PWDU - FSP Update Dec. 21, 2018

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Partnership and Workforce Development – Food Safety Partnership Update

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Dec. 21, 2018

Note from the editor

The new code requirements for retail food establishments will be effective on Jan. 1, 2019. The final version of the rule is dated 08/29/18 and is posted at Chapter 4626 Food Code – Rough Draft (PDF). This is the final language.

Stick with the Food Safety Partnership of Minnesota 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

  • Sign up to Get Email Updates.
  • Contact your inspector – the Local Book has contact information for all MDH and local agency inspectors.

Past Rules in Brief topics available through our RSS feed include:

We’ll continue to bring you more Rules in Brief topics as we cover all of the 20 Major Changes of Concern to the Minnesota Food Code.

Rules in Brief: Equipment

Ten types of equipment must be certified

Beginning Jan. 1, Minnesota food code will require only the following ten types of food service equipment to be certified or classified for sanitation by an ANSI accredited certification program:

  • Food preparation surfaces including sinks used for food preparation
  • Refrigeration units (such as reach-in and walk-in refrigerators, cold tables, salad bars)
  • Walk-in freezers
  • Hot holding equipment (such as steam tables, soup warmers)
  • Cooking equipment, except for microwave ovens and toasters
  • Sinks used for dishwashing
  • Dishwashing machines
  • Ice machines
  • Mechanical slicers
  • Mechanical tenderizers and grinders

ANSI accreditation

Operators and regulatory authorities look to third-party organizations accredited by the American National Standards Institute (ANSI) to certify that equipment meets uniform standards.

Most common ANSI accredited certification programs

NSF

NSF International (NSF)

ETL

Intertek: Marked "ETL Sanitation."

UL

Underwriters Laboratory (UL): Marked "Classified UL EPH."

CSA

Canadian Standards Associatoin (CSA): Marked "CSA Sanitation to NSF/ANSI."

BISSC

Baking Industry Sanitation Standards Committee (BISSC): Marked "Certified BISSC."

These standards ensure that equipment and utensils are designed and constructed:

  • To be safe, durable and easily cleanable.
  • To maintain their original characteristics over time and with use typical of a retail food establishment.
  • So that it will not break and potentially injure consumers.

Equipment can help control foodborne illness risk factors

Food equipment meeting sanitation standards can help effectively control foodborne illness risk factors and provide critical public health protection.

Proper design and construction can:

  • Prevent harmful substances from entering foods.
  • Help prevent growth and reproduction of disease causing bacteria.
  • Enable effective cleaning and sanitization of food-contact surfaces.
  • Eliminate areas for insects, rodents and disease causing bacteria to hide or live.

Most current equipment that met old requirements is still allowed

If you have equipment that meets standards in the current Minnesota food code (effective through Dec. 31), it most likely meets the requirements effective Jan. 1.

If your establishment is currently exempt from equipment requirements because you serve 10 or fewer individuals in a residential or care facility setting (Minnesota Rules, part 4626.0505 J), you will most likely need to upgrade your equipment. Contact your inspector to discuss options for meeting new equipment requirements effective Jan. 1.

Remember, certification or classification for the specific ten types of equipment is the minimum standard. Other types of equipment exceed the requirements on Jan. 1 if they are certified or classified. You do not need to replace equipment that exceeds the requirements.

For example:

  • If you have a microwave oven bearing a sticker such as NSF or UL, it exceeds the requirements as of Jan. 1. No need to replace.
  • Your food establishment probably currently has NSF handwashing sinks. If so, your sinks exceed the new requirements. No need to replace.

Learn more about equipment requirements


Rules in Brief: Take-home Food Container Reuse

Flexible options for refilling

Beginning Jan. 1, Minnesota food code will provide allowances for refilling returnable take-home food containers with food and beverages.

Changes will allow additional flexibility for consumers and businesses by creating options for refilling take-home food containers. These durable containers will help protect public health because employees will be able to adequately clean and sanitize them before refilling.


Safely refilling with any food or beverage

You can refill a take-home food container at the food establishment with any food or beverage if:

  • The container is designed for reuse and meets Minnesota food code requirements for Food-Contact Surfaces, Equipment and Utensils, and Multiuse Food-Contact Surfaces.
  • The container was initially provided to the consumer by the food establishment and is meant to be refilled.
  • The container is properly cleaned, sanitized and visually inspected by a food employee.

Safely refilling with a non-TCS beverage

You can refill a take-home food container at the food establishment with a beverage that is not a time/temperature control for safety (TCS) beverage if:

  • The design of the container, rinsing equipment and nature of the beverage allow for easy cleaning at home or at the food establishment.
  • Facilities are provided for rinsing returned containers with fresh hot water under pressure that is not recirculated.
  • The container is refilled for the same consumer by a food employee. Or, if the beverage dispensing system is a contamination free process, the owner of the container is allowed to refill.

Safely refilling consumer-owned containers

Consumer-owned beverage containers and vinegar and oil containers can be refilled by employees or the consumer if it is a contamination free process.

There are no restrictions on consumer-owned containers which are refilled at water vending machines or systems.


Learn more about take-home food container reuse

Food Code Fact Sheets Coming Soon!

If you are an advocate for food safety in Minnesota, you probably use food code fact sheets from MDH and Minnesota Department of Agriculture (MDA). We’ve been hard at work updating these handy resources so that when the revised Minnesota food code is effective on Jan. 1, you will still have key food safety resources at your fingertips.

Keep an eye on our Food Business Safety (www.health.state.mn.us/foodbizsafety) website in the New Year for all the latest Food Business Fact Sheets.