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Nov. 1, 2018
For the first time since 1998, Minnesota will have a new state-wide rule for retail food establishment operations. The new code requirements for retail food establishments will be effective on Jan. 1, 2019.
Over the next few months, the Food Safety Partnership of Minnesota will be your source to learn about:
- What is changing?
- How does the new rule protect the public’s health?
- How can retail food establishment operators meet the requirements?
Two ways for you to stay in the loop
Upcoming Email Updates from the Partnership and Workforce Development Unit and Food Safety Partnership will include Rules in Brief. Rules in Brief will give you key information about the 20 Major Changes of Concern to the Minnesota Food Code.
Past topics available through our RSS feed include:
Sarah and the PWDU team
Highly susceptible population defined
The Minnesota food code effective Jan. 1, 2019 includes the new term: highly susceptible population. The term identifies both who they are and where they are.
A highly susceptible population means persons who are more likely than others in the general population to experience foodborne disease because they are:
- Immunocompromised
- Preschool-age children, or older adults
AND
- They obtain food at a facility that provides services such as:
- Custodial care
- Health care
- Nutritional services
- Socialization services (e.g., senior center)
Special food safety precautions protect those most at risk for foodborne illness
Because highly susceptible populations include persons who are immunocompromised, the very young and the elderly, establishments serving these populations must meet more stringent food safety requirements.
The Minnesota food code effective Jan. 1 includes:
Restrictions
The following are never allowed in an establishment that serves a highly susceptible population:
- Bare hand contact with ready-to-eat food.
- Using a consumer advisory instead of cooking foods to proper temperatures and times.
- Serving or selling raw animal food, partially cooked animal food or raw seed spouts.
- Using time as a public health control for raw eggs.
- Re-serving food from patients under certain conditions.
Limitations – Juice
For the purposes of juice, a highly susceptible population includes children age nine or less that receive food in a school, day care setting, or place that provides custodial care. These establishments cannot serve or sell prepackaged, unpasteurized juice or unpasteurized beverages containing juice.
If you prepare unpackaged juice on site, and your establishment serves a highly susceptible population, Minnesota food code will require you to have an approved Hazard Analysis Critical Control Point (HACCP) plan.
Limitations – Eggs
Pasteurized eggs or egg products must be substituted for raw eggs:
- In recipes when more than one egg is broken, combined, and not cooked, baked, or used immediately.
- When preparing food containing uncooked or lightly cooked egg.
Raw eggs may be used in one customer’s serving at a single meal if the eggs are combined, cooked and served immediately. Examples include omelets, soufflés, or scrambled eggs.
Raw eggs may be used in baked goods that are thoroughly cooked if the eggs are combined as an ingredient immediately before baking. Examples include cakes, muffins, or breads.
If you prepare food using raw unpasteurized eggs that are combined and not used immediately, Minnesota food code will require you to have an approved HACCP plan.
Facilities providing care are often serving a highly susceptible population
Remember, Minnesota food code regulations about highly susceptible populations include both who they are and where they are. These requirements apply to retail food establishments such as facilities that provide services such as:
- Custodial health care
- Day care centers
- Kidney dialysis centers
- Hospitals or nursing homes
Retail food establishments serving the general public are not considered to be serving a highly susceptible population, even when a young child, older adult or immunocompromised individual is a customer. For example, when a cancer patient eats at a restaurant with his family, that establishment does not need to comply with requirements specific to highly susceptible populations in Minnesota food code.
Learn more about how to meet highly susceptible population requirements
Minnesota food code requirements about highly susceptible populations are complex. If your establishment serves a highly susceptible population, you may want to learn more about how to meet the requirements. You can:
- Contact your inspector for help with HACCP plan requirements for food establishments serving highly susceptible populations – the Local Book has contact information for all MDH and local agency inspectors.
- Watch the Food Safety Partnership recording – Highly Susceptible Populations starts at the 49-minute mark.
- Read the code – search the PDF of the rule language for “highly susceptible” to find the various parts that apply.
Inform consumers of potential health risks
Beginning Jan. 1, retail food establishments who serve or sell raw or undercooked animal food will need to use a consumer advisory. Minnesota food code specifies how to inform consumers of potential health risks from eating raw or undercooked animal food.
Consumers are empowered to make an informed choice
Because the consumer advisory raises awareness of the increased risk of foodborne illness after eating raw or undercooked meat, poultry, seafood, shellfish or eggs, consumers are empowered to make an informed choice about the food that they eat.
Consumer advisory includes both disclosure and reminder
Retail food establishments serving raw or undercooked meat, fish, dairy, and eggs need to notify consumers about the significantly increased risk of foodborne illness using both a disclosure and a reminder.
A disclosure clearly identifies the raw or undercooked animal food or item that contains a raw or undercooked ingredient. The disclosure can be:
OR
- Identification by asterisking to footnote
A reminder states that eating raw or undercooked food is associated with increased risk of foodborne illness. Footnote wordage is specific, one of three ways. See the Consumer advisory examples, below.
Consumer advisory must be written
Both disclosure and reminder must be in writing. You have several options:
- Brochures
- Deli case or menu advisories
- Label statements
- Table tents
- Placards
- Other effective means
Learn more about how to meet consumer advisory requirements
If your menu includes steak tartare, hamburgers or eggs cooked to order, sushi, cold smoked fish, shellfish or other raw or undercooked animal foods, you may want to learn more about how to meet the requirements. You can:
- Contact your inspector to ensure you are using an appropriate consumer advisory – the Local Book has contact information for all MDH and local agency inspectors.
- Watch the Food Safety Partnership recording – Consumer Advisory starts at the 54-minute mark.
- Read the code – search the PDF of the rule language for “consumer advisory” to find the various parts that apply.
Consumer advisory examples
Consumer advisory example 1
In example 1, the descriptions "raw" and "cooked to order" are the disclosure; the footnote is the reminder.
Consumer advisory example 2
In example 2, the asterisk by each raw or undercooked menu item directs the consumer to the footnote containing both the disclosure and the reminder.
Consumer advisory example 3
In example 3, one menu item uses a description as the disclosure ("Ceviche (raw fish)"). The asterisk by each raw or undercooked menu item directs the consumer to the footnote containing the disclosure for items not described above and the reminder for all items.
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