Guidance on Retail Operations

(A) Caterers. (1) Base of Operations. Each caterer shall have as its base of operations a food establishment that shall comply with the provisions of 105 CMR 590.000, except that a facility holding a permit as a residential kitchen shall not serve as the base of operations for a caterer. (2) Notification. Each caterer shall: (a) Give written notice to the board of health of the city or town in which it plans to serve a meal prior to or within 72 hours after serving any meal elsewhere than in its own food service establishment; and (b) If required by the board of health or its agent, provide the board with a copy of its food service establishment permit prior to serving a meal in a city or town other than the one in which its food service establishment is located. (3) Contract Meals. A retail food establishment that delivers ready-to-eat meals to schools, senior centers and other institutional feeding sites is exempt from licensure as a wholesale food processor under M.G.L. 94, § 305C, if the retail food establishment meets the following criteria: (a) Food is pre-ordered for a single meal; (b) Meals are prepared and delivered for a specific meal, either in individual portions or in bulk portions intended for individual service or resale at a specific meal; (c) Meals are fully cooked or prepared by the food establishment; and (d) Meals are stored and delivered under required temperatures. (B) Mobile Food Operations. (1) Exempt Mobile Food Operations. No permit from the board of health is required if a mobile food operation: (a) Transports only whole, uncut fresh fruits and vegetables, unprocessed honey, pure maple products, or farm fresh eggs which are stored and maintained at 45ºF (7.2ºC) or less; or (b) Transports food as a delivery service such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers or jobbers. (2) Mobile Food Operation Approval. (a) Except as specified 105 CMR 590.010(B)(1), a mobile food operation shall not sell or serve food unless it has been approved to do so and has obtained a valid permit from the board of health. (b) A board of health shall review a permit application for a mobile food operation as specified by administrative guidelines of the Department. The Board may approve an application that conforms with the guidelines and applicable sections of the 2013 Food Code. (c) A permit for a mobile food operation may be issued for a period of time which shall be determined by the board of health, and the permit shall state the inclusive dates, location(s), and any restrictions in the operation allowed. (d) In addition to requirements set forth in FC 8-301.11, the operator of a mobile food operation shall obtain a permit to operate from each board of health in whose jurisdiction he or she sells his or her product. (C) Temporary Food Establishments. (1) Exempt Temporary Food Operations. No permit from the board of health is required if a temporary food establishment only sells whole, uncut fresh fruits and vegetables, unprocessed honey, pure maple products, or farm fresh eggs which are stored and maintained at 45ºF (7.2ºC) or less. (2) Temporary Food Establishment Approval. (a) Except as specified 105 CMR 590.010(C)(1), a temporary food establishment shall not sell or serve food unless it has been approved to do so and has obtained a valid permit from the board of health. (b) A board of health shall review a permit application for a temporary food establishment, as specified by administrative guidelines of the Department. The board may approve an application that conforms with the guidelines and with applicable sections of the 2013 Food Code. (c) A permit for a temporary food establishment may be issued for a period of time, which shall not exceed 14 consecutive days, and the permit shall state the inclusive dates, location, and any restrictions in the operations allowed. (d) In the case of temporary food establishment, all violations shall be corrected within a maximum of 24 hours. If violations are not corrected within the time specified, the board of health or its agent, as determined by the Board, shall order the establishment to cease food operations immediately. (D) Public Markets and Farmer Markets. (1) Exempt Market Operations. No permit from the board of health is required to sell the following products from a public market or farmers market: (a) Whole, uncut fresh fruits and vegetables; (b) Unprocessed honey; (c) Pure maple products; or (d) Farm fresh eggs which are stored and maintained at 45°F (7.2°C) or less. (2) Market Operations Approval. (a) Except as specified 105 CMR 590.010(D)(1), a vendor at a public market or farmers market shall not sell or serve food unless it has been approved to do so and has obtained a valid permit from the board of health. (b) The Department may provide guidance documents to assist with the approval of permit applications. (E) Residential Kitchens: Bed-and-breakfast Operations. (1) Exempt Bed-and-breakfast Operations. No permit from the board of health is required if a bed-and-breakfast operation that prepares and offers food to guests meets the following criteria: (a) The home is owner-occupied; (b) The number of available guest bedrooms does not exceed six; (c) Breakfast is the only meal offered; (d) The number of guests served does not exceed 18; and (e) The consumer is informed by statements contained in published advertisements, mailed brochures, and placards posted at the registration area that the food is prepared in a kitchen that is not regulated and inspected by the board of health. (2) Bed-and-breakfast Approval. (a) Except as specified 105 CMR 590.010(E)(1), a bed-and-breakfast operation shall not sell or serve food unless it has been approved to do so and has obtained a valid permit from the board of health. (b) Bed-and-breakfast operations that require a food establishment permit shall comply with the minimum requirements of 105 CMR 590.010(E), except they shall be exempt from FC 8-2 "Plan Submission and Approval" in which case only an intended menu shall be submitted to the board of health with their application for permit. (c) Bed-and-breakfast operations which require a permit shall be inspected by the board of health upon application for an original permit, within the six months prior to renewal of a permit, and at least once a year for the enforcement of 105 CMR 590.000. (d) Food preparation and protection: Residential kitchens in bed-and-breakfast operations. 1. Food shall be prepared and protected in accordance with 105 CMR 590.000. 2. Food, utensils and equipment shall be stored in a manner to avoid contamination. 3. The following food handling practices for time/temperature control for safety foods are prohibited: cooling and reheating prior to service, hot holding for more than two hours, and service of leftovers. 4. All food temperature requirements shall be met as contained in 105 CMR 590.000. Hot and cold holding equipment shall be provided to maintain time/temperature control for safety foods at temperatures required by 105 CMR 590.000. (F) Residential Kitchens: Cottage Food Operations. (1) Exempt Cottage Food Operations. No permit from the board of health is required if an on-farm or off-farm cottage food operation only sells: (a) Whole, uncut fresh fruits and vegetables; (b) Unprocessed honey; (c) Pure maple products; or (d) Farm fresh eggs which are stored and maintained at 45/F (7.2/C) or less. (2) Cottage Food Operation Approval. (a) Except as specified 105 CMR 590.010(F)(1), a cottage food operation shall not sell or serve food unless it has been approved to do so and has obtained a valid permit from the board of health. (b) A board of health shall review a permit application for a cottage food operation, as specified by administrative guidelines of the Department. The board may approve an application that conforms with the guidelines and with applicable sections of the 2013 Food Code. (G) Schools and USDA Nutrition Programs. (1) Inspection of School Kitchens. Pursuant M.G.L. c. 111, § 223(g), school kitchens shall be inspected in accordance with, and with the frequency required by, state and federal law. Such inspections shall include, but not be limited to, the following: (a) Not less than two routine inspections per year shall be conducted: 1. At least once every six months as required by FC 8-401.10(A); and 2. At least twice during each school year as required by 7 CFR 210.13(b). (b) An additional school kitchen inspection or investigation shall be conducted whenever the FC-regulatory authority: 1. Receives a public complaint about the school kitchen, but this shall not include anycomplaint regarding anyviolation of 105 CMR 225.000: Nutrition Standards for Competitive Foods and Beverages in Public Schools; or 2. Is notified by the permit holder or the Department that food products used at the school kitchen are the subject of a recall notice. (2) Non-traditional School Meal Program Approval. (a) USDA requires all institutions that participate in the National School Lunch Program or School Breakfast Program to obtain two food safety inspections per school year. USDA does not require such meal programs to be licensed, and allows the scope of the food safety inspection to be determined by the board of health. (b) If an institution does not operate a commercial kitchen permitted under 105 CMR 590.000, then the board of health may conduct an alternative inspection such as: 1. Inspecting a residential kitchen in a Residential Child Care Institution for compliance with 105 CMR 410.100: Kitchen Facilities. 2. Inspecting a satellite meal drop-off site in an office building for nuisances under M.G.L. c. 111, § 122. (H) Leased Commercial Kitchens (Shared Kitchen or Incubator). (1) Leased Commercial Kitchens are food preparation facilities that provide kitchen space and access to professional equipment on a lease or rental basis. (2) Required Approvals. (a) The lessor of a Leased Commercial Kitchen shall not rent or share the kitchen unless it has been approved to do so and has obtained a valid permit from the board of health. Each Leased Commercial Kitchen is subject to inspection and enforcement as a retail food establishment. (b) Each lessee of a Leased Commercial Kitchen must obtain a retail or wholesale food permit from the board of health. (I) Innovative Operations. (1) Description. Innovative operations are non-traditional food establishments that are not listed in 105 CMR 590.008(F) (FC 8-304.25(A)(2).) (2) Innovative Operation Approvals. (a) Unless prohibited by 105 CMR 590.000, a board of health may approve a permit for an innovative operation, provided that it is in harmony with the general purpose and intent of 105 CMR 590.000. (b) Each innovative operation permit shall be subject to general or specific provisions set forth by the board of health, which may impose conditions, safeguards and limitations on time or use.