Management & Personnel
§229.163 Management and Personnel.
(a) Responsibility, assignment.
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.
(b) Knowledge, demonstration.
Based on the risks of foodborne illness 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 Critical Control Point principles, and the requirements of these rules. The person in charge shall demonstrate this knowledge by compliance with these rules, by being a certified food protection manager who has shown proficiency of required information through passing a test that is part of an accredited program, or by responding correctly to the inspector's questions as they relate to the specific food operation. The person in charge may demonstrate such knowledge by:
(1) describing the relationship between the prevention of foodborne disease and the personal hygiene of a food employee;
(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;
(3) describing the symptoms associated with the diseases that are transmissible through food;
(4) explaining the significance of the relationship between maintaining the time and temperature of potentially hazardous food and the prevention of foodborne illness;
(5) explaining the hazards involved in the consumption of raw or undercooked meat, poultry, eggs, and fish;
(6) stating the required food temperatures and times for safe cooking of potentially hazardous food including meat, poultry, eggs, and fish;
(7) stating the required temperatures and times for safe refrigerated storage, hot holding, cooling, and reheating of potentially hazardous food;
(8) describing the relationship between the prevention of foodborne illness and the management and control of the following:
(A) cross-contamination;
(B) hand contact with ready-to-eat foods;
(C) handwashing; and
(D) maintaining the food establishment in a clean condition and in good repair;
(9) explaining the relationship between food safety and providing equipment that is:
(A) sufficient in number and capacity; and
(B) properly designed, constructed, located, installed, operated, maintained, and cleaned;
(10) explaining correct procedures for cleaning and sanitizing utensils and food-contact surfaces of equipment;
(11) 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;
(12) identifying poisonous and 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;
(13) 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 these rules;
(14) explaining the details of how the person in charge and food employees comply with the Hazard Analysis Critical Control Point (HACCP) plan if a plan is required by the law, these rules, or an agreement between the regulatory authority and the establishment; and
(15) explaining the responsibilities, rights, and authorities assigned by these rules to the:
(A) food employee;
(B) person in charge; and
(C) regulatory authority.
(c) Duties, person in charge.
The person in charge shall ensure that:
(1) food establishment operations are not conducted in a private home or in a room used as living or sleeping quarters as specified under §229.167(d)(10) of this title (relating to Physical Facilities);
(2) 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;
(3) employees and other persons such as delivery and maintenance persons and pesticide applicators entering the food preparation, food storage, and warewashing areas comply with these rules;
(4) employees are effectively cleaning their hands, by routinely monitoring the employees' handwashing;
(5) 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, unadulterated, and accurately presented, by routinely monitoring the employees' observations and periodically evaluating foods upon their receipt;
(6) employees are properly cooking potentially hazardous 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;
(7) employees are using proper methods to rapidly cool potentially hazardous foods that are not held hot or are not for consumption within four hours, through daily oversight of the employees' routine monitoring of food temperatures during cooling;
(8) consumers who order raw or partially cooked ready-to-eat foods of animal origin are informed as specified under §229.164(k)(1)(C) and §229.164(r) of this title (relating to Food) that the food is not cooked sufficiently to ensure its safety;
(9) 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, hydrogen ion concentration (pH), temperature, and exposure time for chemical sanitizing;
(10) consumers are notified that clean tableware is to be used when they return to selfservice areas such as salad bars and buffets;
(11) employees are preventing cross-contamination of ready-to-eat food with their bare hands by proper handwashing or the use of suitable utensils such as deli tissue, spatulas, tongs or single-use gloves; and
(12) employees are trained in basic food safety principles.
(d) Disease or medical condition.
(1) Responsibility of the person in charge to require reporting by food employees and applicants to whom a conditional offer of employment is made. The permit holder shall require food employee applicants to whom a conditional offer of employment is made and food 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 applicant to whom a conditional offer of employment is made shall report the information in a manner that allows the person in charge to prevent the likelihood of foodborne disease transmission, including the date of onset of jaundice or of an illness specified in subparagraph (C) of this paragraph, if the food employee or applicant to whom a conditional offer of employment is made:
(A) is diagnosed with an illness due to:
(i) Salmonella typhi;
(ii) Shigella spp.;
(iii) Escherichia coli O157:H7 or other enterohemorrhagic E. coli; or
(iv) hepatitis A virus;
(B) has a symptom caused by illness, infection, or other source that is:
(i) associated with an acute gastrointestinal illness such as:
(I) diarrhea;
(II) fever;
(III) vomiting;
(IV) jaundice; or
(V) sore throat with fever; or
(ii) a lesion containing pus such as a boil or infected wound;
(C) had a past illness within the past three months from an infectious agent specified in subparagraph (A) of this paragraph; or
(D) meets one or more of the following high-risk conditions:
(i) is suspected of causing, or being exposed to, a confirmed disease outbreak caused by S. typhi, Shigella spp., E. coli O157:H7, or hepatitis A virus illness including an outbreak at an event such as a family meal, church supper, or festival because the food employee or applicant to whom a conditional offer of employment is made:
(I) prepared food implicated in the outbreak;
(II) consumed food implicated in the outbreak; or
(III) consumed food at the event prepared by a person who is infected or ill with the infectious agent that caused the outbreak or who is suspected of being a shedder of the infectious agent; or
(ii) lives in the same household as a person who is diagnosed with a disease caused by S. typhi, Shigella spp., E. coli O157:H7, or hepatitis A virus; or
(iii) lives in the same household as a person who attends or works in a setting where there is a confirmed disease outbreak caused by S. typhi, Shigella spp., E. coli O157:H7, or hepatitis A virus.
(2) Exclusions and restrictions. The person in charge shall:
(A) exclude a food employee from a food establishment if the food employee is diagnosed with an infectious agent specified in paragraph (1)(A) of this subsection;
(B) except as specified under subparagraph (C) or (D) of this paragraph, restrict a food employee from working with exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles, in a food establishment if the food employee is:
(i) suffering from a symptom specified in paragraph (1)(B) of this subsection; or
(ii) not experiencing a symptom of acute gastroenteritis specified in paragraph (1)(B)(i) of this subsection but has a stool that yields a specimen culture that is positive for Salmonella typhi, Shigella spp. and E. coli 0157:H7;
(C) if the population served is a highly susceptible population, exclude a food employee who:
(i) is experiencing a symptom of acute gastrointestinal illness specified in paragraph (1)(B)(i) of this subsection and meets a high-risk condition specified in paragraph (1)(D) of this subsection;
(ii) is not experiencing a symptom of acute gastroenteritis specified in paragraph (1)(B)(i) of this subsection but has a stool that yields a specimen culture that is positive for S. typhi, Shigella spp., or Escherichia coli O157:H7;
(iii) had a past illness from S. typhi within the last three months; or
(iv) had a past illness from Shigella spp. or E. coli O157:H7 within the last month; and
(D) for a food employee who is jaundiced:
(i) if the onset of jaundice occurred within the last seven calendar days, exclude the food employee from the food establishment; or
(ii) if the onset of jaundice occurred more than seven calendar days before:
(I) exclude the food employee from a food establishment that serves a highly susceptible population; or
(II) restrict the food employee from activities specified in subparagraph (B) of this paragraph, if the food establishment does not serve a highly susceptible population.
(3) Removal of exclusions and restrictions.
(A) The person in charge may remove an exclusion specified in paragraph (2)(A) of this subsection if:
(i) the person in charge obtains approval from the regulatory authority; and
(ii) the person excluded as specified in paragraph (2)(A) of this subsection provides to the person in charge written medical documentation from a physician licensed to practice medicine that specifies that the excluded person may work in an unrestricted capacity in a food establishment, including an establishment that serves a highly susceptible population, because the person is free of the infectious agent of concern as specified in §229.171(o)(4) of this title (relating to Compliance and Enforcement).
(B) The person in charge may remove a restriction specified in:
(i) paragraph (2)(B)(i) of this subsection if the restricted person:
(I) is free of the symptoms specified in paragraph (1)(B) of this subsection and no foodborne illness occurs that may have been caused by the restricted person;
(II) is suspected of causing foodborne illness but is free of the symptoms specified in paragraph (1)(B) of this subsection, and provides written medical documentation from a physician licensed to practice medicine stating that the restricted person is free of the infectious agent that is suspected of causing the person?s symptoms or causing foodborne illness, as specified in §229.171(o)(4) of this title; or
(III) provides written medical documentation from a physician licensed to practice medicine stating that the symptoms experienced result from a chronic noninfectious condition such as Crohn?s disease, ulcerative colitis or irritable bowel syndrome; or
(ii) paragraph (2)(B)(ii) of this subsection if the restricted person provides written medical documentation from a physician, licensed to practice medicine, according to the criteria specified in §229.171(o)(4) of this title that indicates the stools are free of Salmonella typhi, Shigella spp., E. coli O157:H7, or other enterohemorrhagic E. coli.
(C) The person in charge may remove an exclusion specified in subsection (d)(2)(C) of this section if the excluded person provides written medical documentation from a physician licensed to practice medicine:
(i) that specifies the person is free of:
(I) the infectious agent of concern, as specified in §229.171(o)(4) of this title; or
(II) jaundice as specified under subparagraph (D) of this paragraph if hepatitis A virus is the infectious agent of concern; or
(ii) if the person is excluded under subsection (d)(2)(C)(i) of this section stating that the symptoms experienced result from a chronic noninfectious condition such as Crohn?s disease, irritable bowel syndrome, or ulcerative colitis.
(D) The person in charge may remove an exclusion specified in paragraphs (2)(D)(i) and (2)(D)(ii)(I) of this subsection and a restriction specified in paragraph (2)(D)(ii)(II) of this subsection if:
(i) no foodborne illness occurs that may have been caused by the excluded or restricted person and the person provides written medical documentation from a physician licensed to practice medicine stating that the person is free of hepatitis A virus as specified in §229.171(o)(4) of this title; or
(ii) the excluded or restricted person is suspected of causing foodborne illness and complies with clause (i) of this subparagraph.
(4) Responsibility of a food employee or an applicant to whom a conditional offer of employment is made to report to the person in charge. A food employee or a person to whom a conditional offer of employment is made shall:
(A) in a manner specified in paragraph (1) of this subsection, report to the person in charge the information specified in paragraph (1)(A)-(D) of this subsection; and
(B) comply with exclusions and restrictions that are specified in paragraph (2) of this subsection.
(e) Hands and arms.
(1) Clean condition. Food employees shall keep their hands and exposed portions of their arms clean.
(2) Cleaning procedure. Food employees shall clean their hands and exposed portions of their arms with a cleaning compound in a lavatory that is equipped as specified under §229.166(f)(2)(A) of this title (relating to Water, Plumbing, and Waste) by vigorously rubbing together the surfaces of their lathered hands and arms for at least 20 seconds and thoroughly rinsing with clean water. Employees shall clean the areas underneath the fingernails and between the fingers. Use of automated handwashing equipment acceptable to the regulatory authority can be substituted for the above procedures provided the equipment is installed and operated per the manufacturer?s instructions.
(3) Special handwash procedures. Employees not utilizing suitable utensils or single-use gloves when handling ready-to-eat foods shall wash hands using the cleaning procedure specified in subsection (e)(2) of this section and follow this procedure with use of an approved hand sanitizer, or chemical hand sanitizing solution used as a hand dip.
(4) When to wash. Food employees shall clean their hands and exposed portions of their arms as specified under paragraph (2) of this subsection at the following times:
(A) after touching bare human body parts other than clean hands and clean, exposed portions of arms;
(B) after using the toilet room;
(C) after caring for or handling support animals as allowed under subsection (k)(2) and (3) of this section;
(D) after coughing, sneezing, using a handkerchief or disposable tissue, using tobacco, eating, or drinking;
(E) after handling soiled equipment or utensils;
(F) immediately before engaging in food preparation including working with exposed food, clean equipment and utensils, and unwrapped single-service and single-use articles;
(G) during food preparation, as often as necessary to remove soil and contamination and to prevent cross contamination when changing tasks;
(H) when switching between working with raw foods and working with ready-to-eat foods; or
(I) after engaging in other activities that contaminate the hands.
(5) Where to wash. Food employees shall clean their hands in a handwashing lavatory or automated handwashing equipment and may not clean their hands in a sink used for food preparation, warewashing, or in a service sink or a curbed cleaning facility used for the disposal of mop water and similar liquid waste.
(6) Hand sanitizers.
(A) If used, a hand sanitizer, or a chemical hand sanitizing solution used as a hand dip, shall:
(i) have active antimicrobial ingredients that are:
(I) listed as safe and effective for application to human skin as an antiseptic handwash in a monograph for OTC (over-the-counter) Health-Care Antiseptic Drug Products; or
(II) previously authorized, and listed for such use in the USDA List of Proprietary Substances and Nonfood Compounds, Miscellaneous Publication No. 1419;
(ii) have components that are:
(I) regulated for the intended use as food additives as specified in 21 CFR 178 - Indirect Food Additives: Adjuvants, Production Aids, and Sanitizers; or
(II) generally recognized as safe (GRAS) for the intended use in contact with food within the meaning of the Federal Food, Drug, and Cosmetic Act §201(s); or
(III) exempted from the requirement of being listed in the federal food additive regulations as specified in 21 CFR 170.39 Threshold of Regulation for Substances Used in Food-contact Articles; and (iii) be applied only to hands that are cleaned as specified under subsection (e)(2) and (3) of this section.
(B) If a hand sanitizer or a chemical hand sanitizing solution used as a hand dip does not meet the criteria specified under subparagraph (A)(ii) of this paragraph, use shall be:
(i) followed by thorough hand rinsing in clean water before hand contact with food or by the use of gloves; or
(ii) limited to situations that involve no direct contact with food by the bare hands.
(C) A chemical hand sanitizing solution used as a hand dip shall be maintained clean and at a strength equivalent to at least 100 mg/L chlorine.
(f) Fingernails, maintenance.
Food employees shall keep their fingernails trimmed, filed, and maintained so the edges and surfaces are cleanable and not rough.
(g) Jewelry, prohibition.
While preparing food, food employees may not wear jewelry on their arms and hands. This subsection does not apply to a plain ring such as a band style ring.
(h) Outer clothing, clean condition.
Food employees shall wear clean outer clothing to prevent contamination of food, equipment, utensils, linens, and single-service and single-use articles.
(i) Food contamination prevention.
(1) Eating, drinking, or using tobacco.
(A) Except as specified in subparagraph (B) of this paragraph, 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 cannot result.
(B) A food employee may drink from a nonspillable, closed beverage container if the container is handled to prevent contamination of:
(i) the employee?s hands;
(ii) the container; and
(iii) exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.
(2) 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.
(j) Hair restraints, effectiveness.
(1) Use required. Except as provided under paragraph (2) of this subsection, 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 control and keep their hair from contacting exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.
(2) Exceptions. This section does not apply to food employees such as counter staff who only serve beverages and wrapped or packaged foods; hosts and hostesses; and wait staff if they present a minimal risk of contaminating exposed food, clean equipment, utensils, linens, and unwrapped single-service and single-use articles.
(k) Animals, handling prohibition.
(1) Handling, prohibition. Except as specified in paragraph (2) of this subsection, food employees may not care for or handle animals that may be present such as patrol dogs, support animals, or pets that are allowed under §229.167(p)(15)(B)(ii)-(iv) of this title (relating to Physical Facilities).
(2) Food employees with support animals. Food employees with support animals may handle or care for their support animals if they wash their hands as specified under subsection (e)(2) and (3) and (4)(C) of this section before working with exposed food; clean equipment, utensils, and linens; or unwrapped single-service and single-use articles.
(3) Food employees handling fish, shellfish, crustacea. Food employees handling edible fish in aquariums, shellfish or crustacea in display tanks shall wash their hands before handling exposed food; cleaning equipment, utensils, and linens; or unwrapped single-service and single-use articles.