverse weather by its construction or location.
L. For warewashing multiuse utensils, a
Food activities shall cease if protection fails.
washing facility shall be available consisting of K. G. Single-service disposable eating and
210
Chapter 9
MN Current Code
Code Consensus Committee Proposed
at least three containers of sufficient size to
drinking utensils tableware shall be used unless
immerse utensils.
approved warewashing facilities are provided.
M. Space shall be provided for air drying
L. H. For warewashing of multiuse utensils
kitchenware, tableware, and utensils.
kitchenware, a washing facility shall be
N. Towel drying is prohibited.
available consisting of at least three containers
O. The sanitization procedures specified in
of sufficient size to immerse utensils.
parts 4626.0895 to 4626.0905 shall be used.
M. Space shall be provided for air drying
P. For stands that are disassembled after each
kitchenware, tableware, and utensils.
use, a gravity-fed handwashing device and
N. Towel drying is prohibited.
three containers of sufficient size to immerse
O. The sanitization procedures specified in
utensils may be used in lieu of the
parts 4626.0895 to 4626.0905 shall be used.
requirements of items F and G, if:
P. For stands that are disassembled after each
(1) only beverages are served from an original use, a gravity-fed handwashing device and
container or bulk beverage dispenser;
three containers of sufficient size to immerse
(2) only prepackaged nonpotentially
utensils may be used in lieu of the
hazardous food is sold, prepared, or served; or requirements of items F and G, if:
(3) the menu is limited to prepackaged
(1) only beverages are served from an original
potentially hazardous foods cooked or prepared container or bulk beverage dispenser;
to order, or precut or prewashed foods that
(2) only prepackaged nonpotentially
have been obtained from a licensed food
hazardous food is sold, prepared, or served; or
establishment.
(3) the menu is limited to prepackaged
Q. A waste holding tank and waste removal
potentially hazardous foods cooked or prepared
shall comply with parts 4626.1180 to
to order, or precut or prewashed foods that
4626.1220.
have been obtained from a licensed food
R. The regulatory authority may restrict the
establishment.
type of food served or the method of food
Q. A waste holding tank and waste removal
preparation based on equipment limitations,
shall comply with parts 4626.1180 to
the unavailability of a permanent establishment 4626.1220.
for utensil and warewashing, adverse climatic
R. The regulatory authority may restrict the
conditions, or any other condition that poses a
type of food served or the method of food
hazard to public health.
preparation based on equipment limitations,
the unavailability of a permanent establishment
for utensil and warewashing, adverse climatic
conditions, or any other condition that poses a
hazard to public health.
4626.1860 MOBILE FOOD
4626.1860 MOBILE FOOD
ESTABLISHMENTS; SEASONAL
ESTABLISHMENTS; SEASONAL
TEMPORARY FOOD STANDS; SEASONAL TEMPORARY FOOD STANDS; SEASONAL
PERMANENT FOOD STANDS.
PERMANENT FOOD STANDS.
This part applies to mobile food
This part applies to mobile food
establishments, seasonal temporary food
establishments, seasonal temporary food
stands, and seasonal permanent food stands.
stands, and seasonal permanent food stands.
A. The entire operation shall be accomplished A. The entire operation shall be accomplished
from a single self-contained unit, except for
from a single self-contained unit, except for
211
Chapter 9
MN Current Code
Code Consensus Committee Proposed
supply.
supply.
B. A mechanical exhaust system complying
B. A mechanical exhaust system complying
with NSF International Standard No. 2, which
with NSF International Standard No. 2, which
is incorporated by reference in part 4626.0505, is incorporated by reference in part 4626.0505,
and part 4626.1475 shall be provided when
and part 4626.1475 shall be provided when
grease-laden cooking vapor, condensation,
grease-laden cooking vapor, condensation,
fumes, obnoxious or disagreeable odors, or
fumes, obnoxious or disagreeable odors, or
smoke are generated in a cooking process.
smoke are generated in a cooking process.
C. Water shall be supplied under pressure with Tempered make-up air is not required.
a mixing faucet.
C. Water shall be supplied under pressure with
D. A water inlet shall be protected from
a mixing faucet.
contamination and designed to preclude
D. A water inlet shall be protected from
attachment of a nonpotable service connection. contamination and designed to preclude
E. A water tank shall comply with the
attachment of a nonpotable service connection.
provisions for an alternate water supply in
E. A water tank shall comply with the
parts 4626.1035 and 4626.1135 to 4626.1175
provisions for an alternate water supply in
and NSF International Standard No. 59,
parts 4626.1035 and 4626.1135 to 4626.1175
sections 7.3 and 7.4, which is incorporated by
and NSF International Standard No. 59,
reference in part 4626.0505.
sections 7.3 and 7.4, which is incorporated by
F. A handwashing device supplied with 21
reference in part 4626.0505.
degrees C to 43.5 degrees C (70 degrees F to
F. E. A handwashing device supplied with
110 degrees F) running water, soap, nail brush, 21ºC to 43.5ºC (70ºF to 110ºF) running water,
and paper towels shall be provided where food soap, nail brush, and paper towels shall be
is prepared.
provided where food is prepared.
G. Single-service disposable eating and
G. F. Single-service disposable eating and
drinking utensils shall be used unless
drinking utensils tableware shall be used unless
warewashing facilities specified in parts
warewashing facilities specified in parts
4626.0735 to 4626.0890 are provided and the
4626.0735 to 4626.0890 are provided and the
sanitization procedures specified in parts
sanitization procedures specified in parts
4626.0895 to 4626.0905 are used.
4626.0895 to 4626.0905 are used unless
H. Warewashing facilities for multiuse
approved warewashing facilities are provided.
utensils shall be available and shall consist of
H. G. Warewashing facilities for multiuse
at least a three-compartment sink, either
utensils cleaning of equipment and
freestanding or installed in a counter.
kitchenware shall be available and shall consist
I. Space shall be provided for air drying
of at least a three-compartment sink, either
utensils.
freestanding or installed in a counter.
J. Towel drying is prohibited.
I. H. Space shall be provided for air drying
K. The sanitization procedures specified in
utensils.
parts 4626.0895 to 4626.0905 shall be used.
J. Towel drying is prohibited.
L. For seasonal temporary or permanent food
K. The sanitization procedures specified in
stands that are disassembled after each use, a
parts 4626.0895 to 4626.0905 shall be used.
gravity-fed handwashing device and three
L. I. For seasonal temporary or permanent food
containers of sufficient size to immerse
stands that are disassembled after each use, a
utensils may be used in lieu of the
gravity-fed handwashing device and three
212
Chapter 9
MN Current Code
Code Consensus Committee Proposed
requirements of items C, F, and H if:
containers of sufficient size to immerse
(1) only beverages are served from an original utensils may be used in lieu of the
container or bulk beverage dispenser;
requirements of items C, F, and H if:
(2) only prepackaged nonpotentially
(1) only beverages are served from an original
hazardous food is sold, prepared, or served; or container or bulk beverage dispenser;
(3) the menu is limited to prepackaged
(2) only prepackaged nonpotentially
potentially hazardous foods cooked or prepared hazardous food is sold, prepared, or served; or
to order, or precut or prewashed foods that
(3) the menu is limited to prepackaged
have been obtained from a licensed food
potentially hazardous foods cooked or prepared
establishment.
to order, or precut or prewashed foods that
M. A waste holding tank and waste removal
have been obtained from a licensed food
shall comply with parts 4626.1180 to
establishment. using only kitchenware, a
4626.1220.
warewashing facility may be allowed
N. Mechanical refrigeration complying with
consisting of at least three containers of
part 4626.0505 shall be provided for
sufficient size to immerse utensils.
potentially hazardous foods.
M. A waste holding tank and waste removal
O. Food preparation and cooking areas shall
shall comply with parts 4626.1180 to
be protected by an impervious shield or by a
4626.1220.
separation distance to ensure customer safety
N. J. Mechanical refrigeration complying with
and to prevent food contamination by
part 4626.0505 shall be provided for
customers.
potentially hazardous foods.
P. The facility shall provide protection during O. K. Food preparation and cooking areas
adverse weather by its construction or location. shall be protected by an impervious shield,
Food activities shall cease if protection fails.
barrier, or by a separation distance to ensure
customer safety and to prevent food
contamination by customers.
P. L. The facility shall provide protection
during adverse weather by its construction or
location. Food activities shall cease if
protection fails.
4626.1865 MASS GATHERINGS.
4626.1865 MASS GATHERINGS.
Food establishments operated at a mass
Food establishments operated at a mass
gathering shall meet the standards for the
gathering shall meet the standards for the
applicable food establishment specified in the
applicable food establishment specified in the
Code.
this Code.
4626.1870 RETAIL FOOD VEHICLES,
4626.1870 RETAIL FOOD VEHICLES,
PORTABLE STRUCTURES, OR CARTS.
PORTABLE STRUCTURES, OR CARTS.
This part applies to retail food vehicles,
This part applies to retail food vehicles,
portable structures, or carts.
portable structures, or carts.
A. A retail food vehicle, portable structure, or A. A retail food vehicle, portable structure, or
cart is exempt from compliance with part
cart is exempt from compliance with part
4626.0505, items B to I.
4626.0505, items B to I.
B. In conjunction with the notice of opening
B. In conjunction with the notice of opening
required in part 4626.1750, the applicant for a
required in part 4626.1750, the applicant for a
213
Chapter 9
MN Current Code
Code Consensus Committee Proposed
license to operate a retail food vehicle, portable license to operate a retail food vehicle, portable
structure, or cart shall provide to the regulatory structure, or cart shall provide to the regulatory
authority information on the:
authority information on the:
(1) sources of the food;
(1) sources of the food;
(2) type and volume of food to be sold or
(2) type and volume of food to be sold or
otherwise provided for human consumption;
otherwise provided for human consumption;
(3) equipment used to sell or otherwise
(3) equipment used to sell or otherwise
provide the food for human consumption; and
provide the food for human consumption; and
(4) time period and location of operation.
(4) time period and location of operation.
C. Drained ice, dry ice, or cold packs may be
C. Drained ice, dry ice, or cold packs may be
substituted for the mechanical refrigeration
substituted for the mechanical refrigeration
required in parts 4626.0375 and 4626.0395 if
required in parts 4626.0375 and 4626.0395 if
the cold temperatures in parts 4626.0340 to
the cold temperatures in parts 4626.0340 to
4626.0365 are maintained. Mechanical
4626.0365 are maintained. Mechanical
refrigeration shall be provided for potentially
refrigeration complying with part 4626.0505
hazardous foods held for four hours or more.
shall be provided for potentially hazardous
D. The vehicle, structure, or cart shall provide foods held for four hours or more.
protection during adverse weather by its
D. The vehicle, structure, or cart shall provide
construction or location. Food activities shall
protection during adverse weather by its
cease if protection fails.
construction or location. Food activities shall
E. The regulatory authority may restrict the
cease if protection fails.
type of food sold or provided based on
E. The regulatory authority may restrict the
equipment limitations, adverse climatic
type of food sold or provided based on
conditions, or any other condition that poses a
equipment limitations, adverse climatic
hazard to public health.
conditions, or any other condition that poses a
hazard to public health.
4626.2000 DEFINITIONS.
4626.2000 DEFINITIONS
Subpart 1. Scope. The terms used in parts
Subpart 1. Scope. The terms used in parts
4626.2000 to 4626.2025 have the meanings
4626.2000 to 4626.2025 have the meanings
given them in this part and in part 4626.0020.
given them in this part and in part 4626.0020.
Subp. 2. Adult day care center. "Adult day
care center" has the meaning given in part
9555.9600, subpart 4.
Subp. 2. Adult day care center. "Adult day
care center" has the meaning given in part
9555.9600, subpart 4.
Subp. 3. Certified food manager. "Certified
food manager" means an individual who has a
valid Minnesota food manager's certification
under part 4626.2015.
Subp. 4. Child care facility. "Child care
facility" means a facility that provides child
care as defined in Minnesota Statutes, section
119B.01, subdivision 6.
Subp. 3. Certified food manager. "Certified
food manager" means an individual who has a
valid Minnesota food manager's certification
under part 4626.2015.
Subp. 4. Child care facility. "Child care
facility" means a facility that provides child
care as defined in Minnesota Statutes, section
119B.01, subdivision 6.
214
Chapter 9
MN Current Code
Code Consensus Committee Proposed
Subp. 5. Code. "Code" means the Minnesota
Food Code, parts 4626.0010 to 4626.1870.
Subp. 5. Code. "Code" means the Minnesota
Food Code, parts 4626.0010 to 4626.1870.
Subp. 6. Commissioner. "Commissioner"
means the commissioner of health.
Subp. 6. Commissioner. "Commissioner"
means the commissioner of health.
Subp. 7. Department. "Department" means
the Department of Health.
Subp. 7. Department. "Department" means
the Department of Health.
Subp. 8. Employ. "Employ" means to secure
the services of an employee.
Subp. 8. Employ. "Employ" means to secure
the services of an employee.
Subp. 9. Operator. "Operator" means the
person responsible for the overall operation of Subp. 9. Operator. "Operator" means the
a food establishment.
person responsible for the overall operation of
a food establishment.
Subp. 10. Owner. "Owner" means the person
who owns a food establishment.
Subp. 10. Owner. "Owner" means the person
who owns a food establishment.
Subp. 11. Prepare. "Prepare" means to
process food by heating, cooking, canning,
Subp. 11. Prepare. "Prepare" means to
extracting, fermenting, distilling, pickling,
process food by heating, cooking, canning,
freezing, baking, drying, smoking, grinding,
extracting, fermenting, distilling, pickling,
cutting, mixing, coating, stuffing, packing,
freezing, baking, drying, smoking, grinding,
bottling, packaging, or any other treatment or
cutting, mixing, coating, stuffing, packing,
preservation process.
bottling, packaging, or any other treatment or
preservation process.
Subp. 12. School. "School" has the meaning
given in Minnesota Statutes, section 120A.22,
Subp. 12. School. "School" has the meaning
subdivision 4.
given in Minnesota Statutes, section 120A.22,
subdivision 4.
Subp. 13. Senior nutrition program. "Senior
nutrition program" means a program that
Subp. 13. Senior nutrition program. "Senior
consists of service distribution points that
nutrition program" means a program that
provide congregate meals, home-delivered
consists of service distribution points that
meals, and linkages to social service programs provide congregate meals, home-delivered
for persons 60 years of age or older.
meals, and linkages to social service programs
for persons 60 years of age or older.
4626.2005 SCOPE.
4626.2005 SCOPE
Parts 4626.2000 to 4626.2025 apply to:
Parts 4626.2000 to 4626.2025 apply to:
A. food establishments that are regulated by
A. food establishments that are regulated
the Department of Agriculture, the Department by the Department of Agriculture, the
of Health, or local authorities that conduct
Department of Health, or local authorities that
inspections of food establishments;
conduct inspections of food establishments;
215
Chapter 9
MN Current Code
Code Consensus Committee Proposed
B. individuals applying for certification as a
B. individuals applying for certification as
food manager;
a food protection manager;
C. persons providing training for food
C. persons providing training for food
managers; and
protection managers; and
D. persons providing examinations for food
D. persons providing examinations for
managers.
food protection managers.
4626.2010 CERTIFIED FOOD MANAGER
4626.2010 CERTIFIED FOOD
REQUIREMENTS FOR FOOD
PROTECTION MANAGER
ESTABLISHMENTS.
REQUIREMENTS FOR FOOD
ESTABLISHMENTS.
Subpart 1. Certified food manager required.
Except as provided under subpart 4, an owner
Subpart 1. Certified food protection manager
or operator of a food establishment must
required. Except as provided under subpart 4,
employ one full-time certified food manager
an owner or operator of a food establishment
for each food establishment except for a
must employ one full-time certified food
satellite or catered feeding location.
protection manager for each food
establishment except for a satellite or catered
Subp. 2. Satellite or catered feeding location.
feeding location.
A. A satellite or catered feeding location is a
separate location where food is only reheated
Subp. 2. Satellite or catered feeding location.
and served or served cold. A satellite or
A. A satellite or catered feeding location is
catered feeding location must be under the
a separate location where food is only reheated
direct management authority of the owner or
and served or served cold. A satellite or
operator of a food establishment.
catered feeding location must be under the
B. An owner or operator of a satellite or
direct management authority of the owner or
catered feeding location has the option of
operator of a food establishment.
complying with subpart 1 or identifying a
B. An owner or operator of a satellite or
certified food manager who:
catered feeding location has the option of
(1) is employed by the same owner or
complying with subpart 1 or identifying a
operator at a food establishment located
certified food protection manager who:
elsewhere within the state; and
(1) is employed by the same owner or
(2) has direct management authority for the
operator at a food establishment located
satellite or catered feeding location, including
elsewhere within the state; and
responsibility for ensuring food safety through
(2) has direct management authority for
routine, on-site review.
the satellite or catered feeding location,
C. Identification of a certified food manager
including responsibility for ensuring food
under this subpart is limited to one satellite or
safety through routine, on-site review.
catered feeding location per certified food
C. Identification of a certified food
manager, except for a food establishment
protection manager under this subpart is
owned or operated by a school, adult day care
limited to one satellite or catered feeding
center, child care facility, or a senior nutrition
location per certified food protection manager,
program, in which case up to ten satellite or
except for a food establishment owned or
catered feeding locations per certified food
operated by a school, adult day care center,
manager is allowed.
child care facility, or a senior nutrition
216
Chapter 9
MN Current Code
Code Consensus Committee Proposed
program, in which case up to ten satellite or
Subp. 3. Posting requirements. An owner or
catered feeding locations per certified food
operator of a food establishment required to
protection manager is allowed.
employ a certified food manager must have a
copy of the certificate issued under part
Subp. 3. Posting requirements. An owner or
4626.2015 posted in a conspicuous place at the operator of a food establishment required to
establishment.
employ a certified food protection manager
must have a copy of the certificate issued under
Subp. 4. Exemptions. The following food
part 4626.2015 posted in a conspicuous place
establishments are not required to have a
at the establishment. The certificate must be
certified food manager:
held by an individual actively employed by the
A. a food establishment where food
establishment.
preparation activities are solely limited to one
or more of the following:
Subp. 4. Exemptions. The following A food
(1) heating or serving precooked hot dog or
establishments are is not required to have
sausage products, popcorn, nachos, pretzels, or employ a certified food protection manager:
frozen pizza;
A. when a food establishment where food
(2) preparing or serving a continental
preparation service activities are solely limited
breakfast such as rolls, coffee, juice, milk, and to one or more of the following:
cold cereal;
(1) heating or serving precooked hot dog
(3) preparing or serving nonalcoholic or
or sausage products, popcorn, nachos, pretzels,
alcoholic beverages or ice;
or frozen pizza providing prepackaged
(4) grinding coffee beans;
potentially hazardous food (TCS: Time(5) packaging foods that are not potentially
Temperature Control for Safety) in its original
hazardous foods;
package that is maintained at 41ºF or below;
(6) serving bulk food as defined in Minnesota
(2) preparing or serving a continental
Statutes, section 31.80, subdivision 2;
breakfast such as rolls, coffee, juice, milk, and
(7) processing raw meat, poultry, fish, or wild cold cereal;
game intended for cooking after sale;
(3) preparing or serving nonalcoholic or
(8) heating as the only preparation step for a
alcoholic beverages or ice;
bakery product;
(4) grinding coffee beans;
(9) providing prepackaged food in its original
(5) packaging foods that are not
package; or
potentially hazardous foods;
(10) cleaning or sanitizing eating, drinking, or
(6) serving bulk food as defined in
cooking utensils, when the only food served is Minnesota Statutes, section 31.80, subdivision
prepared off site;
2;
B. the following establishments if food is
(3) Providing non-potentially hazardous
prepared for 18 or fewer persons per mealtime: food (Non-TCS: Time-Temperature Control
a boarding establishment as defined in
for Safety) that is not being processed;
Minnesota Statutes, section 157.15,
(4) Processing non-potentially hazardous
subdivision 4, a bed and breakfast, a child care foods (Non-TCS: Time-Temperature Control
facility, or an adult day care center;
for Safety) that does not meet the definition of
C. a food cart, mobile food unit, seasonal
a potentially hazardous food (TCS: Timepermanent food stand, seasonal temporary food Temperature Control for Safety) after
217
Chapter 9
MN Current Code
Code Consensus Committee Proposed
stand, or special event food stand, as defined in processing;
Minnesota Statutes, section 157.15,
(7) (5) processing raw meat, poultry, fish, or
subdivisions 6, 9, 12a, 13, and 14, respectively; wild game intended for cooking after sale;
D. a retail food vehicle, portable structure,
(8) (6) heating as the only preparation step
cart, or vending machine; and
for a bakery product ready-to-eat potentially
E. a food establishment that provides meals no hazardous food (TCS: Time-Temperature
more than one day in a seven-day period and
Control for Safety) for immediate service;
that is owned and operated by a business or a
(9) providing prepackaged food in its original
nonprofit organization whose primary activity
package; or
is not food service.
(10) (7) cleaning or sanitizing eating, drinking,
or cooking utensils, when the only food served
Subp. 5. Duties of certified food manager. An is prepared off site;
owner or operator, through the certified food
B. the following establishments if food is
manager, is responsible for ensuring that:
prepared for 18 or fewer persons per mealtime:
A. hazards in the day-to-day operation of the
a boarding establishment as defined in
food establishment are identified;
Minnesota Statutes, section 157.15,
B. policies and procedures to prevent
subdivision 4, a bed and breakfast, a child care
foodborne illness are developed and
facility, or an adult day care center;
implemented;
C. a food cart, mobile food unit, seasonal
C. employees are trained to ensure that there is permanent food stand, seasonal temporary food
at least one trained individual present at all
stand, or special event food stand, as defined in
times food preparation activities are conducted Minnesota Statutes, section 157.15,
who can demonstrate the knowledge required
subdivisions 6, 9, 12a, 13, and 14, respectively;
in the Code;
D. a retail food vehicle, portable structure,
D. food preparation activities are directed and cart, or vending machine; and
corrective action is taken, as needed, to protect
E. a food establishment that provides
the health of the consumer; and
meals no more than one day in a seven-day
E. in-house self-inspections of daily
period and that is owned and operated by a
operations are conducted on a periodic basis to business or a nonprofit organization whose
ensure that food safety policies and procedures primary activity is not food service.
are followed.
Subp. 5. Duties of cCertified food protection
Subp. 6. New establishments and employee
manager means a person who has demonstrated
transition. An owner or operator of a food
by means of a food safety certification
establishment that commences operation on or examination to a certifying organization that
after July 1, 2000, or a food establishment that he/she has the knowledge, skills and abilities
ceases to employ a certified food manager
required to protect the public from foodborne
must, within 45 days:
illness. Duties of such persons include but are
A. hire a new certified food manager;
not necessarily limited to An owner or
B. designate an existing employee who is
operator, through the certified food manager, is
enrolled in a training course according to part
responsible for ensuring that:
4626.2015; or
A. responsibility for identifying hazards in
C. hire a new employee who is enrolled in a
the day-to-day operation of the that provides
training course according to part 4626.2015.
food for human consumption food
218
Chapter 9
MN Current Code
Code Consensus Committee Proposed
establishment are identified;
The designated employee in training under
B. development or implementation of
item B or C must apply for certification as a
specific policies, and procedures, or standards
food manager within 90 days of the date that
aimed at to preventing foodborne illness are
the food establishment commenced operation
developed and implemented;
or ceased to employ its certified food manager,
C. coordination of training, supervision, or
as applicable. If, for any reason, the
direction of employees are trained to ensure
designated employee does not receive
that there is at least one trained individual
certification, the owner or operator of the food present at all times food preparation activities
establishment must employ a certified food
are conducted who can demonstrate the
manager within 30 days of determining that the knowledge required in the Code;
employee in training will not be certified.
D. food preparation activities, and
responsibility for taking are directed and
Subp. 7. Effective date. This part is effective
corrective action is taken, as needed, to protect
July 1, 2000.
the health of the consumer; and
E. responsibility for completion of in-house
self-inspections of daily operations are
conducted on a periodic basis to see that ensure
that food safety policies and procedures
concerning food safety are being followed.
Subp. 6. New establishments and employee
transition. An owner or operator of a food
establishment that commences operation on or
after July 1, 2000, or a food establishment that
ceases to employ a certified food protection
manager must, within 45 days:
A. hire a new certified food protection
manager;
B. designate an existing employee who is
enrolled in a training course according to part
4626.2015; or
C. hire a new employee who is enrolled in
a training course according to part 4626.2015.
The designated employee in training under
item B or C must apply for certification as a
food protection manager within 90 days of the
date that the food establishment commenced
operation or ceased to employ its certified food
protection manager, as applicable. If, for any
reason, the designated employee does not
receive certification, the owner or operator of
the food establishment must employ a certified
food protection manager within 30 days of
219
MN Current Code
Chapter 9
Code Consensus Committee Proposed
determining that the employee in training will
not be certified.
Subp. 7. Effective date. This part is
effective July 1, 2000.
4626.2015 CERTIFIED FOOD
PROTECTION MANAGER
QUALIFICATIONS AND APPLICATION.
4626.2015 CERTIFIED FOOD MANAGER
QUALIFICATIONS AND APPLICATION.
Subpart 1. Training. An applicant for
certification as a food manager must complete
a training course that addresses safe food
preparation and handling, sanitation, and the
prevention of foodborne illness. The course
must cover improper holding temperatures,
inadequate cooking, contaminated equipment,
food from unsafe source, and poor personal
hygiene.
Subpart 1. Training. An applicant for
certification as a food protection manager must
complete a training course that addresses safe
food preparation and handling, sanitation, and
the prevention of foodborne illness. The
course must cover , improper holding
temperatures, inadequate cooking,
contaminated equipment, food from unsafe
source, and poor personal hygiene.
Subp. 2. Examination. An applicant for
certification as a food manager must pass a
written examination recognized under part
4626.2020 on the date taken. The examination
must have been taken within 36 months
directly preceding the application for
certification under subpart 3.
Subp. 3. Application fee and documents. An
applicant for certification as a food manager
must submit to the commissioner:
A. documentation of the applicant's
qualifications under subparts 1 and 2;
B. a completed application on a form provided
by the commissioner that contains:
(1) the name, telephone number, and mailing
address, including county, of the applicant; and
(2) the social security number of the
applicant; and
C. a $15 nonrefundable certification fee
payable to the department.
Subp. 4. Issuance of certificate. Upon review
and verification, as needed, of the documents
submitted under subpart 3, the commissioner
shall issue a certificate or a letter of denial
Subp. 2. Examination. An applicant for
certification as a food protection manager must
pass a written examination recognized under
part 4626.2020 on the date taken. The
examination must have been taken within 36
months directly preceding the application for
certification under subpart 3.
Subp. 3. Application fee and documents. An
applicant for certification as a food manager
must submit to the commissioner:
A. documentation of the applicant's
qualifications under subparts 1 and 2;
B. a completed application on a form
provided by the commissioner that contains:
(1) the name, telephone number, and
mailing address, including county, of the
applicant; and
(2) the social security number of the
applicant; and
C. a $15 nonrefundable certification fee
payable to the department fee as defined in
Minnesota Statutes, section 157.16 subd. 2a.
Subp. 4. Issuance of certificate. Upon review
220
Chapter 9
MN Current Code
Code Consensus Committee Proposed
within 45 days of receiving the application.
and verification, as needed, of the documents
Grounds for the commissioner to deny an
submitted under subpart 3, the commissioner
application are provided in Minnesota Statutes, shall issue a certificate or a letter of denial
section 144.99, subdivision 8, paragraphs (a)
within 45 days of receiving the application.
and (b).
Grounds for the commissioner to deny an
application are provided in Minnesota Statutes,
Subp. 5. Certificate validity; nontransfer. A
section 144.99, subdivision 8, paragraphs (a)
food manager certificate is valid statewide for
and (b).
three years from the date of issuance. The
certificate is not transferable to another
Subp. 5. Certificate validity; nontransfer. A
individual.
food protection manager certificate is valid
statewide for three years from the effective
Subp. 6. Renewal. An applicant for
date date of issuance. The certificate is not
certification renewal must submit to the
transferable to another individual.
commissioner:
A. a completed renewal application on a form Subp. 6. Renewal. An applicant for
provided by the commissioner that contains:
certification renewal must submit to the
(1) the name, telephone number, and mailing commissioner:
address, including county, of the applicant; and
A. a completed renewal application on a
(2) the social security number of the
form provided by the commissioner that
applicant;
contains:
B. a $15 nonrefundable certification fee
(1) the name, telephone number, and
payable to the department; and
mailing address, including county, of the
C. documentation of successful completion of applicant; and
at least four contact hours of continuing
(2) the social security number of the
education within the 36 months directly
applicant;
preceding submittal of the renewal application.
B. a $15 nonrefundable certification fee
The continuing education must meet the
payable to the department fee as defined in
requirements of subpart 7.
Minnesota Statutes, section 157.16 subd. 2a.;
Documentation must include:
and
(1) the name, address, and telephone number
C. documentation of successful
of the person providing the continuing
completion of at least four contact hours of
education;
continuing education within the 36 months
(2) an agenda and course outline or other
directly preceding submittal of the renewal
material that demonstrates that the course
application. The continuing education must
addressed food sanitation and safety or
meet the requirements of subpart 7.
emerging trends in food preparation and
Documentation must include:
handling, sanitation, or the prevention of
(1) student’s name and verification of
foodborne illness;
attendance;
(3) the number of hours of instruction; and
(12) the name, address, and telephone
(4) the dates and location of the continuing
number of the institution, company, or
education.
individual providing the continuing education;
(23) an agenda and course title and outline or
Upon review and verification, as needed, the
other material that demonstrates that the course
221
Chapter 9
MN Current Code
Code Consensus Committee Proposed
commissioner shall issue a certificate or a letter addressed food sanitation and safety or
of denial within 45 days of receiving the
emerging trends in food preparation and
renewal application. Grounds for the
handling, sanitation, or the prevention of
commissioner to deny an application are
foodborne illness;
provided in Minnesota Statutes, section
(34) the number of hours of instruction; and
144.99, subdivision 8, paragraphs (a) and (b).
(45) the dates and location of the continuing
education.
Subp. 7. Continuing education. A continuing
Upon review and verification, as needed, the
education course must:
commissioner shall issue a certificate or a letter
A. address food sanitation and safety or
of denial within 45 days of receiving the
emerging trends in food preparation and
renewal application. Grounds for the
handling, sanitation, or the prevention of
commissioner to deny an application are
foodborne illness;
provided in Minnesota Statutes, section
B. be at least one contact hour;
144.99, subdivision 8, paragraphs (a) and (b).
C. use a mechanism to validate participation;
D. maintain attendance sheets for five years;
Subp. 7. Continuing education. A continuing
and
education course must:
E. be presented by knowledgeable persons
A. address food sanitation and safety or
who have reviewed developments in the
emerging trends in food preparation and
subject being covered in the program within
handling, sanitation, or the prevention of
the last two years. The instructors'
foodborne illness;
qualifications must be in one of the following:
B. be at least one contact hour;
specialized training in the subject matter or
C. use a mechanism to validate
experience teaching the subject matter.
participation, to include the name of the
participant on required documentation of
Subp. 8. Expired certificate. An individual
completion;
whose certification expires may apply for
D. maintain attendance sheets for five
renewal under subpart 6 if no more than one
years; and
year has elapsed since the certificate's
E. be presented by knowledgeable persons
expiration date. If more than one year has
who have reviewed developments in the
elapsed since the expiration date, an applicant
subject being covered in the program within
for renewal must comply with subparts 1 to 4.
the last two years. The instructors'
qualifications must be in one of the following:
Subp. 9. Duplicate certificate. The
specialized training in the subject matter or
commissioner shall issue a duplicate certificate experience teaching the subject matter.
to replace a lost, destroyed, or mutilated
F. be provided in either a classroom or
certificate if the applicant submits a completed interactive on-line setting.
application on a form provided by the
G. have prior review and approval by MDH to
commissioner for a duplicate certificate and
verify that content and credit hours specified in
pays $15 to the department for the cost of
this subpart have been met.
duplication.
H. submit course materials for review every
three years, or if significant changes are made.
Subp. 8. Audit
222
MN Current Code
Chapter 9
Code Consensus Committee Proposed
At no cost to MDH, Continuing Education
Courses may be subject to audit to verify that
content and credit hours are being met.
Subp. 89. Expired certificate. An individual
whose certification expires may apply for
renewal under subpart 6 if no more than one
year has elapsed since the certificate's
expiration date. If more than one year has
elapsed since the expiration date, an applicant
for renewal must comply with subparts 1 to 4.
4626.2020 RECOGNIZED
EXAMINATIONS.
After the Conference for Food Protection (110
Tecumseh Trail, Frankfort, Kentucky 40601)
publishes its list of recognized food protection
managers certification examinations, the
commissioner shall accept only examinations
that are recognized by the Conference for Food
Protection. The following examinations are
recognized up to the date of publication of the
Conference for Food Protection list of
recognized examinations:
A. the ServSafe© Examination of the
Educational Foundation of the National
Restaurant Association;
B. the Certified Professional Food Managers
Examination of the Experior Assessments LLC
(formerly National Assessment Institute);
C. the Food Safety Manager Certification
Examination of Professional Testing, Inc.;
D. the Food Protection Certification
Examination of the Chauncey Group
Subp. 910. Duplicate certificate. The
commissioner shall issue a duplicate certificate
to replace a lost, destroyed, or mutilated
certificate if the applicant submits a completed
application on a form provided by the
commissioner for a duplicate certificate and
pays the $28 to the department for the cost of
duplication fee as defined in Minnesota
Statutes, section 157.16 subd. 2a.
4626.2020 RECOGNIZED
EXAMINATIONS.
After the Conference for Food Protection (110
Tecumseh Trail, Frankfort, Kentucky 40601)
publishes its list of recognized food protection
manager’s certification examinations, the
commissioner shall accept only examinations
that are recognized by the Conference for Food
Protection as conforming to the Conference for
Food Protection Standards for Accreditation of
Food Protection Manager Certification
Programs. The following examinations are
recognized up to the date of publication of the
Conference for Food Protection list of
recognized examinations:
A. the ServSafe© Examination of the
Educational Foundation of the National
Restaurant Association;
B. the Certified Professional Food
Managers Examination of the Experior
Assessments LLC (formerly National
Assessment Institute);
C. the Food Safety Manager Certification
223
Chapter 9
MN Current Code
Code Consensus Committee Proposed
International; and
Examination of Professional Testing, Inc.;
E. the Certified Food Protection Professional
D. the Food Protection Certification
Sanitation and Safety Examination of the
Examination of the Chauncey Group
Certifying Board for Dietary Managers.
International; and
E. the Certified Food Protection
Professional Sanitation and Safety
Examination of the Certifying Board for
Dietary Managers.
4626.2025 VARIANCE.
A variance to parts 4626.2000 to 4626.2020
may be requested under parts 4626.1690 to
4626.1715.
Minn. Rules repealed, etc. in chapter 4626
4626.1721 [Renumbered 1560.9000]
Current as of 06/22/06
Minnesota Department of Health
Environmental Health Services Section
641-201-5792
224