Missouri Food Code for the Food Establishments of the State

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Missouri Food Code for the Food Establishments of the State

Transcript Of Missouri Food Code for the Food Establishments of the State

MISSOURI FOOD CODE DOCUMENT
Missouri Food Code for the
Food Establishments of the State of Missouri
Publication Date: June 3, 2013 1

MISSOURI FOOD CODE

Chapter

Title

Table of Contents

Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Chapter 7 Chapter 8 Index

Definitions Management and Personnel Food Equipment, Utensils, and Linens Water, Plumbing, and Waste Physical Facilities Poisonous or Toxic Materials Compliance and Enforcement

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3 19 29 55 75 85 92 95 100

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Chapter 1: Definitions
1-101.10 Food Code. These provisions shall be known as the Food Code, hereinafter referred to as “this Code.”
1-102.10 Food Safety, Illness Prevention, and Honest Presentation. The purpose of this Code is to safeguard public health and provide to consumers food that is safe, unadulterated, and honestly presented.
1-103.10 Statement. This Code establishes definitions; set standards for management and personnel, food operations, equipment and facilities, and drinking and non-drinking water and wastewater; and establishes procedures for approval to open, Hazard Analysis and Critical Control Points (HACCP) plans, and enforcement by the department.
1-201.10 Statement of Application and Listing of Terms. (A) The following definitions shall apply in the interpretation and application of this Code. (B) Terms Defined. As used in this Code, each of the terms listed in 1-201.10(B) shall have the meaning stated below. Accredited Program. (1) “Accredited program” means a food protection manager certification program that has been evaluated and listed by a Conference for Food Protection recognized accrediting agency as conforming to the Conference for Food Protection Standards for Accreditation of Food Protection Manager Certification Programs that certify individuals. (2) “Accredited program” refers to the certification process and is a designation based upon an independent evaluation of factors such as the 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. (3) “Accredited program” does not refer to training functions or educational programs. Additive. (1) “Food additive” means any substance, the intended use of which results or may reasonably be expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any food including any substance intended for use in producing, manufacturing, packing, processing, preparing, treating, radiation intended for any such use, if such substance is not generally recognized as safe under the conditions of its use; except such term does not include a pesticide chemical residue in or on a raw agricultural commodity or processed food; a pesticide chemical; a color additive; any substance used in accordance with a sanction or approval granted prior to the enactment of relevant federal laws; a new animal drug; or an ingredient in, or intended for use in, a dietary supplement. (2) “Color additive” means a dye, pigment, or other substance, which is capable of imparting color when added or applied to food, drug, cosmetic, or to the human body and requires prior approval by the Food and Drug Administration (FDA); except such term does not include any material which the Secretary of Health and Human Services, by regulation, determines is used or intended to be used solely
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for a purpose or purposes other than coloring or any pesticide chemical, soil or plant nutrient, or other agricultural chemical solely because of its effect in aiding, retarding, or otherwise affecting, directly or indirectly, the growth or other natural physiological processes of produce of the soil and thereby affecting its color, whether before or after harvest. “Adulterated” means a food that: (1) Bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this subdivision if the quantity of such substance in such food does not ordinarily render it injurious to health; or (2) Bears or contains any added poisonous or added deleterious substance which is unsafe within the meaning of Section 196.085, RSMo; or (3) Consists, in whole or in part, of any diseased, contaminated, filthy, putrid, or decomposed substance, or if it is otherwise unfit for food; or (4) Has been produced, prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered diseased, unwholesome, or injurious to health; or (5) Is, in whole or in part, the product of a diseased animal or of an animal which has died otherwise than by slaughter, or that has been fed upon the uncooked offal from a slaughterhouse; or (6) Its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or (7) Any valuable constituent has been in whole or in part omitted or abstracted therefrom; or (8) Any substance has been substituted wholly or in part therefore; or (9) Damage or inferiority has been concealed in any manner; or (10) Any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength or make it appear better or of greater value than it is; or (11) It is confectionery and it bears or contains any alcohol or nonnutritive article or substance except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of four-tenths of one percent (0.4%), harmless natural wax not in excess of four-tenths of one percent (0.4%), harmless natural gum, and pectin; provided, that this subdivision shall not apply to any confectionery, by reason of its containing less than five percent (5%) by weight of alcohol, or to any chewing gum by reason of its containing harmless nonnutritive masticatory substances; or (12) It bears or contains a coal tar color other than one from a batch, which has been certified under authority of the Federal Food, Drug and Cosmetic Act (Title 21 U.S.C. 301 et seq.; 52 Stat. 1040 et seq.). “Approval to open” means certificate issued by the regulatory authority authorizing a food establishment to commence operations as a food establishment due to its meeting minimum requirements set forth by the regulatory authority. “Approved” means acceptable to the regulatory authority based on a determination of conformity with principles, practices, and generally recognized standards that protect public health. Asymptomatic.
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(1) “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.
(2) “Asymptomatic” includes not showing symptoms because symptoms have resolved or subsided, or because symptoms never manifested.
“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.
“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.
“Beverage” means a liquid for drinking, including 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. “Casing” means a tubular container for sausage products made of either natural or artificial (synthetic) material. “Certification number” means a unique combination of letters and numbers assigned by a shellfish control authority to a molluscan shellfish dealer according to the provisions of the National Shellfish Sanitation Program. “CFR” means Code of Federal Regulations and is a compilation of the general and permanent rules published in the Federal Register by the executive department and agencies of the federal government. CIP. (1) “CIP” means cleaned in place by the circulation or flowing by mechanical means
through a piping system of a detergent solution, water rinse, and sanitizing solution onto or over equipment surfaces that require cleaning, such as the method used, in part, to clean and sanitize a frozen dessert machine. (2) “CIP” does not include the cleaning of equipment such as band saws, slicers, or mixers that are subjected to in-place manual cleaning without the use of a CIP system. “Commingle” means: (1) To combine shellstock harvested on different days or from different growing areas as identified on the tag or label, or (2) To combine shucked shellfish from containers with different container codes or different shucking dates. Comminuted. (1) “Comminuted” means reduced in size by methods including chopping, flaking, grinding, or mincing. (2) “Comminuted” includes fish or meat products that are reduced in size and restructured or reformulated such as gefilte fish, gyros, ground beef, and sausage; and a mixture of two (2) or more types of meat that have been reduced in size and combined, such as sausages made from two (2) or more meats. “Conditional employee” means a potential food employee to whom a job offer is made, conditional on responses to subsequent medical questions or examinations designed
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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. “Confirmed foodborne disease outbreak” means a foodborne disease outbreak in which laboratory analysis of appropriate specimens identifies a causative agent and epidemiological analysis implicates the food as the source of the illness. “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. Core item. (1) “Core item” means a provision that, if in noncompliance, may lead to conditions
favorable for food contamination, illness, or environmental health hazards. A core item includes violations related to general sanitation, operational controls, sanitation standard operating procedures (SSOPs), facilities or structures, equipment design, or general maintenance. (2) “Core item” means a provision in this Code that is not designated as a priority item. “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. “Counter-mounted 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” means a point or procedure in a specific food system where loss of control may result in an unacceptable health risk. “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. “Cut leafy greens” means fresh leafy greens whose leaves have been cut, shredded, sliced, chopped, or torn. The term “leafy greens” includes iceberg lettuce, romaine lettuce, leaf lettuce, butter lettuce, baby leaf lettuce (i.e., immature lettuce or leafy greens), escarole, endive, spring mix, spinach, cabbage, kale, arugula and chard. The term “leafy greens” does not include herbs such as cilantro or parsley. “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. “Department” means the Missouri Department of Health and Senior Services. “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. (1) “Drinking water”, traditionally known as “potable water”, means water which is safe for human consumption in that it is free from impurities in amounts sufficient to cause disease or harmful physiological effects and, for the purpose of this
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Code, must meet the standards of the EPA, Department of Natural Resources or the department prior to serving to the general public. (2) “Drinking water” includes the term “water” except where the term used connotes that the water is not potable, such as “boiler water,” “mop water,” “rainwater,” “wastewater,” and “nondrinking” water. “Dry storage area” means a room or area designated for the storage of packaged or containerized bulk food that is not potentially hazardous and dry goods such as single-service items. Easily Cleanable. (1) “Easily cleanable” means a characteristic of a surface that: (a) Allows effective removal of soil by normal cleaning methods; (b) Is dependent on the material, design, construction, and installation of the
surface; and (c) 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. (2) “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: (a) 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 (b) 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 moveable” means: (1) Portable; mounted on casters, gliders, or rollers; or provided with a mechanical means to safely tilt a unit of equipment for cleaning; and (2) Having no utility connection, a utility connection that disconnects quickly, or a flexible utility connection line of sufficient length to allow the equipment to be moved for cleaning of the equipment and adjacent area. Egg. (1) “Egg” means the shell egg of avian species such as chicken, duck, goose, guinea, quail, ratites or turkey. (2) “Egg” does not include: (a) A balut; (b) The egg of reptile species such as alligator; or (c) An egg product. Egg Product. (1) “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. (2) “Egg product” does not include food, which contains eggs only in a relatively small proportion such as cake mixes. “Employee” means the operator, person in charge, food employee, person having supervisory or management duties, person on the payroll, family member, volunteer,
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person performing work under contractual agreement, or other person working in a food establishment. “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 has the capacity to produce Shiga toxins and to cause attaching and effacing lesions in the intestine. EHEC is a subset of Shiga toxin-producing Escherichia coli (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 toxinproducing E. coli. “EPA” means the U.S. Environmental Protection Agency. Equipment. (1) “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 machine, or warewashing machine. (2) “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. “Exclude” means to prevent a person from working as an employee in a food establishment or entering a food establishment as an employee. Extensive renovation. (1) “Extensive renovation” means a physical change to portions of the food establishment designated for food preparation, food storage, and/or warewashing. Examples include, but are not limited to, building additions, demolition of interior or exterior walls, the addition or removal of hand sinks, three compartment sinks or service sinks. Repair or replacement of broken, dated or worn equipment/items shall not be considered an extensive renovation. (2) “Extensive renovation” means a substantial change in the foods prepared, sold or served as to require additional equipment or different food handling processes or procedures. This includes changing the type of food service operation, such as fast food to full service. “FDA” means the U.S. Food and Drug Administration. Fish. (1) “Fish” means fresh or saltwater finfish, crustaceans 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 such animal life is intended for human consumption. (2) “Fish” includes an edible human food product derived in whole or in part from fish, including fish that have been processed in any manner. “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.
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“Food-contact surface” means: (1) A surface of equipment or a utensil with which food normally comes into contact; or (2) A surface of equipment or a utensil from which food may drain, drip, or splash: (a) Into a food, or (b) Onto a surface normally in contact with food.
“Food employee” means an individual working with unpackaged food, food equipment or utensils, or food-contact surfaces.
Food Establishment. (1) “Food establishment” means an operation that: (a) Stores, prepares, packages, serves, vends food directly to the consumer or otherwise provides food for human consumption such as a restaurant; satellite or catered feeding location; catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people; market; vending location; conveyance used to transport people; institution; or food bank; (b) Relinquishes possession of food to a consumer, directly or indirectly, through a delivery service such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers; and (2) “Food establishment” includes: (a) An element of the operation such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location; and (b) An operation that is conducted in a mobile, stationary, temporary, or permanent facility or location; where consumption is on or off the premises; and regardless of whether there is a charge for the food. (3) “Food establishment” does not include: (a) An establishment that offers only prepackaged foods that are not potentially hazardous foods; (b) A produce stand that only offers whole, uncut fresh fruits and vegetables; (c) A food processing plant; including those that are located on the premises of a food establishment; (d) A kitchen in a private home if only food that is not potentially hazardous food, is prepared for sale or service at a function such as a religious or charitable organization’s bake sale if allowed by law and if the consumer is informed by a clearly visible placard at the sales or service location that the food is prepared in a kitchen that is not subject to regulation and inspection by the regulatory authority; (e) An area where food that is prepared as specified in Subparagraph (3)(d) of this definition is sold or offered for human consumption; (f) A kitchen in a private home, such as a small family day-care provider; or a bed-and-breakfast operation, that prepares and offers food to guests if the home is owner occupied, the number of available guest bedrooms does not exceed four (4), and breakfast is the only meal offered; (g) A private home that receives catered or home-delivered food; or
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(h) Where local codes allow, individual stands in which only foods meeting the following conditions are sold, sampled or served: (i) Non-potentially hazardous processed food, except low acid canned and acidified foods as specified in 21 CFR 113 and 114 respectively, including, but not limited to breads, cookies, fruit pies, jams, jellies, preserves, fruit butters, honey, sorghum, cracked nuts, packaged spices and spice mixes, dry cookie, cake, bread, and soup mixes; (ii) The seller is the individual actually producing the food or an immediate family member residing in the producer’s household with extensive knowledge about the food; (iii)The seller only sells, samples or serves the food directly to the end consumer; (iv)All processed packaged foods bear a label stating the name and address of the manufacturer/processor preparing the food, common name of the food, name of all the ingredients in the food in order of predominance, the net weight of the food in English or metric units, and a statement that the product is prepared in a kitchen that is not subject to inspection by the department. It is recommended that honey manufacturers/processors include this additional statement to their product label: “Honey is not recommended for infants less than twelve (12) months of age”; and (v) The consumer is informed by a clearly visible placard at the sales or service location that the food is prepared in a kitchen that is not subject to inspection by the department if the foods specified in Part 3. H. (I) of this definition, are sold, sampled or served in unpackaged, individual portions. The department shall have the final authority in determining whether a food is non-potentially hazardous and may enjoin individuals who violate the provisions of this subparagraph from selling, sampling or serving these foods.
Food Processing Plant. (1) “Food processing plant” means a commercial operation that manufactures, packages, labels, or stores food for human consumption, and provides food for sale or distribution to other business entities such as food processing plants or food establishments. (2) “Food processing plant” does not include a food establishment.
Game Animal. (1) “Game animal” means an animal, the products of which are food that is not classified as livestock, poultry or fish. (2) “Game animal” includes mammals such as reindeer, deer, antelope, water buffalo, rabbit, squirrel, opossum, raccoon, nutria, or muskrat, and nonaquatic reptiles such as land snakes. (3) “Game animal” does not include ratites, such as ostrich, emu, and rhea.
“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.
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