A. 
Person in charge. The permit holder shall be the person in charge or shall designate a person in charge and shall assure that a person in charge is present at the food establishment during all hours of operation.
B. 
Knowledge. Based on the risks of foodborne illness inherent to the food operation, the person in charge shall demonstrate to the regulatory authority knowledge of foodborne disease prevention and the requirements of this code, as it relates to the food operation.
C. 
Responsibility. The person in charge shall assure that all provisions of this code are met and that food is prepared, stored and served in a sanitary manner to safeguard public health and provide to the consumer food that is safe, unadulterated, and honestly presented.
A. 
Reporting by food employees and applicants of diseases or medical conditions. The permit holder shall require food employees and applicants to report information about their health and activities as they relate to diseases that are transmissible through food. A food employee or applicant shall report the information so that the person in charge can prevent the likelihood of foodborne disease transmission. The following are reportable:
(1) 
Diagnoses of an illness due to:
(a) 
Salmonella typhi.
(b) 
Shigella spp.
(c) 
Escherichia coli O157:H7.
(d) 
Hepatitis A virus infection.
(2) 
Symptoms caused by illness, infection, or other source that is:
(a) 
Associated with an acute gastrointestinal illness, such as:
[1] 
Abdominal cramps or discomfort;
[2] 
Diarrhea;
[3] 
Fever;
[4] 
Loss of appetite for three or more consecutive days;
[5] 
Vomiting; or
[6] 
Jaundice; or
(b) 
A pustular lesion such as a boil or infected wound that is open or draining and is:
[1] 
On the hands, wrists, or exposed portions of the arms; or
[2] 
On other parts of the body, unless the lesion is covered by a dry, durable, tight-fitting bandage.
(3) 
A past illness from an infectious agent specified in Subsection A(1) of this section.
(4) 
The employee or applicant meets one or more of the following high-risk conditions:
(a) 
Is suspected of causing, or being exposed to, a confirmed disease outbreak caused by S. typhi, Shigella spp., E. coli O157:H7, or Hepatitis A virus.
(b) 
Lives in the same household as a person who is diagnosed with a disease caused by S. typhi, Shigella spp., E. coli O157:H7, or Hepatitis A virus infection.
(c) 
Lives in the same household as a person who attends or works in a setting where there is a confirmed disease outbreak caused by S. typhi, Shigella spp., E. coli O157:H7, or Hepatitis A virus infection.
(d) 
Traveled out of the country within the last 50 calendar days.
B. 
Exclusions and restrictions. The person in charge shall:
(1) 
Exclude a food employee from a food establishment if the food employee is diagnosed with an infectious agent specified in Subsection A(1).
(2) 
Except as specified under Subsection B(3) of this section, restrict a food employee from working with exposed food, clean equipment, utensils, linens, and other items needing protection if the food employee:
(a) 
Is suffering from a symptom specified in Subsection A(2); or
(b) 
Has a stool that yields a specimen culture that is positive for Salmonella typhi but is unsymptomatic.
(3) 
If the population served is a highly susceptible population, exclude a food employee who:
(a) 
Is experiencing a symptom of acute gastrointestinal illness specified in Subsection A(2)(a) and meets a high-risk condition specified in Subsection A(4);
(b) 
Has a stool that yields a specimen culture that is positive for S. typhi, Shigella spp., or Escherichia coli O157:H7 but is unsymptomatic;
(c) 
Had a past illness from S. typhi within the last three months; or
(d) 
Had a past illness from Shigella spp. or E. coli O157:H7 within the last month.
(4) 
For a food employee or an applicant who is jaundiced:
(a) 
If the onset of jaundice occurred within the last seven calendar days, exclude the food employee or applicant from the food establishment; or
(b) 
If the onset of jaundice occurred more than seven calendar days before:
[1] 
Exclude the food employee or applicant from a food establishment that serves a highly susceptible population; or
[2] 
Restrict the food employee or applicant from working with exposed food, clean equipment, utensils, linens, and other items needing protection if the food establishment does not serve a highly susceptible population.
C. 
Removal of exclusions and restrictions.
(1) 
The person in charge may remove an exclusion specified in Subsection B(1) with approval from the regulatory authority and written medical documentation from a physician that specifies that the excluded person:
(a) 
May work in an unrestricted capacity in a food establishment, including an establishment that serves a highly susceptible population, because the person is free of the infectious agent of concern as specified in 8-501.40; or[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(b) 
May only work in an unrestricted capacity in a food establishment that does not serve a highly susceptible population because the person:
[1] 
Is free of the symptoms specified in Subsection A(2); and
[2] 
Has a stool that yields a specimen culture that is positive for Shigella spp. or Escherichia coli O157:H7.
(2) 
The person in charge may remove a restriction specified in:
(a) 
Subsection B(2)(a) if the restricted person:
[1] 
Is free of the symptoms specified in Subsection A(2) and no foodborne illness occurs that may have been caused by the restricted person.
[2] 
Is suspected of causing foodborne illness but:
[a] 
Is free of the symptoms specified in Subsection A(2); and
[b] 
Provides written medical documentation from a physician stating that the restricted person is free of the infectious agent that is suspected of causing the person's symptoms or causing foodborne illness; or
[c] 
Provides written medical documentation from a physician stating that the symptoms experienced result from a chronic noninfectious condition.
(b) 
Subsection B(2)(b) if the restricted person provides written medical documentation that indicates the stools are free of Salmonella typhi.
(3) 
The person in charge may remove an exclusion specified under Subsection B(3) if the excluded person provides written medical documentation from a physician that the person is free of S. typhi, Shigella spp., E. coli O157:H7, or Hepatitis A virus infection, whichever is the infectious agent of concern.
(4) 
The person in charge may remove an exclusion or restriction specified in Subsection B(4) if:
(a) 
No foodborne illness occurs that may have been caused by the excluded or restricted person and the person:
[1] 
Provides written medical documentation from a physician stating that the person is free of Hepatitis A virus; or
[2] 
Is no longer jaundiced; or
(b) 
The excluded or restricted person is suspected of causing foodborne illness and complies with Subsection C(4)(a)[1] and [2] of this section.
D. 
Reporting to regulatory authority. The person in charge shall notify the regulatory authority of a food employee or applicant who is diagnosed with, or is suspected of having an illness due to, Salmonella typhi, Shigella spp., Escherichia coli O157:H7, or Hepatitis A virus infection.
A. 
Hands. Food employees shall keep their hands and exposed portions of their arms clean.
(1) 
Hand washing procedure. Except as specified under Subsection A(2), food employees shall clean their hands and exposed portions of their arms with a cleaning compound in a lavatory by vigorously rubbing together the surfaces of their lathered hands and arms for at least 20 seconds and thoroughly rinsing with clean water. Employees shall pay particular attention to the areas underneath the fingernails and between the fingers.
(2) 
Special hand washing procedures. After defecating, contacting body fluids and discharges, or handling waste containing fecal matter, body fluids, or body discharges, and before beginning or returning to work, food employees shall wash their hands:
(a) 
Twice, using the cleaning procedure specified in Subsection A(1); and
(b) 
By using a nailbrush during the first washing to clean their fingertips, under their fingernails, and between their fingers.
(3) 
When to wash. Food employees shall wash their hands at the following times:
(a) 
After touching bare human body parts other than clean hands and clean, exposed portions of arms;
(b) 
After using the toilet room;
(c) 
After caring for or handling support animals as allowed under § 335-6D;
(d) 
After coughing, sneezing, using a handkerchief or disposable tissue, using tobacco, eating, or drinking;
(e) 
After handling soiled equipment or utensils;
(f) 
Immediately before engaging in food preparation, including working with exposed food, clean equipment and utensils, and unwrapped single-service and single-use articles;
(g) 
During food preparation, as often as necessary to remove soil and contamination and to prevent cross-contamination when changing tasks;
(h) 
When switching between working with raw foods and working with ready-to-eat foods; or
(i) 
After engaging in other activities that contaminate the hands.
(4) 
Hand sanitizers.
(a) 
An alcohol-based, instant hand sanitizer lotion and a chemical hand sanitizing solution used as a hand dip shall:
[1] 
Consist of, or be made up of, a chemical formulation specifically listed for use as a hand sanitizer. Sanitizing solutions or their components shall be generally recognized as safe.
[2] 
Consist of, or be made up of, a chemical formulation that is not generally recognized as safe or listed for use as a hand sanitizer and:
[a] 
Is followed by thorough hand rinsing in clean water or the use of gloves; or
[b] 
Is used only where there is no direct contact with food by the hands.
[3] 
Be applied only to hands that are cleaned as specified under Subsection A(1) or (2).
(b) 
A chemical hand sanitizing solution used as a hand dip shall be maintained clean and at a strength equivalent to 100 milligrams per liter of chlorine or above.
B. 
Fingernails. Food employees shall keep their fingernails trimmed, filed, and maintained so the edges and surfaces are smooth and cleanable.
C. 
Jewelry. While preparing food, food employees may not wear jewelry on their arms and hands. This section does not apply to a plain ring such as a wedding band.
D. 
Clothing. Food employees shall wear clean outer clothing. When moving from a raw food operation to a ready-to-eat food operation, food employees shall wear a clean outer covering over clothing or change to clean clothing if their clothing is soiled.
A. 
Eating, drinking, or using tobacco.
(1) 
Except as specified in Subsection A(2) of this section, an employee shall not eat, drink, or use any form of tobacco in areas where the contamination of exposed food, clean equipment, utensils, linens, or other items needing protection can result.
(2) 
A food employee may drink from a closed beverage container if the container is handled to prevent contamination of items as indicated in Subsection A(1) of this section.
B. 
Discharges from the eyes, nose, and mouth. Food employees experiencing persistent sneezing, coughing, or a runny nose that causes discharges from the eyes, nose, or mouth may not work with exposed food, clean equipment, utensils, linens, and other items needing protection.
C. 
Hair restraints.
(1) 
Except as provided under Subsection C(2) of this section, food employees shall wear hair restraints, such as hats, hair coverings or nets, beard restraints, and clothing that covers body hair, that are designed and worn to effectively keep their hair from contacting exposed food, clean equipment, utensils, linens, and other items needing protection.
(2) 
This section does not apply to food employees such as counter staff who only serve beverages and wrapped or packaged foods, hostesses, and wait staff if they present a minimal risk of contaminating exposed food, clean equipment, utensils, linens, and other items needing protection.
D. 
Animal handling.
(1) 
Except as specified in Subsection D(2) of this section, food employees may not care for or handle animals that may be present such as patrol dogs, support animals, or pets that are allowed under § 335-34A.
(2) 
Food employees with support animals may care for their support animals if they wash their hands as specified under § 335-5A(2) before working with exposed food, clean equipment, utensils, linens, and other items needing protection.