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U.S. Department of Health and Human Services

Food

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FDA Food Code 2009: Chapter 2 - Management & Personnel

This document also available in Español (Spanish) PDF (242KB).

Parts

  1.  2-1 Supervision
  2.  2-2 Employee Health
  3.  2-3 Personal Cleanliness
  4.  2-4 Hygienic Practices

2-1 Supervision

Subparts

  1.  2-101 Responsibility
  2.  2-102 Knowledge
  3.  2-103 Duties

Responsibility

2-101.11 Assignment.

  1. (A) Except as specified in ¶ (B) of this section, the permit holder shall be the person in charge or shall designate a person in charge and shall ensure that a person in charge is present at the food establishment during all hours of operation.Pf
  2. (B) In a food establishment with two or more separately permitted departments that are the legal responsibility of the same permit holder and that are located on the same premises, the permit holder may, during specific time periods when food is not being prepared, packaged, or served, designate a single person in charge who is present on the premises during all hours of operation, and who is responsible for each separately permitted food establishment on the premises.Pf

Knowledge

2-102.11 Demonstration.

Based on the risks inherent to the food operation, during inspections and upon request the person in charge shall demonstrate to the regulatory authority knowledge of foodborne disease prevention, application of the Hazard Analysis and Critical Control Point principles, and the requirements of this Code. The person in charge shall demonstrate this knowledge by:

  1. (A) Complying with this Code by having no violations of priority items during the current inspection; Pf
  2. (B) Being a certified food protection manager who has shown proficiency of required information through passing a test that is part of an accredited program;Pf or
  3. (C) Responding correctly to the inspector's questions as they relate to the specific food operation. The areas of knowledge include:
    1. (1) Describing the relationship between the prevention of foodborne disease and the personal hygiene of a food employee; Pf
    2. (2) Explaining the responsibility of the person in charge for preventing the transmission of foodborne disease by a food employee who has a disease or medical condition that may cause foodborne disease; Pf
    3. (3) Describing the symptoms associated with the diseases that are transmissible through food; Pf
    4. (4) Explaining the significance of the relationship between maintaining the time and temperature of potentially hazardous food (time/temperature control for safety food) and the prevention of foodborne illness; Pf
    5. (5) Explaining the hazards involved in the consumption of raw or undercooked meat, poultry, eggs, and fish; Pf
    6. (6) Stating the required food temperatures and times for safe cooking of potentially hazardous food (time/temperature control for safety food) including meat, poultry, eggs, and fish; Pf
    7. (7) Stating the required temperatures and times for the safe refrigerated storage, hot holding, cooling, and reheating of potentially hazardous food (time/temperature control for safety food); Pf
    8. (8) Describing the relationship between the prevention of foodborne illness and the management and control of the following:
      1. (a) Cross contamination, Pf
      2. (b) Hand contact with ready-to-eat foods, Pf
      3. (c) Handwashing, Pf and
      4. (d) Maintaining the food establishment in a clean condition and in good repair; Pf
    9. (9) Describing foods identified as major food allergens and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction. Pf
    10. (10) Explaining the relationship between food safety and providing equipment that is:
      1. (a) Sufficient in number and capacity, Pf and
      2. (b) Properly designed, constructed, located, installed, operated, maintained, and cleaned; Pf
    11. (11) Explaining correct procedures for cleaning and sanitizing utensils and food-contact surfaces of equipment; Pf
    12. (12) Identifying the source of water used and measures taken to ensure that it remains protected from contamination such as providing protection from backflow and precluding the creation of cross connections; Pf
    13. (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 law; Pf
    14. (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; Pf
    15. (15) Explaining the details of how the person in charge and food employees comply with the HACCP plan if a plan is required by the law, this Code, or an agreement between the regulatory authority and the food establishment; Pf
    16. (16) Explaining the responsibilities, rights, and authorities assigned by this Code to the:
      1. (a) Food employee, Pf
      2. (b) Conditional employee, Pf
      3. (c) Person in charge, Pf
      4. (d) Regulatory authority; Pf and
    17. (17) Explaining how the person in charge, food employees, and conditional employees comply with reporting responsibilities and exclusion or restriction of food employees. Pf

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 that is evaluated and listed by a Conference for Food Protection-recognized accrediting agency as conforming to the Conference for Food Protection Standards for Accreditation of Food Protection Manager Certification Programs is deemed to comply with ¶ 2-102.11(B).

Duties

2-103.11 Person in Charge.

The person in charge shall ensure that:

  1. (A) Food establishment operations are not conducted in a private home or in a room used as living or sleeping quarters as specified under § 6-202.111; Pf
  2. (B) Persons unnecessary to the food establishment operation are not allowed in the food preparation, food storage, or warewashing areas, except that brief visits and tours may be authorized by the person in charge if steps are taken to ensure that exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles are protected from contamination; Pf
  3. (C) Employees and other persons such as delivery and maintenance persons and pesticide applicators entering the food preparation, food storage, and warewashing areas comply with this Code; Pf
  4. (D) Employees are effectively cleaning their hands, by routinely monitoring the employees' handwashing; Pf
  5. (E) Employees are visibly observing foods as they are received to determine that they are from approved sources, delivered at the required temperatures, protected from contamination, unadultered, and accurately presented, by routinely monitoring the employees' observations and periodically evaluating foods upon their receipt; Pf
  6. (F) Employees are properly cooking potentially hazardous food (time/temperature control for safety food), being particularly careful in cooking those foods known to cause severe foodborne illness and death, such as eggs and comminuted meats, through daily oversight of the employees' routine monitoring of the cooking temperatures using appropriate temperature measuring devices properly scaled and calibrated as specified under § 4-203.11 and ¶ 4-502.11(B); Pf
  7. (G) Employees are using proper methods to rapidly cool potentially hazardous foods (time/temperature control for safety foods) that are not held hot or are not for consumption within 4 hours, through daily oversight of the employees' routine monitoring of food temperatures during cooling; Pf
  8. (H) Consumers who order raw; or partially cooked ready-to-eat foods of animal origin are informed as specified under § 3-603.11 that the food is not cooked sufficiently to ensure its safety; Pf
  9. (I) Employees are properly sanitizing cleaned multiuse equipment and utensils before they are reused, through routine monitoring of solution temperature and exposure time for hot water sanitizing, and chemical concentration, pH, temperature, and exposure time for chemical sanitizing; Pf
  10. (J) Consumers are notified that clean tableware is to be used when they return to self-service areas such as salad bars and buffets as specified under § 3-304.16; Pf
  11. (K) Except when approval is obtained from the regulatory authority as specified in ¶ 3-301.11(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; Pf
  12. (L) Employees are properly trained in food safety, including food allergy awareness, as it relates to their assigned duties; Pf and
  13. (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 ¶ 2-201.11(A). Pf

2-2 Employee Health

 Subpart

  1.  2-201 Responsibilities of Permit Holder, Person in Charge, Food Employees, and Conditional Employees

Responsibilities and Reporting Symptoms and Diagnosis

2-201.11 Responsibility of Permit Holder, Person in Charge, and Conditional Employees.

  1. (A) The permit holder shall require food employees and conditional employees to report to the person in charge information about their health and activities as they relate to diseases that are transmissible through food. A food employee or conditional employee shall report the information in a manner that allows the person in charge to reduce the risk of foodborne disease transmission, including providing necessary additional information, such as the date of onset of symptoms and an illness, or of a diagnosis without symptoms, if the food employee or conditional employee:
    1. reportable symptoms
      (1) Has any of the following symptoms:
      1. (a) Vomiting,P
      2. (b) Diarrhea,P
      3. (c) Jaundice,P
      4. (d) Sore throat with fever,P or
      5. (e) A lesion containing pus such as a boil or infected wound that is open or draining and is:
        1. (i) On the hands or wrists, unless an impermeable cover such as a finger cot or stall protects the lesion and a single-use glove is worn over the impermeable cover,P
        2. (ii) On exposed portions of the arms, unless the lesion is protected by an impermeable cover,P or
        3. (iii) On other parts of the body, unless the lesion is covered by a dry, durable, tight-fitting bandage;Pf
    2. reportable diagnosis
      (2) Has an illness diagnosed by a health practitioner due to:
      1. (a) Norovirus,P
      2. (b) Hepatitis A virus,P
      3. (c) Shigella spp., P
      4. (d) Enterohemorrhagic or Shiga toxin-producing Escherichia coli,P or
      5. (e) Salmonella Typhi;P
    3. reportable past illness
      (3) Had a previous illness, diagnosed by a health practitioner, within the past 3 months due to Salmonella Typhi, without having received antibiotic therapy, as determined by a health practitioner;P
    4. reportable history of exposure
      (4) Has been exposed to, or is the suspected source of, a confirmed disease outbreak, because the food employee or conditional employee consumed or prepared food implicated in the outbreak, or consumed food at an event prepared by a person who is infected or ill with:
      1. (a) Norovirus within the past 48 hours of the last exposure,P
      2. (b) Enterohemorrhagic or Shiga toxin-producing Escherichia coli, or Shigella spp. within the past 3 days of the last exposure,P
      3. (c) Salmonella Typhi within the past 14 days of the last exposure,P or
      4. (d) Hepatitis A virus within the past 30 days of the last exposure;P or
    5. reportable history of exposure
      (5) Has been exposed by attending or working in a setting where there is a confirmed disease outbreak, or living in the same household as, and has knowledge about, an individual who works or attends a setting where there is a confirmed disease outbreak, or living in the same household as, and has knowledge about, an individual diagnosed with an illness caused by:
      1. (a) Norovirus within the past 48 hours of the last exposure,P
      2. (b) Enterohemorrhagic or Shiga toxin-producing Escherichia coli, or Shigella spp. within the past 3 days of the last exposure,P
      3. (c) Salmonella Typhi within the past 14 days of the last exposure,P or
      4. (d) Hepatitis A virus within the past 30 days of the last exposure.P
  2. responsibility of person in charge to notify the regulatory authority
    (B) The person in charge shall notify the regulatory authority when a food employee is:
    1. (1) Jaundiced,Pf or
    2. (2) Diagnosed with an illness due to a pathogen as specified under Subparagraphs (A)(2)(a) - (e) of this section.Pf
  3. responsibility of the person in charge to prohibit a conditional employee from becoming a food employee
    (C) The person in charge shall ensure that a conditional employee:
    1. (1) Who exhibits or reports a symptom, or who reports a diagnosed illness as specified under Subparagraphs (A)(1) - (3) of this section, is prohibited from becoming a food employee until the conditional employee meets the criteria for the specific symptoms or diagnosed illness as specified under § 2-201.13;P and
    2. (2) Who will work as a food employee in a food establishment that serves as a highly susceptible population and reports a history of exposure as specified under Subparagraphs (A)(4) – (5), is prohibited from becoming a food employee until the conditional employee meets the criteria as specified under ¶ 2-201.13(I). P
  4. responsibility of the person in charge to exclude or restrict
    (D) The person in charge shall ensure that a food employee who exhibits or reports a symptom, or who reports a diagnosed illness or a history of exposure as specified under Subparagraphs (A)(1) - (5) of this section is:
    1. (1) Excluded as specified under ¶¶ 2-201.12 (A) - (C), and Subparagraphs (D)(1), (E)(1), (F)(1), or (G)(1) and in compliance with the provisions specified under ¶¶ 2-201.13(A) - (G); P or
    2. (2) Restricted as specified under Subparagraphs 2-201.12 (D)(2), (E)(2), (F)(2), (G)(2), or ¶¶ 2-201.12(H) or (I) and in compliance with the provisions specified under ¶¶ 2-201.13(D) - (I). P
  5. responsibility of food employees and conditional employees to report
    (E) A food employee or conditional employee shall report to the person in charge the information as specified under ¶ (A) of this section.Pf
  6. responsibility of food employees to comply
    (F) A food employee shall:
    1. (1) Comply with an exclusion as specified under ¶¶ 2-201.12(A) - (C) and Subparagraphs 2-201.12(D)(1), (E)(1), (F)(1), or (G)(1) and with the provisions specified under ¶¶ 2-201.13(A) - (G); P or
    2. (2) Comply with a restriction as specified under Subparagraphs 2-201.12(D)(2), (E)(2), (F)(2), (G)(2), or ¶¶ 2-201.12 (H) or (I) and comply with the provisions specified under ¶¶ 2-201.13(D) - (I). P

conditions of exclusion and restriction

2-201.12 Exclusions and Restrictions.

The person in charge shall exclude or restrict a food employee from a food establishment in accordance with the following:

  1. symptomatic with vomiting or diarrhea
    (A) Except when the symptom is from a noninfectious condition, exclude a food employee if the food employee is:
    1. (1) Symptomatic with vomiting or diarrhea;P or
    2. (2) Symptomatic with vomiting or diarrhea and diagnosed with an infection from Norovirus, Shigella spp., or Enterohemorrhagic or Shiga toxin-producing E. coli.P
  2. jaundiced or diagnosed with hepatitis A infection
    (B) Exclude a food employee who is:
    1. (1) Jaundiced and the onset of jaundice occurred within the last 7 calendar days, unless the food employee provides to the person in charge written medical documentation from a health practitioner specifying that the jaundice is not caused by hepatitis A virus or other fecal-orally transmitted infection;P
    2. (2) Diagnosed with an infection from hepatitis A virus within 14 calendar days from the onset of any illness symptoms, or within 7 calendar days of the onset of jaundice;P or
    3. (3) Diagnosed with an infection from hepatitis A virus without developing symptoms.P
  3. diagnosed or reported previous infection due to S. Typhi
    (C) Exclude a food employee who is diagnosed with an infection from Salmonella Typhi, or reports a previous infection with Salmonella Typhi within the past 3 months as specified under Subparagraph 2-201.11(A)(3). P
  4. diagnosed with an asymptomatic infection from Norovirus
    (D) If a food employee is diagnosed with an infection from Norovirus and is asymptomatic:
    1. (1) Exclude the food employee who works in a food establishment serving a highly susceptible population;Por
    2. (2) Restrict the food employee who works in a food establishment not serving a highly susceptible population.P
  5. diagnosed with Shigella spp. infection and asymptomatic
    (E) If a food employee is diagnosed with an infection from Shigella spp. and is asymptomatic:
    1. (1) Exclude the food employee who works in a food establishment serving a highly susceptible population;P or
    2. (2) Restrict the food employee who works in a food establishment not serving a highly susceptible population.P
  6. diagnosed with EHEC or STEC and asymptomatic
    (F) If a food employee is diagnosed with an infection from Enterohemorrhagic or Shiga toxin-producing E. coli, and is asymptomatic:
    1. (1) Exclude the food employee who works in a food establishment serving a highly susceptible population;Por
    2. (2) Restrict the food employee who works in a food establishment not serving a highly susceptible population.P
  7. symptomatic with sore throat with fever
    (G) If a food employee is ill with symptoms of acute onset of sore throat with fever:
    1. (1) Exclude the food employee who works in a food establishment serving a highly susceptible population;Por
    2. (2) Restrict the food employee who works in a food establishment not serving a highly susceptible population.P
  8. symptomatic with uncovered infected wound or pustular boil
    (H) If a food employee is infected with a skin lesion containing pus such as a boil or infected wound that is open or draining and not properly covered as specified under Subparagraph 2-201.11(A)(1)(e), restrict the food employee.P
  9. exposed to foodborne pathogen and works in food establishment serving HSP
    (I) If a food employee is exposed to a foodborne pathogen as specified under Subparagraphs 2-201.11(A)(4) or (5), restrict the food employee who works in a food establishment serving a highly susceptible population.P

Managing Exclusions and Restrictions

2-201.13 Removal, Adjustment, or Retention of Exclusions and Restrictions.

The person in charge shall adhere to the following conditions when removing, adjusting, or retaining the exclusion or restriction of a food employee:

  1. (A) Except when a food employee is diagnosed with an infection from hepatitis A virus or Salmonella Typhi:
    1. removing exclusion for food employee who was symptomatic and not diagnosed
      (1) Reinstate a food employee who was excluded as specified under Subparagraph 2-201.12(A)(1) if the food employee:
      1. (a) Is asymptomatic for at least 24 hours;P or
      2. (b) Provides to the person in charge written medical documentation from a health practitioner that states the symptom is from a noninfectious condition.P
    2. Norovirus diagnosis
      (2) If a food employee was diagnosed with an infection from Norovirus and excluded as specified under Subparagraph 2-201.12(A)(2):
      1. adjusting exclusion for food employee who was symptomatic and is now asymptomatic
        (a) Restrict the food employee, who is asymptomatic for at least 24 hours and works in a food establishment not serving a highly susceptible population, until the conditions for reinstatement as specified under Subparagraphs (D)(1) or (2) of this section are met;P or
      2. retaining exclusion for food employee who was asymptomatic and is now asymptomatic and works in food establishment serving HSP
        (b) Retain the exclusion for the food employee, who is asymptomatic for at least 24 hours and works in a food establishment that serves a highly susceptible population, until the conditions for reinstatement as specified under Subparagraphs (D)(1) or (2) of this section are met.P
    3. Shigella spp. diagnosis
      (3) If a food employee was diagnosed with an infection from Shigella spp. and excluded as specified under Subparagraph 2-201.12(A)(2):
      1. adjusting exclusion for food employee who was symptomatic and is now asymptomatic
        (a) Restrict the food employee, who is asymptomatic for at least 24 hours and works in a food establishment not serving a highly susceptible population, until the conditions for reinstatement as specified under Subparagraphs (E)(1) or (2) of this section are met;P or
      2. retaining exclusion for food employee who was asymptomatic and is now asymptomatic
        (b) Retain the exclusion for the food employee, who is asymptomatic for at least 24 hours and works in a food establishment that serves a highly susceptible population, until the conditions for reinstatement as specified under Subparagraphs (E)(1) or (2) , or (E)(1) and (3)(a) of this section are met.P
    4. EHEC or STEC diagnosis
      (4) If a food employee was diagnosed with an infection from Enterohemorrhagic or Shiga toxin-producing Escherichia coli and excluded as specified under Subparagraph 2-201.12(A)(2):
      1. adjusting exclusion for food employee who was symptomatic and is now asymptomatic
        (a) Restrict the food employee, who is asymptomatic for at least 24 hours and works in a food establishment not serving a highly susceptible population, until the conditions for reinstatement as specified under Subparagraphs (F)(1) or (2) of this section are met;P or
      2. retaining exclusion for food employee who was symptomatic and is now asymptomatic and works in food establishment serving HSP
        (b) Retain the exclusion for the food employee, who is asymptomatic for at least 24 hours and works in a food establishment that serves a highly susceptible population, until the conditions for reinstatement as specified under Subparagraphs (F)(1) or (2) are met.P
  2. hepatitis A virus or jaundice diagnosis - removing exclusions
    (B) Reinstate a food employee who was excluded as specified under ¶ 2-201.12(B) if the person in charge obtains approval from the regulatory authority and one of the following conditions is met;
    1. (1) The food employee has been jaundiced for more than 7 calendar days;P
    2. (2) The anicteric food employee has been symptomatic with symptoms other than jaundice for more than 14 calendar days;P or
    3. (3) The food employee provides to the person in charge written medical documentation from a health practitioner stating that the food employee is free of a hepatitis A virus infection.P
  3. S. Typhi diagnosis - removing exclusions
    (C) Reinstate a food employee who was excluded as specified under ¶ 2-201.12(C) if:
    1. (1) The person in charge obtains approval from the regulatory authority;P and
    2. (2) The food employee provides to the person in charge written medical documentation from a health practitioner that states the food employee is free from S. Typhi infection.P
  4. Norovirus diagnosis - removing exclusion or restriction
    (D) Reinstate a food employee who was excluded as specified under Subparagraphs 2-201.12(A)(2) or (D)(1) who was restricted under Subparagraph 2-201.12(D)(2) if the person in charge obtains approval from the regulatory authority and one of the following conditions is met:
    1. (1) The excluded or restricted food employee provides to the person in charge written medical documentation from a health practitioner stating that the food employee is free of a Norovirus infection;P
    2. (2) The food employee was excluded or restricted after symptoms of vomiting or diarrhea resolved, and more than 48 hours have passed since the food employee became asymptomatic;P or
    3. (3) The food employee was excluded or restricted and did not develop symptoms and more than 48 hours have passed since the food employee was diagnosed.P
  5. Shigella spp. diagnosis - removing exclusion or restriction
    (E) Reinstate a food employee who was excluded as specified under Subparagraphs 2-201.12(A)(2) or (E)(1) or who was restricted under Subparagraph 2-201.12(E)(2) if the person in charge obtains approval from the regulatory authority and one of the following conditions is met:
    1. (1) The excluded or restricted food employee provides to the person in charge written medical documentation from a health practitioner stating that the food employee is free of a Shigella spp. infection based on test results showing 2 consecutive negative stool specimen cultures that are taken:
      1. (a) Not earlier than 48 hours after discontinuance of antibiotics,P and
      2. (b) At least 24 hours apart;P
    2. (2) The food employee was excluded or restricted after symptoms of vomiting or diarrhea resolved, and more than 7 calendar days have passed since the food employee became asymptomatic;P or
    3. (3) The food employee was excluded or restricted and did not develop symptoms and more than 7 calendar days have passed since the food employee was diagnosed.P
  6. EHEC or STEC diagnosis - removing exclusion or restriction
    (F) Reinstate a food employee who was excluded or restricted as specified under Subparagraphs 2-201.12(A)(2) or (F)(1) or who was restricted under Subparagraph 2-201.12(F)(2) if the person in charge obtains approval from the regulatory authority and one of the following conditions is met:
    1. (1) The excluded or restricted food employee provides to the person in charge written medical documentation from a health practitioner stating that the food employee is free of an infection from Enterohemorrhagic or Shiga toxin-producing Escherichia coli based on test results that show 2 consecutive negative stool specimen cultures that are taken:
      1. (a) Not earlier than 48 hours after discontinuance of antibiotics;P and
      2. (b) At least 24 hours apart;P
    2. (2) The food employee was excluded or restricted after symptoms of vomiting or diarrhea resolved and more than 7 calendar days have passed since the food employee became asymptomatic;P or
    3. (3) The food employee was excluded or restricted and did not develop symptoms and more than 7 days have passed since the food employee was diagnosed.P
  7. sore throat with fever - removing exclusion or restriction
    (G) Reinstate a food employee who was excluded or restricted as specified under Subparagraphs 2-201.12(G)(1) or (2) if the food employee provides to the person in charge written medical documentation from a health practitioner stating that the food employee meets one of the following conditions:
    1. (1) Has received antibiotic therapy for Streptococcus pyogenes infection for more than 24 hours;P
    2. (2) Has at least one negative throat specimen culture for Streptococcus pyogenes infection;P or
    3. (3) Is otherwise determined by a health practitioner to be free of a Streptococcus pyogenes infection.P
  8. uncovered infected wound or pustular boil - removing restriction
    (H) Reinstate a food employee who was restricted as specified under ¶ 2-201.12(H) if the skin, infected wound, cut, or pustular boil is properly covered with one of the following:
    1. (1) An impermeable cover such as a finger cot or stall and a single-use glove over the impermeable cover if the infected wound or pustular boil is on the hand, finger, or wrist;P
    2. (2) An impermeable cover on the arm if the infected wound or pustular boil is on the arm;Por
    3. (3) A dry, durable, tight-fitting bandage if the infected wound or pustular boil is on another part of the body.P
  9. exposure to foodborne pathogen and works in food establishment serving HSP – removing restriction
    (I) Reinstate a food employee who was restricted as specified under ¶ 2-201.12(I) and was exposed to one of the following pathogens as specified under Subparagraph 2-201.11(A)(4) or (5):
    1. Norovirus
      (1) Norovirus and one of the following conditions is met:
      1. (a) More than 48 hours have passed since the last day the food employee was potentially exposed;P or
      2. (b) More than 48 hours have passed since the food employee's household contact became asymptomatic.P
    2. Shigella spp., EHEC, or STEC
      (2) Shigella spp. or Enterohemorrhagic or Shiga toxin-producing Escherichia coli and one of the following conditions is met:
      1. (a) More than 3 calendar days have passed since the last day the food employee was potentially exposed;P or
      2. (b) More than 3 calendar days have passed since the food employee's household contact became asymptomatic.P
    3. S. Typhi
      (3) S. Typhi and one of the following conditions is met:
      1. (a) More than 14 calendar days have passed since the last day the food employee was potentially exposed;P or
      2. (b) More than 14 calendar days have passed since the food employee's household contact became asymptomatic.P
    4. hepatitis A
      (4) Hepatitis A virus and one of the following conditions is met:
      1. (a) The food employee is immune to hepatitis A virus infection because of a prior illness from hepatitis A;P
      2. (b) The food employee is immune to hepatitis A virus infection because of vaccination against hepatitis A;P
      3. (c) The food employee is immune to hepatitis A virus infection because of IgG administration;P
      4. (d) More than 30 calendar days have passed since the last day the food employee was potentially exposed;P
      5. (e) More than 30 calendar days have passed since the food employee's household contact became jaundiced;P or
      6. (f) The food employee does not use an alternative procedure that allows bare hand contact with ready-to-eat food until at least 30 days after the potential exposure, as specified in Subparagraphs (I)(4)(d) and (e) of this section, and the food employee receives additional training about:
        1. (i) Hepatitis A symptoms and preventing the transmission of infection,P
        2. (ii) Proper handwashing procedures,P and
        3. (iii) Protecting ready-to-eat food from contamination introduced by bare hand contact.P

2-3 Personal Cleanliness

 Subparts

  1.  2-301 Hands and Arms
  2.  2-302 Fingernails
  3.  2-303 Jewelry
  4.  2-304 Outer Clothing

Hands and Arms

2-301.11 Clean Condition.

Food employees shall keep their hands and exposed portions of their arms clean.P

2-301.12 Cleaning Procedure.

  1. (A) Except as specified in ¶ (D) of this section, food employees shall clean their hands and exposed portions of their arms, including surrogate prosthetic devices for hands or arms for at least 20 seconds, using a cleaning compound in a handwashing sink that is equipped as specified under § 5-202.12 and Subpart 6-301. P
  2. (B) Food employees shall use the following cleaning procedure in the order stated to clean their hands and exposed portions of their arms, including surrogate prosthetic devices for hands and arms:
    1. (1) Rinse under clean, running warm water; P
    2. (2) Apply an amount of cleaning compound recommended by the cleaning compound manufacturer; P
    3. (3) Rub together vigorously for at least 10 to 15 seconds while:
      1. (a) Paying particular attention to removing soil from underneath the fingernails during the cleaning procedure, P and
      2. (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; P
    4. (4) Thoroughly rinse under clean, running warm water; P and
    5. (5) Immediately follow the cleaning procedure with thorough drying using a method as specified under § 6-301.12. P
  3. (C) To avoid recontaminating their hands or surrogate prosthetic devices, food employees may use disposable paper towels or similar clean barriers when touching surfaces such as manually operated faucet handles on a handwashing sink or the handle of a restroom door.
  4. (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.

2-301.13 Special Handwash Procedures.

Reserved.

2-301.14 When to Wash.

Food employees shall clean their hands and exposed portions of their arms as specified under § 2-301.12 immediately before engaging in food preparation including working with exposed food, clean equipment and utensils, and unwrapped single-service and single-use articlesP and:

  1. (A) After touching bare human body parts other than clean hands and clean, exposed portions of arms; P
  2. (B) After using the toilet room; P
  3. (C) After caring for or handling service animals or aquatic animals as specified in ¶ 2-403.11(B); P
  4. (D) Except as specified in ¶ 2-401.11(B), after coughing, sneezing, using a handkerchief or disposable tissue, using tobacco, eating, or drinking; P
  5. (E) After handling soiled equipment or utensils; P
  6. (F) During food preparation, as often as necessary to remove soil and contamination and to prevent cross contamination when changing tasks; P
  7. (G) When switching between working with raw food and working with ready-to-eat food; P
  8. (H) Before donning gloves for working with food; P and
  9. (I) After engaging in other activities that contaminate the hands.P

2-301.15 Where to Wash.

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

2-301.16 Hand Antiseptics.

  1. (A) A hand antiseptic used as a topical application, a hand antiseptic solution used as a hand dip, or a hand antiseptic soap shall:
    1. (1) Comply with one of the following:
      1. (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; Pf or
      2. (b) Have active antimicrobial ingredients that are listed in the FDA monograph for OTC Health-Care Antiseptic Drug Products as an antiseptic handwash, Pf and
    2. (2) Comply with one of the following:
      1. (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;Pf or
      2. (b) Comply with and be listed in:
        1. (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, Pf or
        2. (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, Pf and
    3. (3) Be applied only to hands that are cleaned as specified under § 2-301.12. Pf
  2. (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. (1) Followed by thorough hand rinsing in clean water before hand contact with food or by the use of gloves; Pf or
    2. (2) Limited to situations that involve no direct contact with food by the bare hands. Pf
  3. (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. Pf

Fingernails

2-302.11 Maintenance.

  1. (A) Food employees shall keep their fingernails trimmed, filed, and maintained so the edges and surfaces are cleanable and not rough. Pf
  2. (B) Unless wearing intact gloves in good repair, a food employee may not wear fingernail polish or artificial fingernails when working with exposed food. Pf

Jewelry

2-303.11 Prohibition.

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

Outer Clothing

2-304.11 Clean Condition.

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

2-4 Hygienic Practices

Subparts

  1.  2-401 Food Contamination Prevention
  2.  2-402 Hair Restraints
  3.  2-403 Animals

Food Contamination Prevention

2-401.11 Eating, Drinking, or Using Tobacco.

  1. (A) Except as specified in ¶ (B) of this section, an employee shall eat, drink, or use any form of tobacco only in designated areas where the contamination of exposed food; clean equipment, utensils, and linens; unwrapped single-service and single-use articles; or other items needing protection can not result.
  2. (B) A food employee may drink from a closed beverage container if the container is handled to prevent contamination of:
    1. (1) The employee's hands;
    2. (2) The container; and
    3. (3) Exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.

2-401.12 Discharges from the Eyes, Nose, and Mouth.

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

Hair Restraints

2-402.11 Effectiveness.

  1. (A) Except as provided in ¶ (B) of this section, food employees shall wear hair restraints such as hats, hair coverings or nets, beard restraints, and clothing that covers body hair, that are designed and worn to effectively keep their hair from contacting exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.
  2. (B) This section does not apply to food employees such as counter staff who only serve beverages and wrapped or packaged foods, hostesses, and wait staff if they present a minimal risk of contaminating exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.

Animals

2-403.11 Handling Prohibition.

  1. (A) Except as specified in ¶ (B) of this section, food employees may not care for or handle animals that may be present such as patrol dogs, service animals, or pets that are allowed as specified in Subparagraphs 6-501.115(B)(2)-(5). Pf
  2. (B) Food employees with service animals may handle or care for their service animals and food employees may handle or care for fish in aquariums or molluscan shellfish or crustacea in display tanks if they wash their hands as specified under § 2-301.12 and ¶ 2-301.14(C).