410 IAC 7-26-173 Preventing contamination from hands by employees

Sec. 173. (a) Food employees shall wash their hands as specified under section 141 of this rule. (b) Except when washing fruits and vegetables as specified under section 179 of this rule or as specified in subsections (d) and (e), food employees may not contact exposed, ready-to-eat food with their bare hands and shall use suitable utensils, such as: (1) deli tissue; (2) spatulas; (3) tongs; (4) single-use gloves; or (5) dispensing equipment. (c) Food employees shall minimize bare hand and arm contact with exposed food that is not in a ready-to-eat form. (d) Subsection (b) does not apply to a food employee who contacts exposed, ready-to-eat food with bare hands at the time the ready-to-eat food is being added as an ingredient to a food that: (1) contains a raw animal food and is to be cooked in the retail food establishment to heat all parts of the food to the minimum temperatures specified in section 198(a), 198(b), or 199 of this rule; or (2) does not contain a raw animal food, but is to be cooked in the retail food establishment to heat all parts of the food to a temperature of at least one hundred forty-five (145) degrees Fahrenheit, sixty-three (63) degrees Celsius. (e) Food employees not serving a highly susceptible population may contact exposed, ready-to-eat food with their bare hands if [sic] as follows: (1) The owner or operator of a retail food establishment obtains prior approval from the regulatory authority; (2) Written procedures are maintained in the retail food establishment and made available to the regulatory authority upon request that include the following: (A) For each bare hand contact procedure, a listing of the specific ready-to-eat foods touched by bare hands. (B) Diagrams and other information showing that handwashing facilities, installed, located, equipped, and maintained as specified under sections 351, 356, 359, 429, 430, and 432 of this rule are in an easily accessible location and in close proximity to the work station where the bare hand contact procedure is conducted; (3) A written employee health policy is maintained that details how the retail food establishment complies with sections 137, 138, and 139 of this rule, including the following: (A) Documentation that food employees and conditional employees acknowledge that they are informed to report information about their health and activities as they relate to gastrointestinal symptoms and diseases that are transmittable through food as specified under section 137(a) of this rule. (B) Documentation that food employees and conditional employees acknowledge their responsibilities as specified under section 137(e) and 137(f) of this rule. (C) Documentation that the person in charge acknowledges the responsibilities as specified under section 137(b) through 137(d) of this rule, and sections 138 and 139 of this rule; (4) Documentation is maintained that food employees acknowledge that they have received training in all of the following: (A) The risks of contacting the specific ready-to-eat foods with bare hands. (B) Proper handwashing as specified under section 141 of this rule. (C) When to wash their hands as specified under section 142 of this rule. (D) Where to wash their hands as specified under section 143 of this rule. (E) Proper fingernail maintenance as specified under section 145 of this rule. (F) Prohibition of jewelry as specified under section 146 of this rule. (G) Good hygienic practices as specified under sections 148 and 149 of this rule; (5) Documentation is maintained that hands are washed before food preparation and as necessary to prevent cross-contamination by food employees as specified under sections 140, 141, 142, and 143 of this rule during all hours of operation when the specific ready-to-eat foods are prepared; (6) Documentation is maintained that food employees contacting ready-to-eat food with bare hands use at least two (2) of the following control measures to provide additional safeguards to hazards associated with bare hand contact: (A) Double handwashing. (B) Nail brushes. (C) A hand antiseptic after handwashing as specified under section 144 of this rule. (D) Incentive programs, such as paid sick leave, that assist or encourage food employees not to work when they are ill. (E) Other control measures approved by the department; and [sic] (7) Documentation is maintained that corrective action is taken when subsection (e)(1) through (e)(6) is [subdivisions (1) through (6) are] not followed. (f) For purposes of this section, a violation of subsection (b) is a P item. (g) For purposes of this section, a violation of subsection (c) is a PF item. (h) For purposes of this section, a violation subsection (a) is a core item.