Management and Personnel

Adopt Chapter 2 "Management and Personnel" of the 2013 Food Code with the following amendments: (A) In FC 2-101.11 Assignment. (1) Paragraph (A) is stricken and replaced by the following: “(A) Except as specified in Paragraph (F) 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 the operation. The owner or person(s) in charge shall designate an alternate person to be in charge at all times when they cannot be present. The alternate, when acting as the person in charge shall be responsible for all duties specified in FC 2-103.11 and must be adequately trained by the person in charge to ensure that the establishment operates in compliance with 105 CMR 590.000. (B) In addition to the provisions in FC 2-101.11(A), each food establishment shall employ at least one person in charge who shall be an on-site manager or supervisor and is 18 years of age or older and who by being a certified food protection manager has shown proficiency of required information through passing a certification examination that is part of an accredited program recognized by the Department. (C) Documentation that at least one person in charge has demonstrated knowledge of food safety as specified in FC 2-101.11(A) shall be prominently posted in the establishment next to the food establishment permit. Such documentation shall be removed when the individual(s) is no longer employed on-site by the establishment. (D) If a person in charge, after attending a training program, fails to pass the certification examination after two attempts, the permit holder mayrequest a variance for this individual based on: (a) Signed documentation from the instructor that the person in charge participated in a food safety training program, provided that the instructor's qualifications and course content meet the standards provided in the Department's Massachusetts Guideline for Training and Testing; and (b) The facility being in full compliance with 105 CMR 590.000. (E) If the person(s) in charge with demonstrated knowledge of food safety is transferred, terminated or terminates employment, the owner or permit holder shall notify the board of health in writing and have 60 days to employ a replacement. The board of health may grant an extension not to exceed an additional 60 days to comply with this requirement if deemed necessary.” (2) Paragraph (B) is relabeled as Paragraph (F). (B) In FC 2-102.11 Demonstration, at the end of Paragraph (B), change the word "or" to "and." (C) In FC 2-102.12 Certified Food Protection Manager, the following is added as paragraph (C): “(C) FC 2-102.12(A) shall not apply to: (a) Temporaryfood establishments operated bynon-profit organizations such as, but not limited to, school sporting events, firemen's picnics, grange and church suppers and fairs; (b) Daycare operations which serve only snacks; (c) Food establishments restricted to the sale of pre-packaged food and limited preparation of non-time/temperature control for safety food and meat and poultry products processed under USDA supervision with a nitrite level of at least 120 PPM and a minimum brine concentration of 3.5%; (d) Satellite feeding sites, which receive prepared meals from commissaries for immediate service; (e) Elderly meal site locations where each Nutrition Project serves congregate meals in compliance with the requirements set forth in 651 CMR 4.00: The State Funded Nutrition Program for Elderly Persons and limits the site supervisors to the preparation of reheating commercially pre-cooked individually quick frozen (IQF) entrees, cooking commercially prepared dry pasta products for immediate service, and preparing salads and/or side dishes from fresh and/or frozen fruits and vegetables for immediate service.” (D) In FC 2-103.11 Person in Charge, in Paragraph (M), the following words are stricken: "Except when APPROVAL is obtained from the REGULATORY AUTHORITY as specified in 3-301.11(E)" (E) In FC 2-201.11 Responsibility of Permit Holder, Person in Charge, and Conditional Employees, the following changes are made: (1) In Paragraph (A)(2), add sentence (g) to read, "Any other disease transmissible through food so designated in 105 CMR 300.000: Reportable Diseases, Surveillance, and Isolation and Quarantine Requirements;” (2) In Paragraph (B)(2), replace the text "(A)(2)(a) through (f)" with "(A)(2)(a) through (g)" (F) In FC 2-201.13 Removal, Adjustment, or Retention of Exclusions and Restrictions, the following changes are made: (1) In Paragraph (A)(2), add sentence (g) to read, "Any other disease transmissible through food so designated in 105 CMR 300.000: Reportable Diseases, Surveillance, and Isolation and Quarantine Requirements.” (2) Rewrite Paragraphs (A)(3)(a) and (b) to read: (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 Subparagraph (E)(1) of this section are met; or (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 Subparagraph (E)(1) of this section are met. (3) Rewrite Paragraphs (A)(4)(a) and (b) to read: (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 Subparagraph (F)(1) of this section are met; or (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 Subparagraph (F)(1) of this section are met. (4) Rewrite Paragraphs (A)(5)(a) and (b) to read: (a) Restrict the food employee, who is asymptomatic until conditions for reinstatement as specified under Subparagraph (G)(1) of this section are met; or (b) Retain the exclusion for the food employee who is symptomatic, until conditions for reinstatement as specified under Paragraph (G)(1) of this section are met. (5) In Paragraph (C)(2), include the following text after "free from Typhoid fever" that states "as designated in 105 CMR 300.000: Reportable Diseases, Surveillance, and Isolation and Quarantine Requirements." (6) In Paragraph (D)(2) and (3), replace the text "more than 48 hours" with "more than 72 hours" in two locations. (7) In Paragraph (E), the entire text of Subparagraphs (2) and (3) is stricken. (8) In Paragraph (F), the entire text of Subparagraphs (2) and (3) is stricken (9) In Paragraph (G), the entire text of Subparagraphs (2) and (3) is stricken (10) In Paragraph (J), the entire text of Subparagraph (4)(f) is stricken. (G) At the end, the following section is added: "2-201.20 Prevention of Foodborne Cases of Viral Gastroenteritis Food handling facility employees who test positive for Norwalk virus, Norwalk-like virus, norovirus, or any other calicivirus shall be excluded from food handling duties for either 72 hours past the resolution of symptoms or 72 hours past the date the positive specimen was provided, whichever occurs last. In outbreak circumstances consistent with Norwalk virus, Norwalk-like virus or other calicivirus infection, affecting patrons or food handlers, food handling facility employees may be required to provide stool specimens for testing."