(1) The source of the SHELLSTOCK on display is identified as specified under § 3-202.18 and recorded as specified under § 3-203.12; and
(2) The SHELLSTOCK are protected from contamination.
(C) SHUCKED SHELLFISH may be removed from the container in which they were received and held in a display container from which individual servings are dispensed upon a CONSUMER'S request if:
(1) The labeling information for the shellfish on display as specified under § 3-202.17 is retained and correlated to the date when, or dates during which, the shellfish are sold or served; and
(2) The shellfish are protected from contamination.
(D) SHUCKED SHELLFISH may be removed from the container in which they were received and repacked in CONSUMER self-service containers where allowed by LAW if:
(1) The labeling information for the shellfish is on each CONSUMER self-service container as specified under § 3-202.17 and ¶¶ 3-602.11 (A) and (B) (1) - (5);
(2) The labeling information as specified under § 3-202.17 is retained and correlated with the date when, or dates during which, the shellfish are sold or served;
(3) The labeling information and dates specified under Subparagraph (D)(2) of this section are maintained for 90 days; and
(B) Retail FOOD ESTABLISHMENTS, including restaurants, that grind beef for sale as raw ground beef or another not READY-TO-EAT FOOD, shall maintain the following records:
(1) The establishment number or license number of the facility that supplies the beef used to grind each lot of raw ground beef product;
(2) All beef supplier lot numbers and production dates;
(3) The names of the supplied beef, including beef components and any materials (rework or regrind) carried over from one production lot to the next;
(4) The date and time each lot of raw ground beef product is produced;
(5) The date and time when grinding EQUIPMENT and other related FOODCONTACT SURFACES are cleaned and sanitized.
NOTE: A ground beef lot is defined as the amount of ground beef produced during an identified date and time period from one complete clean up to another.
(C) The required records are to be maintained at the grinding establishment and are to be kept for a minimum of 1 year.
(D) If a facility grinds beef and sells it all in the ready to eat form (e.g., cooked hamburger), it is exempt from the requirements of this section.
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(B) Except when washing fruits and vegetables as specified under § 3-302.15 or as specified in ¶¶ (D) and (E) of this section, FOOD EMPLOYEES may not contact exposed, READY-TO-EAT FOOD with their bare hands and shall use suitable UTENSILS such as deli tissue, spatulas, tongs, single-use gloves, or dispensing EQUIPMENT. P
(C) FOOD EMPLOYEES shall minimize bare hand and arm contact with exposed FOOD that is not in a ready-to-eat form. Pf
(D) Paragraph (B) of this section does not apply to a FOOD EMPLOYEE that contacts exposed, READY-TO-EAT FOOD with bare hands at the time the READY-TO-EAT FOOD is being added as an ingredient to a FOOD that:
(1) Contains a raw animal FOOD and is to be cooked in the FOOD ESTABLISHMENT to heat all parts of the FOOD to the minimum temperatures specified in ¶¶ 3-401.11(A)-(B) or §3-401.12; or
(2) Does not contain a raw animal FOOD but is to be cooked in the FOOD ESTABLISHMENT to heat all parts of the FOOD to a temperature of at least 63_C (145_F).
(E) FOOD EMPLOYEES not serving HIGHLY SUSCEPTIBLE POPULATION, may contact exposed, READY-TO-EAT FOOD with their bare hands if:
(1) The LICENSE HOLDER obtains prior APPROVAL from the REGULATORY AUTHORITY;
(2) 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 listing of the specific READY-TO-EAT FOODS that are touched by bare hands,
(b) Diagrams and other information showing that handwashing facilities, installed, located, equipped, and maintained as specified under §§ 5-203.11, 5-204.11, 5-205.11, 6-301.11, 6-301.12, and 6-301.14, are in an easily accessible location and in close proximity to the work station where the bare hand contact procedure is conducted;
(3) A written EMPLOYEE health policy that details how the FOOD ESTABLISHMENT complies with §§ 2-201.11, 2-201.12, and 2-201.13 including:
(a) Documentation that FOOD EMPLOYEES and CONDITIONAL EMPLOYEES acknowledge that they are informed to report information about their health and activities as they relate to gastrointestinal symptoms and diseases that are transmittable through FOOD as specified under ¶ 2-201.11 (A),
(b) Documentation that FOOD EMPLOYEES and CONDITIONAL EMPLOYEES acknowledge their responsibilities as specified under ¶ 2-201.11 (E) and (F), and
(c) Documentation that the PERSON IN CHARGE acknowledges the responsibilities as specified under ¶¶ 2-201.11 (B), (C) and (D), and §§ 2-201.12 and 2-201.13;
(4) Documentation that FOOD EMPLOYEES acknowledge that they have received training in:
(a) The RISKS of contacting the specific READY-TO-EAT FOODS with bare hands,
(b) Proper handwashing as specified under § 2-301.12,
(c) When to wash their hands as specified under § 2-301.14,
(d) Where to wash their hands as specified under § 2-301.15,
(e) Proper fingernail maintenance as specified under § 2-302.11,
(f) Prohibition of jewelry as specified under § 2-303.11, and
(g) Good hygienic practices as specified under §§2-401.11 and 2-401.12; Documentation that hands are washed before FOOD preparation and as necessary to prevent cross contamination by FOOD EMPLOYEES as specified under §§ 2-301.11, 2-301.12, 2-301.14, and 2-301.15 during all hours of operation when the specific READY-TO-EAT FOODS are prepared;
(5) Documentation that FOOD EMPLOYEES contacting READY-TO-EAT FOOD with bare hands use two or more of the following control measures to provide additional safeguards to HAZARDS associated with bare hand contact:
(a) Double handwashing,
(b) Nail brushes,
(c) A hand antiseptic after handwashing as specified under § 2-301.16,
(d) Incentive programs such as paid sick leave that assist or encourage FOOD EMPLOYEES not to work when they are ill, or
(e) Other control measures approved by the REGULATORY AUTHORITY; and
(6) Documentation that corrective action is taken when Subparagraphs (E) (1) - (6) of this section are not followed.
Note: Workers and consumers exposed to latex gloves and other products containing natural rubber latex may develop allergic reactions such as skin rashes; hives; nasal, eye, or sinus symptoms; asthma; and (rarely) shock.
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(1) Except as specified in (1) (d) below, separating raw animal FOODS during storage, preparation, holding, and display from:
(a) Raw READY-TO-EAT FOOD including other raw animal FOOD such as FISH for sushi or MOLLUSCAN SHELLFISH, or other raw READY-TO-EAT FOOD such as fruits and vegetables, P and
(b) Cooked READY-TO-EAT FOOD; P
(c) Fruits and vegetables before they are washed as specified under § 3-302.15.
(d) Frozen, commercially PROCESSED and PACKAGED raw animal FOOD may be stored or displayed with or above frozen, commercially PROCESSED and PACKAGED, READY-TO-EAT FOOD.
(2) Except when combined as ingredients, separating types of raw animal FOODS from each other such as beef, FISH, lamb, pork, and POULTRY during storage, preparation, holding, and display by:
(a) Using separate EQUIPMENT for each type, P or
(b) Arranging each type of FOOD in EQUIPMENT so that cross contamination of one type with another is prevented, P and
(c) Preparing each type of FOOD at different times or in separate areas; P
(3) Cleaning EQUIPMENT and UTENSILS as specified under ¶ 4-602.11 (A) and SANITIZING as specified under § 4-703.11;
(4) Except as specified in Subparagraph 3-501.15 (B)(2) and in ¶ (B) of this section, storing the FOOD in PACKAGES, covered containers, or wrappings;
(5) Cleaning HERMETICALLY SEALED CONTAINERS of FOOD of visible soil before opening;
(6) Protecting FOOD containers that are received PACKAGED together in a case or overwrap from cuts when the case or overwrap is opened;
(7) Storing damaged, spoiled, or recalled FOOD being held in the FOOD ESTABLISHMENT as specified under § 6-404.11; and
(8) Separating fruits and vegetables, before they are washed as specified under §3-302.15 from READY-TO-EAT FOOD.
(B) Subparagraph (A) (4) of this section does not apply to:
(1) Whole, uncut, raw fruits and vegetables and nuts in the shell, that require peeling or hulling before consumption;
(2) PRIMAL CUTS, quarters, or sides of raw MEAT or slab bacon that are hung on clean, SANITIZED hooks or placed on clean, SANITIZED racks;
(3) Whole, uncut, PROCESSED MEATS such as country hams, and smoked or cured sausages that are placed on clean, SANITIZED racks;
(4) FOOD being cooled as specified under Subparagraph 3-501.15 (B) (2); or
(B) Except as specified in ¶ (C) of this section, self-service CONSUMERS may not be allowed to use soiled TABLEWARE, including SINGLE-SERVICE ARTICLES, to obtain additional FOOD from the display and serving EQUIPMENT.
(C)
Drinking cups and containers may be reused by self-service CONSUMERS if refilling is a contamination-free process as specified under ¶¶ 4-204.13 (A), (B), and (D).
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(B) A take-home FOOD container returned to a FOOD ESTABLISHMENT may be refilled at a FOOD ESTABLISHMENT with FOOD if the FOOD container is:
(1) Designed and constructed for reuse and in accordance with the requirements specified under Part 4-1 and 4-2; P
(2) One that was initially provided by the FOOD ESTABLISHMENT to the CONSUMER, either empty or filled with FOOD by the FOOD ESTABLISHMENT, for the purpose of being returned for reuse;
(3) Returned to the FOOD ESTABLISHMENT by the CONSUMER after use;
(4) Subject to the following steps before being refilled with FOOD:
(a) Cleaned as specified under Part 4-6 of this Code,
(b) Sanitized as specified under Part 4-7 of this Code; P
(c) Visually inspected by a FOOD EMPLOYEE to verify that the container, as returned, meets the requirements specified under Part 4-1 and 4-2;
P and
(C) A take-home FOOD container returned to a FOOD ESTABLISHMENT may be refilled at a FOOD ESTABLISHMENT with BEVERAGE if:
(1) The BEVERAGE is not a TIME/TEMPERATURE CONTROL FOR SAFETY FOOD;
(2) The design of the container and of the rinsing EQUIPMENT and the nature of the BEVERAGE, when considered together, allow effective cleaning at home or in the FOOD ESTABLISHMENT;
(3) The CONSUMER-owned container returned to the FOOD ESTABLISHMENT for refilling is refilled for sale or service only to the same CONSUMER; and
(4) The container is refilled by:
(a) An EMPLOYEE of the FOOD ESTABLISHMENT, or
(b) The owner of the container if the BEVERAGE system includes a contamination-free transfer process as specified under ¶¶ 4-204.13(A), (B), and (D) that cannot be bypassed by the container owner.
(D) Consumer-owned, personal take-out BEVERAGE containers, such as thermally insulated bottles, nonspill coffee cups, and promotional BEVERAGE glasses, may be refilled by EMPLOYEES or the CONSUMER if refilling is a contamination-free process as specified under ¶¶ 4-204.13(A), (B), and (D).
