
Effective Date
July 1, 2007
FOOD ESTABLISHMENTS IN NEBRASKA
Including the
FOOD CODE
as adopted by reference pursuant to
Nebraska Revised Statutes, section 81-2,257.01
and
selected sections of the
NEBRASKA PURE FOOD ACT
Nebraska Revised Statutes, section 81-2,239, et seq.
The Food Code is taken from the 2005 Recommendations of the United States Public Health Service, Food and Drug Administration. The Code sections are designated by the number 1-101.10 to 8-501.40
The sections taken from the Pure Food Act are designated by the numbers 81-2,272.02 to 81-2,292.
Chapter 1 - Purpose and Definitions
Chapter 2 - Management and Personnel
Chapter 3 - Food
Chapter 4 - Equipment, Utensils, and Linens
Chapter 5 - Water, Plumbing, and Waste
Chapter 6 - Physical Facilities
Chapter 7 - Poisonous or Toxic Materials
Chapter 8 - Compliance and Enforcement
Title
Intent
Scope
Applicability and Terms Defined
(B) Terms Defined. As used in this Code, each of the terms listed in ¶ 1-
201.10(B) shall have the meaning stated below.
(2) "Accredited program" refers to the certification process and is a designation based
upon an independent evaluation of factors such as the sponsor's mission; organizational
structure; staff resources; revenue sources; policies; public information regarding
program scope, eligibility requirements, re-certification, discipline and grievance
procedures; and test development and administration.
(3) "Accredited program" does not refer to training functions or educational programs.
(2) "Color additive" has the meaning stated in the Federal Food, Drug, and Cosmetic
Act, § 201(t) and 21 CFR 70.3(f).
"Approved" means acceptable to the regulatory authority based on a determination of
conformity with principles, practices, and generally recognized standards that protect
public health.
Asymptomatic.
(2) "Asymptomatic" includes not showing symptoms because symptoms have resolved
or subsided, or because symptoms never manifested.
"Balut" means an embryo inside a fertile egg that has been incubated for a period
sufficient for the embryo to reach a specific stage of development after which it is
removed from incubation before hatching.
"Beverage" means a liquid for drinking, including water.
"Bottled drinking water" means water that is sealed in bottles, packages, or other
containers and offered for sale for human consumption, including bottled mineral water.
"Casing" means a tubular container for sausage products made of either natural or
artificial (synthetic) material.
81-2,242.01. "Caterer" shall mean a person in the business of providing food to a
customer for parties, banquets, or other similar functions at a location owned, rented, or
otherwise controlled by the customer.
"Certification number" means a unique combination of letters and numbers assigned by
a shellfish control authority to a molluscan shellfish dealer according to the provisions of
the National Shellfish Sanitation Program.
"CFR" means Code of Federal Regulations. Citations in this Code to the CFR refer
sequentially to the Title, Part, and Section numbers, such as 40 CFR 180.194 refers to
Title 40, Part 180, Section 194.
CIP.
(2) "CIP" does not include the cleaning of equipment such as band saws, slicers, or
mixers that are subjected to in-place manual cleaning without the use of a CIP system.
"Commingle" means:
(2) To combine shucked shellfish from containers with different container codes
or different shucking dates.
(2) "Comminuted" includes fish or meat products that are reduced in size and
restructured or reformulated such as gefilte fish, gyros, ground beef, and sausage; and
a mixture of 2 or more types of meat that have been reduced in size and combined,
such as sausages made from 2 or more meats.
"Conditional employee" means a potential food employee to whom a job offer is made,
conditional on responses to subsequent medical questions or examinations designed to
identify potential food employees who may be suffering from a disease that can be
transmitted through food and done in compliance with Title 1 of the Americans with
Disabilities Act of 1990.
"Confirmed disease outbreak" means a foodborne disease outbreak in which laboratory
analysis of appropriate specimens identifies a causative agent and epidemiological
analysis implicates the food as the source of the illness.
"Consumer" means a person who is a member of the public, takes possession of food,
is not functioning in the capacity of an operator of a food establishment or food
processing plant, and does not offer the food for resale.
81-2,242.03. "Convenience store" shall mean a food establishment or section of an
establishment where the food offered to the consumer is intended for off-premise
consumption and there are no meat processing or produce processing areas.
"Corrosion-resistant material" means a material that maintains acceptable surface
cleanability characteristics under prolonged influence of the food to be contacted, the
normal use of cleaning compounds and sanitizing solutions, and other conditions of the
use environment.
"Counter-mounted equipment" means equipment that is not portable and is designed to
be mounted off the floor on a table, counter, or shelf.
"Critical control point" means a point or procedure in a specific food system where loss
of control may result in an unacceptable health risk.
Critical Item.
(2) "Critical item" is an item that is denoted in this Code with an asterisk *.
"Disclosure" means a written statement that clearly identifies the animal-derived
foods which are, or can be ordered, raw, undercooked, or without otherwise being
processed to eliminate pathogens, or items that contain an ingredient that is raw,
undercooked, or without otherwise being processed to eliminate pathogens.
Drinking Water.
(2) "Drinking water" is traditionally known as "potable water."
(3) "Drinking water" includes the term "water" except where the term used connotes
that the water is not potable, such as "boiler water," "mop water," "rainwater,"
"wastewater," and "nondrinking" water.
Easily Cleanable.
(b) Is dependent on the material, design, construction, and installation of the surface;
and
(c) Varies with the likelihood of the surface's role in introducing pathogenic or toxigenic
agents or other contaminants into food based on the surface's approved placement,
purpose, and use.
(b) The need for a different degree of cleanability for a utilitarian attachment or
accessory in the kitchen as opposed to a decorative attachment or accessory in the
consumer dining area.
(2) Having no utility connection, a utility connection that disconnects quickly, or a
flexible utility connection line of sufficient length to allow the equipment to be moved for
cleaning of the equipment and adjacent area.
(2) "Egg" does not include:
(b) The egg of reptile species such as alligator; or
(c) An egg product.
(2) "Egg Product" does not include food which contains eggs only in a relatively small
proportion such as cake mixes.
"Enterohemorrhagic Escherichia coli" (EHEC) means E. coli which cause hemorrhagic
colitis, meaning bleeding enterically or bleeding from the intestine. The term is typically
used in association with E. coli that have the capacity to produce Shiga toxins and to
cause attaching and effacing lesions in the intestine. EHEC is a subset of STEC, who
members produce additional virulence factors. Infections with EHEC may be
asymptomatic but are classically associated with bloody diarrhea (hemorrhagic colitis)
and hemolytic uremic syndrome (HUS) or thrombotic thrombocytopenic purpura (TTP).
Examples of serotypes of EHEC include: E. coli O157:H7; E. coli O157:NM; E. coli
026:H11; E.coli 0145:NM; E. coli O103:H2; or E.coli O111:NM. Also see Shiga
Toxin-Producing E. coli.
"EPA" means the U.S. Environmental Protection Agency.
Equipment.
(2) "Equipment" does not include apparatuses used for handling or storing large
quantities of packaged foods that are received from a supplier in a cased or
overwrapped lot, such as hand trucks, forklifts, dollies, pallets, racks, and skids.
"FDA" means the U.S. Food and Drug Administration.
Fish.
(2) "Fish" includes an edible human food product derived in whole or in part from fish,
including fish that have been processed in any manner.
"Foodborne disease outbreak" means the occurrence of two or more cases of a similar
illness resulting from the ingestion of a common food.
"Food-contact surface" means:
(2) A surface of equipment or a utensil from which food may drain, drip, or splash:
(b) Onto a surface normally in contact with food.
81-2,245.01. "Food establishment" shall mean an operation that stores, prepares,
packages, serves, vends, or otherwise provides food for human consumption. The term
does not include:
(2) A produce stand that only offers whole, uncut fresh fruits and vegetables;
(3) A food processing plant;
(4) A salvage operation;
(5) A private home where food is prepared or served for personal use, a small day care
in the home, or a hunting lodge, guest ranch, or other operation where no more than ten
paying guests eat meals in the home;
(6) A private home or other area where food that is not potentially hazardous food is
prepared: (a) For sale or service at a religious, charitable, or fraternal organization's
bake sale or similar function; or (b) for sale directly to the consumer at a farmers market
if the consumer is informed by a clearly visible placard at the sale location that the food
was prepared in a kitchen that is not subject to regulation and inspection by the
regulatory authority;
(7) A private home or other area where food is prepared for distribution at a fundraising
event for a charitable purpose if the consumer is informed by a clearly visible placard at
the serving location that the food was prepared in a kitchen that is not subject to
regulation and inspection by the regulatory authority. This subdivision does not apply to
a caterer or other establishment providing food for the event if the caterer or
establishment receives compensation for providing the food;
(8) The location where food prepared by a caterer is served so long as the caterer only
minimally handles the food at the serving location;
(9) Educational institutions, health care facilities, nursing homes, and governmental
organizations which are inspected by a state agency or a political subdivision other than
the regulatory authority for sanitation in the food preparation area;
(10) A pharmacy as defined in section 71-425 if the pharmacy only sells prepackaged
pharmaceutical, medicinal, or health supplement foods that are not potentially
hazardous or foods described in subdivision (1) of this section; and
(11) An establishment which is not a commercial food establishment and which sells
only commercially packaged foods that are not potentially hazardous foods.
Game Animal.
(2) "Game animal" includes mammals such as reindeer, elk, deer, antelope, water
buffalo, bison, rabbit, squirrel, opossum, raccoon, nutria, or muskrat, and nonaquatic
reptiles such as land snakes.
(3) "Game animal" does not include ratites.
"Grade A standards" means the requirements of the United States Public Health
Service/FDA "Grade A Pasteurized Milk Ordinance" with which certain fluid and dry milk
and milk products comply.
"HACCP plan" means a written document that delineates the formal procedures for
following the Hazard Analysis Critical Control Point principles developed by The
National Advisory Committee on Microbiological Criteria for Foods.
Handwashing Sink.
(2) "Handwashing sink" includes an automatic handwashing facility.
"Health practitioner" means a physician licensed to practice medicine, or if allowed by
law, a nurse practitioner, physician assistant, or similar medical professional.
"Hermetically sealed container" means a container that is designed and intended to be
secure against the entry of microorganisms and, in the case of low acid canned foods,
to maintain the commercial sterility of its contents after processing.
"Highly susceptible population" means persons who are more likely than other people in
the general population to experience foodborne disease because they are:
(2) Obtaining food at a facility that provides services such as custodial care, health care,
or assisted living, such as a child or adult day care center, kidney dialysis center,
hospital or nursing home, or nutritional or socialization services such as a senior center.
(2) The nature, severity, and duration of the anticipated injury.
81-2,248. "Itinerant Food Vendor" shall mean a person that sells prepackaged,
potentially hazardous food from an approved source at a nonpermanent location such
as a farmers market, craft show, or county fair.
Juice.
(2) "Juice" does not include, for purposes of HACCP, liquids, purées, or
concentrates that are not used as beverages or ingredients of beverages.
"Law" means applicable local, state, and federal statutes, regulations, and ordinances.
81-2,251.02. "Licensed beverage establishment" shall mean an establishment that
serves alcoholic beverages and may or may not provide limited food service.
81-2,251.03. "Limited food service establishment" shall mean an establishment that
serves or otherwise provides only snack items or commercially prepared and wrapped
foods that require little or no preparation.
81-2,251.01. "Limited food vending machine" shall mean a vending machine which does
not dispense potentially hazardous food.
"Linens" means fabric items such as cloth hampers, cloth napkins, table cloths, wiping
cloths, and work garments including cloth gloves.
Major Food Allergen.
(b) A food ingredient that contains protein derived from a food, as specified in
Subparagraph (1)(a) of this definition.
(b) Any ingredient that is exempt under the petition or notification process specified in
the Food Allergen Labeling and Consumer Protection Act of 2004 (Public Law 108-282).
"mg/L" means milligrams per liter, which is the metric equivalent of parts per million
(ppm).
81-2,251.04. "Mobile food unit" shall mean a vehicle mounted food establishment
designed to be readily movable that returns to a commissary daily for cleanup and
service.
"Molluscan shellfish" means any edible species of fresh or frozen oysters, clams,
mussels, and scallops or edible portions thereof, except when the scallop product
consists only of the shucked adductor muscle.
Packaged.
(2) "Packaged" does not include a wrapper, carry-out box, or other nondurable
container used to containerize food with the purpose of facilitating food protection during
service and receipt of the food by the consumer.
"Permit holder" means the entity that:
(2) Possesses a valid permit to operate a food establishment.
81-2,251.05 "Person in charge" shall mean the individual who is responsible for the
operation of the food establishment and who is present at the establishment or is readily
accessible to communicate with employees and the regulatory authority.
Personal Care Items.
(2) "Personal care items" include items such as medicines; first aid supplies; and other
items such as cosmetics, and toiletries such as toothpaste and mouthwash.
"Plumbing fixture" means a receptacle or device that:
(2) Discharges used water, waste materials, or sewage directly or indirectly to the
drainage system of the premises.
"Poisonous or toxic materials" means substances that are not intended for ingestion and
are included in 4 categories:
(2) Pesticides, except sanitizers, which include substances such as insecticides and
rodenticides;
(3) Substances necessary for the operation and maintenance of the establishment
such as nonfood grade lubricants and personal care items that may be deleterious to
health; and
(4) Substances that are not necessary for the operation and maintenance of the
establishment and are on the premises for retail sale, such as petroleum products and
paints.
(2) "Potentially hazardous food (time/temperature control for safety food)" includes:
(b) Except as specified in Subparagraph (3)(d) of this definition, a food that because of
the interaction of its Aw and pH values is designated as Product
Assessment Required (PA) in Table A or B of this definition:
(b) A food in an unopened hermetically sealed container that is commercially
processed to achieve and maintain commercial sterility under conditions of non-
refrigerated storage and distribution;
(c) A food that because of its pH or Aw value, or interaction of
Aw and pH values, is designated as a non-PHF/non-TCS food in Table A
or B of this definition;
(d) A food that is designated as Product Assessment Required (PA) in Table A or B of
this definition and has undergone a Product Assessment showing that the growth or
toxin formation of pathogenic microorganisms that are reasonably likely to occur in that
food is precluded due to:
(ii) Extrinsic factors including environmental or operational factors that affect the food
such as packaging, modified atmosphere such as reduced oxygen packaging, shelf life
and use, or temperature range of storage and use, or
(iii) A combination of intrinsic and extrinsic factors; or
(2) Any migratory waterfowl or game bird, pheasant, partridge, quail, grouse, or
pigeon, whether live or dead, as defined in 9 CFR 362.1 Voluntary Poultry Inspection
Regulations, Definitions.
(2) The physical facility, its contents, and the land or property not described under
Subparagraph (1) of this definition if its facilities and contents are under the control of
the permit holder and may impact food establishment personnel, facilities, or operations,
and a food establishment is only one component of a larger operation such as a health
care facility, hotel, motel, school, recreational camp, or prison.
"Public water system" has the meaning stated in 40 CFR 141 National Primary Drinking
Water Regulations.
81-2,251.06. "Pushcart" shall mean a non-self-propelled vehicle limited to serving food
which is not potentially hazardous or commissary wrapped food maintained at
temperatures in compliance with the Nebraska Pure Food Act or limited to the
preparation and serving of frankfurters.
"Ratite" means a flightless bird such as an emu, ostrich, or rhea.
Ready-to-Eat Food.
(b) Is a raw or partially cooked animal food and the consumer is advised as specified
under Subparagraphs 3-401.11(D)(1) and (2); or
(c) Is prepared in accordance with a variance that is granted as specified in
Subparagraphs 3-401.11(D)(1) and (3); and
(d) May receive additional preparation for palatability or aesthetic, epicurean,
gastronomic, or culinary purposes.
(b) Raw fruits and vegetables that are washed as specified under §3-302.15;
(c) Fruits and vegetables that are cooked for hot holding, as specified under
§3-401.13;
(d) All potentially hazardous food (time/temperature control for safety food) that is
cooked to the temperature and time required for the specific food under Subpart 3-401
and cooled as specified under §3-501.14;
(e) Plant food for which further washing, cooking, or other processing is not required for
food safety, and from which rinds, peels, husks, or shells, if naturally present are
removed;
(f) Substances derived from plants such as spices, seasonings, and sugar;
(g) A bakery item such as bread, cakes, pies, fillings, or icing for which further cooking
is not required for food safety;
(h) The following products that are produced in accordance with USDA guidelines and
that have received a lethality treatment for pathogens: dry, fermented sausages, such
as dry salami or pepperoni; salt-cured meat and poultry products, such as prosciutto
ham, country cured ham, and Parma ham; and dried meat and poultry products, such
as jerky or beef sticks; and
(i) Foods manufactured as specified in 21 CFR Part 113, Thermally Processed
Low-Acid Foods Packaged in Hermetically Sealed Containers.
(b) A process as specified in Subparagraph (1)(a) of this definition that involves a food
for which the hazards Clostridium botulinum or Listeria monocytogenes require control
in the final packaged form.
(b) Modified atmosphere packaging, in which the atmosphere of a package of food is
modified so that its composition is different from air but the atmosphere may change
over time due to the permeability of the packaging material or the respiration of the
food. Modified atmosphere packaging includes reduction in the proportion of oxygen,
total replacement of oxygen, or an increase in the proportion of other gases such as
carbon dioxide or nitrogen;
(c) Controlled atmosphere packaging, in which the atmosphere of a package of food is
modified so that until the package is opened, its composition is different from air, and
continuous control of that atmosphere is maintained, such as by using oxygen
scavengers or a combination of total replacement of oxygen, nonrespiring food, and
impermeable packaging material;
(d) Cook chill packaging, in which cooked food is hot filled into impermeable bags
which have the air expelled and are then sealed or crimpled closed. The bagged food is
rapidly chilled and refrigerated at temperatures that inhibit the growth of psychotrophic
pathogens; or
(e) Sous vide packaging, in which raw or partially cooked food is placed in a
hermetically sealed, impermeable bag, cooked in the bag, rapidly chilled, and
refrigerated at temperatures that inhibit the growth of psychotrophic pathogens.
81-2,252 "Regulatory authority" shall mean the department or a political subdivision or
state agency under contract with the department to perform regulatory functions
authorized pursuant to the Nebraska Pure Food Act.
"Reminder" means a written statement concerning the health risk of consuming animal
foods raw, undercooked, or without otherwise being processed to eliminate pathogens.
"Re-service" means the transfer of food that is unused and returned by a consumer after
being served or sold and in the possession of the consumer, to another person.
"Restrict" means to limit the activities of a food employee so that there is no risk of
transmitting a disease that is transmissible through food and the food employee does
not work with exposed food, clean equipment, utensils, linens, or unwrapped
single-service or single-use articles.
"Restricted egg" means any check, dirty egg, incubator reject, inedible, leaker, or loss
as defined in 9 CFR 590.
"Restricted use pesticide" means a pesticide product that contains the active ingredients
specified in 40 CFR 152.175 Pesticides classified for restricted use, and that is limited
to use by or under the direct supervision of a certified applicator.
"Risk" means the likelihood that an adverse health effect will occur within a population
as a result of a hazard in a food.
"Safe material" means:
(2) An additive that is used as specified in § 409 or 706 of the Federal Food,
Drug, and Cosmetic Act; or
(3) Other materials that are not additives and that are used in conformity with
applicable regulations of the Food and Drug Administration.
"Sanitization" means the application of cumulative heat or chemicals on cleaned
food-contact surfaces that, when evaluated for efficacy, is sufficient to yield a reduction
of 5 logs, which is equal to a 99.999% reduction, of representative disease
microorganisms of public health importance.
"Sealed" means free of cracks or other openings that allow the entry or passage of
moisture.
"Service animal" means an animal such as a guide dog, signal dog, or other animal
individually trained to provide assistance to an individual with a disability.
"Servicing area" means an operating base location to which a mobile food
establishment or transportation vehicle returns regularly for such things as vehicle and
equipment cleaning, discharging liquid or solid wastes, refilling water tanks and ice bins,
and boarding food.
"Sewage" means liquid waste containing animal or vegetable matter in suspension or
solution and may include liquids containing chemicals in solution.
"Shellfish control authority" means a state, federal, foreign, tribal, or other government
entity legally responsible for administering a program that includes certification of
molluscan shellfish harvesters and dealers for interstate commerce.
"Shellstock" means raw, in-shell molluscan shellfish.
"Shiga toxin-producing Escherichia coli" (STEC) means any E. coli capable of producing
Shiga toxins (also called verocytotoxins or "Shiga-like" toxins). Examples of serotypes of
STEC include both O157 and non-O157 E. coli. Also see Enterohemorrhagic
Escherichia coli.
"Shucked shellfish" means molluscan shellfish that have one or both shells removed.
"Single-service articles" means tableware, carry-out utensils, and other items such as
bags, containers, placemats, stirrers, straws, toothpicks, and wrappers that are
designed and constructed for one time, one person use after which they are intended
for discard.
Single-Use Articles.
(2) "Single-use articles" includes items such as wax paper, butcher paper, plastic
wrap, formed aluminum food containers, jars, plastic tubs or buckets, bread wrappers,
pickle barrels, ketchup bottles, and number 10 cans which do not meet the materials,
durability, strength, and cleanability specifications under §§4-101.11,
4-201.11, and 4-202.11 for multiuse utensils.
"Smooth" means:
(2) A nonfood-contact surface of equipment having a surface equal to that of
commercial grade hot-rolled steel free of visible scale; and
(3) A floor, wall, or ceiling having an even or level surface with no roughness or
projections that render it difficult to clean.
"Temperature measuring device" means a thermometer, thermocouple, thermistor, or
other device that indicates the temperature of food, air, or water.
"Temporary food establishment" means a food establishment that operates for a period
of no more than 14 consecutive days in conjunction with a single event or celebration.
"USDA" means the U.S. Department of Agriculture.
"Utensil" means a food-contact implement or container used in the storage, preparation,
transportation, dispensing, sale, or service of food, such as kitchenware or tableware
that is multiuse, single-service, or single-use; gloves used in contact with food;
temperature sensing probes of food temperature measuring devices; and probe-type
price or identification tags used in contact with food.
"Variance" means a written document issued by the regulatory authority that authorizes
a modification or waiver of one or more requirements of this Code if, in the opinion of
the regulatory authority, a health hazard or nuisance will not result from the modification
or waiver.
"Vending machine" means a self-service device that, upon insertion of a coin, paper
currency, token, card, or key, or by optional manual operation, dispenses unit servings
of food in bulk or in packages without the necessity of replenishing the device between
each vending operation.
"Vending machine location" means the room, enclosure, space, or area where one or
more vending machines are installed and operated and includes the storage areas and
areas on the premises that are used to service and maintain the vending machines.
"Warewashing" means the cleaning and sanitizing of utensils and food-contact surfaces
of equipment.
"Whole-muscle, intact beef" means whole muscle beef that is not injected, mechanically
tenderized, reconstructed, or scored and marinated, from which beef steaks may be cut.
Responsibility
Knowledge
2-102.20 Food Protection Manager Certification.
Duties
(B) Persons unnecessary to the food establishment operation are not allowed in the
food preparation, food storage, or warewashing areas, except that brief visits and tours
may be authorized by the person in charge if steps are taken to ensure that exposed
food; clean equipment, utensils, and linens; and unwrapped single-service and
single-use articles are protected from contamination;
(C) Employees and other persons such as delivery and maintenance persons and
pesticide applicators entering the food preparation, food storage, and warewashing
areas comply with this Code;
(D) Employees are effectively cleaning their hands, by routinely monitoring the
employees' handwashing;
(E) Employees are visibly observing foods as they are received to determine that they
are from approved sources, delivered at the required temperatures, protected from
contamination, unadulterated, and accurately presented, by routinely monitoring the
employees' observations and periodically evaluating foods upon their receipt;
(F) Employees are properly cooking potentially hazardous food (time/temperature
control for safety food), being particularly careful in cooking those foods known to cause
severe foodborne illness and death, such as eggs and comminuted meats, through daily
oversight of the employees' routine monitoring of the cooking temperatures using
appropriate temperature measuring devices properly scaled and calibrated as specified
under § 4-203.11 and ¶ 4-502.11(B);
(G) Employees are using proper methods to rapidly cool potentially hazardous foods
(time/temperature control for safety food) that are not held hot or are not for
consumption within 4 hours, through daily oversight of the employees' routine
monitoring of food temperatures during cooling;
(H) Removed from Code.
(I) Employees are properly sanitizing cleaned multiuse equipment and utensils before
they are reused, through routine monitoring of solution temperature and exposure time
for hot water sanitizing, and chemical concentration, pH, temperature, and exposure
time for chemical sanitizing;
(J) Consumers are notified that clean tableware is to be used when they return to
self-service areas such as salad bars and buffets as specified under § 3-304.16;
(K) Removed from Code.
(L) Employees are properly trained in food safety as it relates to their assigned duties;
and
(M) Food Employees and conditional employees are informed of their responsibility to
report in accordance with law, to the person in charge, information about their health
and activities as they relate to diseases that are transmissible through food, as specified
under ¶ 2-201.11(A).
(b) Diarrhea,
(c) Jaundice,
(d) Sore throat with fever, or
(e) A lesion containing pus such as a boil or infected wound that is open or draining
and is:
(ii) On exposed portions of the arms, unless the lesion is protected by an
impermeable cover, or
(iii) On other parts of the body, unless the lesion is covered by a dry, durable, tight-
fitting bandage;
(b) Hepatitis A virus,
(c) Shigella spp.,
(d) Enterohemorrhagic or Shiga Toxin-Producing Escherichia coli, or
(e) Salmonella Typhi;
(4) Has been exposed to, or is the suspected source of, a confirmed disease
outbreak, because the food employee or conditional employee consumed or prepared
food implicated in the outbreak, or consumed food at an event prepared by a person
who is infected or ill with:
(b) Enterohemorrhagic or Shiga toxin-producing Escherichia coli, or Shigella spp.
within the past 3 days of the last exposure,
(c) Salmonella Typhi within the past 14 days of the last exposure; or
(d) Hepatitis A virus within the past 30 days of the last exposure; or
(b) Enterohemorrhagic or Shiga toxin-producing Escherichia coli, or Shigella spp.
within the past 3 days of the last exposures,
(c) Salmonella Typhi within the past 14 days of the last exposure, or
(d) Hepatitis A virus within the past 30 days of the last exposure; or
(2) Diagnosed with an illness due to a pathogen as specified under Subparagraphs
(A)(2(a) - (e) of this section.
(2) Who will work as a food employee in a food establishment that serves a highly
susceptible population and reports a history of exposure as specified under
Subparagraphs (A)(4) - (5), is prohibited from becoming a food employee until the
conditional employee meets the criteria as specified under ¶ 2-201.13(I).
(2) Restricted as specified under Subparagraphs 2-201.12 (D)(2), (E)(2), (F)(2),
(G)(2), or ¶¶ 2-201.12(H) or (I) and in compliance with the provisions
specified under ¶¶ 2-201.13(D) - (I).
(F) A food employee shall:
(2) Comply with a restriction as specified under Subparagraphs 2-201.12(D)(2),
(E)(2), (F)(2), (G)(2), or ¶¶ 2-201.12 (H) or (I) and comply with the provisions
specified under ¶¶ 2-201.13(D) - (I).
(2) Symptomatic with vomiting or diarrhea and diagnosed with an infection from
Norovirus, Shigella spp., or Enterohemorrhagic or Shiga toxin-producing E. coli.
(2) Diagnosed with an infection from hepatitis A virus within 14 calendar days from
the onset of any illness symptoms, or within 7 calendar days of the onset of jaundice; or
(3) Diagnosed with an infection from hepatitis A virus without developing symptoms.
(D) If a food employee is diagnosed with an infection from Norovirus and is
asymptomatic:
(2) Restrict the food employee who works in a food establishment not serving a
highly susceptible population.
(2) Restrict the food employee who works in a food establishment not serving
susceptible population.
(2) Restrict the food employee who works in a food establishment not serving a
highly susceptible population.
(2) Restrict the food employee who works in a food establishment not serving a
highly susceptible population.
(I) If a food employee is exposed to a foodborne pathogen as specified under
Subparagraphs 2-201.11 (A)(4) or (5), restrict the food employee who works in a food
establishment serving a highly susceptible population.
(b) Provides to the person in charge written medical documentation from a
health practitioner that states the symptom is from a noninfectious condition.
(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 Subparagraphs (D)(1) or (2) of
this section are met.
(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 Subparagraphs (E)(1) or (2), or
(E)(1) and (3)(a) of this section are met.
(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 Subparagraphs (F)(1) or (2)
are met.
(2) The anicteric food employee has been symptomatic with symptoms other than
jaundice for more than 14 days; or
(3) The food employee provides to the person in charge written medical
documentation from a health practitioner stating that the food employee is free of a
hepatitis A virus infection.
(2) The food employee provides to the person in charge written medical
documentation from a health practitioner that states the food employee is free from S.
Typhi infection.
(2) The food employee was excluded or restricted after symptoms of vomiting or
diarrhea resolved, and more than 48 hours have passed since the food employee
became asymptomatic; or
(3) The food employee was excluded or restricted and did not develop symptoms
and more than 48 hours have passed since the food employee was diagnosed.
(b) At least 24 hours apart;
(3) The food employee was excluded or restricted and did not develop symptoms
and more than 7 calendar days have passed since the food employee was diagnosed.
(b) At least 24 hours apart;
(3) The food employee was excluded or restricted and did not develop symptoms
and more than 7 days have passed since the food employee was diagnosed.
(2) Has at least one negative throat specimen culture for Streptococcus pyogenes
infection; or
(3) Is otherwise determined by a health practitioner to be free of a Streptococcus
pyogenes infection.
(2) An impermeable cover on the arm if the infected wound or pustular boil is on the
arm; or
(3) A dry, durable, tight-fitting bandage if the infected wound or pustular boil is on
another part of the body.
(b) More than 48 hours have passed since the food employee's household contact
became asymptomatic.
(b) More than 3 calendar days have passed since the food employee's household
contact became asymptomatic.
(b) More than 14 calendar days have passed since the food employee's household
contact became asymptomatic.
(b) The food employee is immune to hepatitis A virus infection because of
vaccination against hepatitis A;
(c) The food employee is immune to hepatitis A virus infection because of IgG
administration;
(d) More than 30 calendar days have passed since the last day the food employee
was potentially exposed;
(e) More than 30 calendar days have passed since the food employee's household
contact became jaundiced; or
(f) The food employee does not use an alternative procedure that allows bare hand
contact with ready-to-eat food until at least 30 days after the potential exposure, as
specified in Subparagraphs (I)(4)(d) and (e) of this section, and the food employee
receives additional training about:
(ii) Proper handwashing procedures, and
(iii) Protecting ready-to-eat food from contamination introduced by bare hand
contact.
2-301.12* Cleaning Procedure. *
(B) Food employees shall use the following cleaning procedure in the order stated to
clean their hands and exposed portions of their arms, including surrogate prosthetic
devices for hands and arms:
(2) Apply an amount of cleaning compound recommended by the cleaning
compound manufacturer;
(3) Rub together vigorously for at least 10 to 15 seconds while:
(b) Creating friction on the surfaces of the hands and arms or surrogate prosthetic
devices for hands and arms, finger tips, and areas between the fingers;
(5) Immediately follow the cleaning procedure with thorough drying using a method
as specified under § 6-301.12.
(D) If approved and capable of removing the types of soils encountered in the food
operations involved, an automatic handwashing facility may be used by food employees
to clean their hands or surrogate prosthetic devices.
2-301.14* When to Wash. *
(B) After using the toilet room;
(C) After caring for or handling service animals or aquatic animals as specified in
¶ 2-403.11(B);
(D) Except as specified in ¶ 2-401.11(B), after coughing, sneezing, using a
handkerchief or disposable tissue, using tobacco, eating, or drinking;
(E) After handling soiled equipment or utensils;
(F) During food preparation, as often as necessary to remove soil and contamination
and to prevent cross contamination when changing tasks;
(G) When switching between working with raw food and working with ready-to-eat
food;
(H) Before donning gloves for working with food; and
(I) After engaging in other activities that contaminate the hands.
2-301.16 Hand Antiseptics.
(b) Have active antimicrobial ingredients that are listed in the FDA monograph for
OTC Health-Care Antiseptic Drug Products as an antiseptic handwash, and
(b) Comply with and be listed in:
(ii) 21 CFR 182 - Substances Generally Recognized as Safe, 21 CFR 184 - Direct
Food Substances Affirmed as Generally Recognized as Safe, or 21 CFR 186 - Indirect
Food Substances Affirmed as Generally Recognized as Safe for use in contact with
food, and
(2) Limited to situations that involve no direct contact with food by the bare hands.
(2) This section does not apply to a food employee such as a counter staff person
who only serves beverages and wrapped or packaged foods, a host staff person, or a
wait staff person if he or she presents a minimal risk of contaminating exposed food,
clean equipment, utensils, and linens, and unwrapped single-service and single-use
articles.
(B) Unless wearing intact gloves in good repair, a food employee may not wear
fingernail polish or artificial fingernails when working with exposed food.
Outer Clothing
Food Contamination Prevention
(B) A food employee may drink from a closed beverage container if the container is
handled to prevent contamination of:
(2) The container; and
(3) Exposed food; clean equipment, utensils, and linens; and unwrapped single-service
and single-use articles.
Hair Restraints
(B) 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, and
linens; and unwrapped single-service and single-use articles.
(B) Food employees with service animals may handle or care for their service
animals and food employees may handle or care for fish in aquariums or molluscan
shellfish or crustacea in display tanks if they wash their hands as specified under §
2-301.12 and ¶ 2-301.14(C).
1-101.10Food Code.
These provisions shall be known as the Food Code, hereinafter referred to as "this
Code."
1-102.10 Food Safety, Illness Prevention, and Honest Presentation.
The purpose of this Code is to safeguard public health and provide to consumers food
that is safe, unadulterated, and honestly presented.
1-103.10 Statement.
This Code establishes definitions; sets standards for management and personnel, food
operations, and equipment and facilities; and provides for food establishment plan
review, permit issuance, inspection, employee restriction, and permit suspension.
1-201.10 Statement of Application and Listing of Terms.
(A) The following definitions shall apply in the interpretation and application of
this Code.
Accredited Program.
(1) "Accredited program" means a food protection manager certification program that
has been evaluated and listed by an accrediting agency as conforming to national
standards for organizations that certify individuals.
Additive.
(1) "Food additive" has the meaning stated in the Federal Food, Drug, and Cosmetic
Act, § 201(s) and 21 CFR 170.3(e)(1).
"Adulterated" has the meaning stated in the Nebraska Pure Food Act , 81-2,282.
(1) "Asymptomatic" means without obvious symptoms; not showing or producing
indications of a disease or other medical condition, such as an individual infected with a
pathogen but not exhibiting or producing any signs or symptoms of vomiting, diarrhea,
or jaundice.
"aw" means water activity which is a measure of the free moisture in a
food, is the quotient of the water vapor pressure of the substance divided by the vapor
pressure of pure water at the same temperature, and is indicated by the symbol
aw.
(1) "CIP" means cleaned in place by the circulation or flowing by mechanical means
through a piping system of a detergent solution, water rinse, and sanitizing solution onto
or over equipment surfaces that require cleaning, such as the method used, in part, to
clean and sanitize a frozen dessert machine.
81-2,242.04. "Commercial food establishment" means an operation with a permanent
sales location and such location has more than one hundred cubic feet of area
containing food.
(1) To combine shellstock harvested on different days or from different growing
areas as identified on the tag or label, or
Comminuted.
(1) "Comminuted" means reduced in size by methods including chopping,
flaking, grinding, or mincing.
81-2,242.02. "Commissary" shall mean a food establishment where food, food
containers, or food supplies are kept, handled, prepared, packaged, or stored for use in
mobile food units, pushcarts, or vending machines.
(1) "Critical item" means a provision of this Code, that, if in noncompliance, is
more likely than other violations to contribute to food contamination, illness, or
environmental health hazard.
"Critical limit" means the maximum or minimum value to which a physical, biological, or
chemical parameter must be controlled at a critical control point to minimize the risk that
the identified food safety hazard may occur.
(1) "Drinking water" means water that meets criteria as specified in
40 CFR 141 National Primary Drinking Water Regulations.
"Dry storage area" means a room or area designated for the storage of packaged or
containerized bulk food that is not potentially hazardous (time/temperature control for
safety food)and dry goods such as single-service items.
(1) "Easily cleanable" means a characteristic of a surface that:
"Easily movable" means:
(a) Allows effective removal of soil by normal cleaning methods;
(2) "Easily cleanable" includes a tiered application of the criteria that qualify the
surface as easily cleanable as specified in Subparagraph (1) of this definition to different
situations in which varying degrees of cleanability are required such as:
(a) The appropriateness of stainless steel for a food preparation surface as opposed to
the lack of need for stainless steel to be used for floors or for tables used for consumer
dining; or
(1) Portable; mounted on casters, gliders, or rollers; or provided with a mechanical
means to safely tilt a unit of equipment for cleaning; and
Egg.
(1) "Egg" means the shell egg of avian species such as chicken, duck, goose, guinea,
quail, ratites or turkey.
Egg Product.
(a) A balut;
(1) "Egg Product" means all, or a portion of, the contents found inside eggs separated
from the shell and pasteurized in a food processing plant, with or without added
ingredients, intended for human consumption, such as dried, frozen or liquid eggs.
"Employee" means the permit holder, person in charge, food employee, person having
supervisory or management duties, person on the payroll, family member, volunteer,
person performing work under contractual agreement, or other person working in a food
establishment.
(1) "Equipment" means an article that is used in the operation of a food
establishment such as a freezer, grinder, hood, ice maker, meat block, mixer, oven,
reach-in refrigerator, scale, sink, slicer, stove, table, temperature measuring device for
ambient air, vending machine, or warewashing machine.
"Exclude" means to prevent a person from working as an employee in a food
establishment or entering a food establishment as an employee.
(1) "Fish" means fresh or saltwater finfish, crustaceans and other forms of aquatic life
(including alligator, frog, aquatic turtle, jellyfish, sea cucumber, and sea urchin and the
roe of such animals) other than birds or mammals, and all mollusks, if such animal life is
intended for human consumption.
"Food" means a raw, cooked, or processed edible substance, ice, beverage, or
ingredient used or intended for use or for sale in whole or in part for human
consumption, or chewing gum.
(1) A surface of equipment or a utensil with which food normally comes into contact;
or
"Food employee" means an individual working with unpackaged food, food equipment or
utensils, or food-contact surfaces.
(a) Into a food, or
(1) An establishment or vending machine operation that offers only prepackaged soft
drinks, carbonated or noncarbonated; canned or bottled fruit and vegetable juices;
prepackaged ice; candy; chewing gum; potato or corn chips; pretzels; cheese puffs and
curls; crackers; popped popcorn; nuts and edible seeds; and cookies, cake, pies, and
other pastries, that are not potentially hazardous;
81-2,246.01. "Food Processing Plant" shall mean a commercial operation that
manufactures, packages, labels, or stores food for human consumption and does not
provide food directly to a consumer.
(1) "Game animal" means an animal, the products of which are food, that is not
classified as livestock, sheep, swine, goat, horse, mule, or other equine in 9 CFR 301.2
Definitions, or as Poultry, or Fish.
"General use pesticide" means a pesticide that is not classified by EPA for restricted
use as specified in 40 CFR 152.175 Pesticides classified for restricted use.
(1) "Handwashing sink" means a lavatory, a basin or vessel for washing, a wash
basin, or a plumbing fixture especially placed for use in personal hygiene and designed
for the washing of the hands.
"Hazard" means a biological, chemical, or physical property that may cause an
unacceptable consumer health risk.
(1) Immunocompromised; preschool age children, or older adults; and
"Imminent health hazard" means a significant threat or danger to health that is
considered to exist when there is evidence sufficient to show that a product, practice,
circumstance, or event creates a situation that requires immediate correction or
cessation of operation to prevent injury based on:
(1) The number of potential injuries, and
"Injected" means manipulating a meat so that infectious or toxigenic microorganisms
may be introduced from its surface to its interior through tenderizing with deep
penetration or injecting the meat such as by processes which may be referred to as
"injecting," "pinning," or "stitch pumping."
(1) "Juice" means the aqueous liquid expressed or extracted from one or more fruits
or vegetables, purees of the edible portions of one or more fruits or vegetables, or any
concentrates of such liquid or pureé.
"Kitchenware" means food preparation and storage utensils.
(1) "Major food allergen" means:
"Meat" means the flesh of animals used as food including the dressed flesh of cattle,
swine, sheep, or goats and other edible animals, except fish, poultry, and wild game
animals as specified under Subparagraphs 3-201.17(A)(3) and (4).
(a) Milk, egg, fish (such as bass, flounder, cod, and including crustacean shellfish such
as crab, lobster, or shrimp), tree nuts (such as almonds, pecans, or walnuts), wheat,
peanuts, and soybeans; or
(2) "Major food allergen" does not include:
(a) Any highly refined oil derived from a food specified in Subparagraph (1)(a) of this
definition and any ingredient derived from such highly refined oil; or
(1) "Packaged" means bottled, canned, cartoned, securely bagged, or securely
wrapped, whether packaged in a food establishment or a food processing plant.
"Permit" means the document issued by the regulatory authority that authorizes a
person to operate a food establishment.
(1) Is legally responsible for the operation of the food establishment such as the owner,
the owner's agent, or other person; and
"Person" means an association, a corporation, individual, partnership, other legal entity,
government, or governmental subdivision or agency.
(1) "Personal care items" means items or substances that may be poisonous, toxic, or a
source of contamination and are used to maintain or enhance a person's health,
hygiene, or appearance.
"pH" means the symbol for the negative logarithm of the hydrogen ion concentration,
which is a measure of the degree of acidity or alkalinity of a solution.
Values between 0 and 7 indicate acidity and values between 7 and 14 indicate alkalinity.
The value for pure distilled water is 7, which is considered neutral.
"Physical facilities" means the structure and interior surfaces of a food establishment
including accessories such as soap and towel dispensers and attachments such as light
fixtures and heating or air conditioning system vents.
(1) Is permanently or temporarily connected to the water distribution system of the
premises and demands a supply of water from the system; or
"Plumbing system" means the water supply and distribution pipes; plumbing fixtures and
traps; soil, waste, and vent pipes; sanitary and storm sewers and building drains,
including their respective connections, devices, and appurtenances within the premises;
and water-treating equipment.
(1) Cleaners and sanitizers, which include cleaning and sanitizing agents and agents
such as caustics, acids, drying agents, polishes, and other chemicals;
Potentially Hazardous Food (Time/Temperature Control for Safety Food).
(1) "Potentially hazardous food (time/temperature control for safety food)" means a
food that requires time/temperature control for safety (TCS) to limit pathogenic
microorganism growth or toxin formation.
(a) An animal food that is raw or heat-treated; a plant food that is heat-treated or
consists of raw seed sprouts, cut melons, or garlic-in-oil mixtures that are not modified
in a way that results in mixtures that do not support pathogenic microorganism growth
or toxin formation; and
(3) "Potentially hazardous food (time/temperature control for safety food)" does not
include:
Table A. Interaction of pH and Aw for control of
spores in food heat-treated to destroy vegetative cells and subsequently packaged
Aw values
pH values
4.6 or less
> 4.6 - 5.6
> 5.6
<0.92
non-PHF*/
non-TCS food** non-PHF/
non-TCS food non-PHF/
non-TCS food
> 0.92 - .95
non-PHF/
non-TCS food non-PHF/
non-TCS food PA***
> 0.95
non-PHF/
non-TCS food PA
PA
* PHF means potentially hazardous food
** TCS food means time/temperature control for safety food
*** PA means Product Assessment required
Table B. Interaction of pH and Aw for
control of vegetative cells and spores in food not heat-treated or heat-treated but not
packaged
Aw values
pH values
< 4.2
4.2 - 4.6
> 4.6 - 5.0
> 5.0
<0.88
non-PHF*/
non-TCS food** non-PHF/
non-TCS food non-PHF/
non-TCS food non-PHF/
non-TCS food
0.88 - .90
non-PHF/
non-TCS food non-PHF/
non-TCS food non-PHF/
non-TCS food PA***
> 0.90 - 0.92
non-PHF/
non-TCS food non-PHF/
non-TCS FOOD PA
PA
>0.92
non-PHF/
non-TCS food PA
PA
PA
* PHF means potentially hazardous food
** TCS food means time/temperature control for safety food
*** PA means Product Assessment required
(a) An air-cooled hard-boiled egg with shell intact, or an egg with shell intact that is not
hard-boiled, but has been pasteurized to destroy all viable salmonellae;
"Poultry" means:
(i) Intrinsic factors including added or natural characteristics of the food such as
preservatives, antimicrobials, humectants, acidulants, or nutrients,
(e) A food that does not support the growth or toxin formation of pathogenic
microorganisms in accordance with one of the Subparagraphs (3)(a) - (3)(d) of this
definition even though the food may contain a pathogenic
microorganism or chemical or physical contaminant at a level sufficient to cause illness
or injury.
(1) Any domesticated bird (chickens, turkeys, ducks, geese, guineas, ratites, or
squabs), whether live or dead, as defined in 9 CFR 381.1 Poultry Products Inspection
Regulations Definitions, Poultry; and
"Premises" means:
(1) The physical facility, its contents, and the contiguous land or property under the
control of the permit holder; or
"Primal cut" means a basic major cut into which carcasses and sides of meat are
separated, such as a beef round, pork loin, lamb flank, or veal breast.
(1) "Ready-to-eat food" means food that:
Reduced Oxygen Packaging.
(a) Is in a form that is edible without additional preparation to achieve food safety, as
specified under one of the following: ¶ 3-401.11(A) or (B), or §3-401.12 or
§3-402.11, or as specified in ¶ 3-401.11(C); or
(2) "Ready-to-eat food" includes:
(a) Raw animal food that is cooked as specified under §3-401.11 or 3-401.12, or
frozen as specified under §3-402.11;
(1) "Reduced oxygen packaging" means:
"Refuse" means solid waste not carried by water through the sewage system.
(a) The reduction of the amount of oxygen in a package by removing oxygen;
displacing oxygen and replacing it with another gas or combination of gases; or
otherwise controlling the oxygen content to a level below that normally found in the
atmosphere (approximately 21% at sea level); and
(2) "Reduced oxygen packaging" includes:
(a) Vacuum packaging, in which air is removed from a package of food and the
package is hermetically sealed so that a vacuum remains inside the package;
(1) An article manufactured from or composed of materials that may not reasonably
be expected to result, directly or indirectly, in their becoming a component or otherwise
affecting the characteristics of any food;
81-2,253.01. "Salvage operation" shall mean an operation which reconditions, sells,
distributes, brokers, or otherwise supplies any distressed or salvaged food.
(1) "Single-use articles" means utensils and bulk food containers designed and
constructed to be used once and discarded.
"Slacking" means the process of moderating the temperature of a food such as allowing
a food to gradually increase from a temperature of -23°C (-10°F) to -4°C
(25°F) in preparation for deep-fat frying or to facilitate even heat penetration during
the cooking of previously block-frozen food such as shrimp.
(1) A food-contact surface having a surface free of pits and inclusions with a
cleanability equal to or exceeding that of (100 grit) number 3 stainless steel;
"Tableware" means eating, drinking, and serving utensils for table use such as flatware
including forks, knives, and spoons; hollowware including bowls, cups, serving dishes,
and tumblers; and plates.
2-101.11* Assignment. *
The permitholder 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 operation.
81-2,272.02* (Replaces 2005 Food Code 2-102.11 Demonstration) *
The individual who is responsible for the food establishment shall have knowledge of
the risks of foodborne illness inherent to the food operation, foodborne disease
prevention, and the requirements of the Nebraska Pure Food Act. The individual shall
demonstrate this knowledge by the passing of routine sanitation inspections by the food
establishment, successfully completing an approved food handler training course, or
responding correctly to the regulatory authority's questions as they relate to the areas of
the food establishment's noncompliance in order to bring that area into compliance.
A person in charge who demonstrates knowledge by being a food protection manager
that is certified by a food protection manager certification program that is evaluated and
listed by a Conference for Food Protection recognized accrediting agency as
conforming to the Conference for Food Protection Manger Certification Programs is
deemed to comply with ¶ 2-102.11(B)
2-103.11 Person in Charge.
The person in charge shall ensure that:
(A) Food establishment operations are not conducted in a private home or in a room
used as living or sleeping quarters as specified under § 6-202.111;
2-201.11 * Responsibility of Permit Holder, Person in Charge, and Conditional
Employees *
(A) The permitholder shall require a food employees and conditional employees to
report to the person in charge information about their health and activities as they relate
to diseases that are transmissible through food. A food employee or conditional
employee shall report the information in a manner that allows the person in charge to
reduce the risk of foodborne disease transmission, including providing necessary
additional information, such as the date of onset of symptoms and an illness, or of a
diagnosis without symptoms, if the food employee or conditional employee:
2-201.12* Exclusions and Restrictions. *
(1) Has any of the following symptoms:
(B) The person in charge shall notify the regulatory authority when a food employee
is:
(a) Vomiting,
(2) Has an illness diagnosed by a health practitioner due to:
(i) On the hands or wrists, unless an impermeable cover such as a finger cot or stall
protects the lesion and a single-use glove is worn over the impermeable cover,
(a) Norovirus,
(3) Had a previous illness, diagnosed by health practitioner, within the past 3 months
due to Salmonella Typhi, without having received antibiotic therapy, as determined by a
health practitioner;
(a) Norovirus within the past 48 hours of the last exposure,
(5) Has been exposed by attending or working in a setting where there is a
confirmed disease outbreak, or living in the same household as, and has knowledge
about, an individual who works or attends a setting where there is a confirmed disease
outbreak, or living in the same household as, and has knowledge about, an individual
diagnosed with an illness caused by:
(a) Norovirus within the past 48 hours of the last exposure,
(1) Jaundiced, or
(C) The person in charge shall ensure that a conditional employee:
(1) Who exhibits or reports a symptom, or who reports a diagnosed illness as
specified under Subparagraphs (A)(1) - (3) of this section, is prohibited from becoming a
food employee until the conditional employee meets the criteria for the specific
symptoms or diagnosed illness as specified under § 2-201.13; and
(D) The person in charge shall ensure that a food employee who exhibits or reports a
symptom, or who reports a diagnosed illness or a history of exposure as specified under
Subparagraphs (A)(1) - (5) of this section is:
(1) Excluded as specified under ¶¶ 2-201.12 (A) - (C), and
Subparagraphs (D)(1), (E)(1), (F)(1), or (G)(1) and in compliance with the provisions
specified under ¶¶ 2-201.13(A) - (G); or
(E) A food employee or conditional employee shall report to the person in charge the
information as specified under ¶ (A) of this section.
(1) Comply with an exclusion as specified under ¶¶ 2-201.12(A) - (C) and
Subparagraphs 2-201.12(D)(1), (E)(1), (F)(1), or (G)(1) and with the provisions specified
under ¶¶ 2-201.13(A) - (G); or
The person in charge shall exclude or restrict a food employee from a food
establishment in accordance with the following:
(A) Except when the symptom is from a noninfectious condition, exclude a food
employee if the food employee is:
2-201.13 Removal, Adjustment, or Retention of Exclusions and
Restrictions.
(1) Symptomatic with vomiting or diarrhea; or
(B) Exclude a food employee who is:
(1) Jaundiced and the onset of jaundice occurred within the last 7 calendar days,
unless the food employee provides to the person in charge written medical
documentation from a health practitioner specifying that the jaundice is not caused by
hepatitis A virus or other fecal-orally transmitted infection;
(C) Exclude a food employee who is diagnosed with an infection from Salmonella
Typhi, or reports a previous infection with Salmonella Typhi within the past 3 months as
specified under Subparagraph 2-201.11(A)(3).
(1) Exclude the food employee who works in a food establishment serving a highly
susceptible population; or
(E) If a food employee is diagnosed with an infection from Shigella spp. and is
asymptomatic:
(1) Exclude the food employee who works in a food establishment serving a highly
susceptible population; or
(F) If a food employee is diagnosed with an infection from Enterohemorrhagic or
Shiga toxin-producing E. coli, and is asymptomatic:
(1) Exclude the food employee who works in a food establishment serving a highly
susceptible population; or
(G) If a food employee is ill with symptoms of acute onset of sore throat with fever:
(1) Exclude the food employee who works in a food establishment serving a highly
susceptible population;
(H) If a food employee is infected with a skin lesion containing pus such as a boil or
infected wound that is open or draining and not properly covered as specified under
Subparagraph 2-201.11(A)(1)(e), restrict the food employee.
The person in charge of a food establishment may remove, adjust, or retain the
exclusion or restriction of a food employee according to the following conditions:
(A) Except when a food employee is diagnosed with an infection from hepatitis A virus
or Salmonella Typhi:
Hands and Arms
(1) Reinstate a food employee who was excluded as specified under Subparagraph
2-201.12(A)(1) if the food employee:
(B) Reinstate a food employee who was excluded as specified under ¶ 2-
201.12(B) if the person in charge obtains approval from the regulatory authority and one
of the following conditions is met;
(a) Is asymptomatic for at least 24 hours; or
(2) If a food employee was diagnosed with an infection from Norovirus and
excluded as specified under Subparagraph 2-201.12(A)(2):
(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 (D)(1) or (2) of this section are met;
or
(3) If a food employee was diagnosed with an infection from Shigella spp. and
excluded as specified under Subparagraph 2-201.12(A)(2):
(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 Subparagraphs (E)(1) or (2) of this section are met;
or
(4) If food employee was diagnosed with an infection from enterohemorrhagic or
shiga toxin-producing Escherichia coli and excluded as specified under Subparagraph
2-201.12(A)(2):
(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 Subparagraphs (F)(1) or (2) of this section are met;
or
(1) The food employee has been jaundiced for more than 7 calendar days;
(C) Reinstate a food employee who was excluded as specified under ¶ 2-
201.12(C) if:
(1) The person in charge obtains approval from the regulatory authority; and
(D) Reinstate a food employee who was excluded as specified under Subparagraphs
2-201.12(A)(2) or (D)(1) who was restricted under Subparagraph 2-201.12(D)(2) if the
person in charge obtains approval from the regulatory authority and one of the following
conditions is met:
(1) The excluded or restricted food employee provides to the person in charge
written medical documentation from a health practitioner sating that the food employee
is free of a Norovirus infection;
(E) Reinstate a food employee who was excluded as specified under Subparagraphs
2-201.12(A)(2) or (E)(1) or who was restricted under Subparagraph 2-201.12(E)(2) if the
person in charge obtains approval from the regulatory authority and one of the following
conditions is met:
(1) The excluded or restricted food employee provides to the person in charge
written medical documentation from a health practitioner stating that the food employee
is free of a Shigella spp. infection based on test results showing 2 consecutive negative
stool specimen cultures that are taken:
(F) Reinstate a food employee who was excluded or restricted as specified under
Subparagraphs 2-201.12(A)(2) or (F)(1) or who was restricted under Subparagraph 2-
201.12(F)(2) if the person in charge obtains approval from the regulatory authority and
one of the following conditions is met:
(a) Not earlier than 48 hours after discontinuance of antibiotics, and
(2) The food employee was excluded or restricted after symptoms of vomiting or
diarrhea resolved, and more than 7 calendar days have passed since the food
employee became asymptomatic; or
(1) The excluded or restricted food employee provides to the person in charge
written medical documentation from a health practitioner stating that the food employee
is free of an infection from enterohemorrhagic or shiga toxin-producing Escherichia coli
based on test results that show 2 consecutive negative stool specimen cultures that are
taken:
(G) Reinstate a food employee who was excluded or restricted as specified under
Subparagraphs 2-201.12(G)(1) or (2) if the food employee provides to the person in
charge written medical documentation from a health practitioner stating that the food
employee meets one of the following conditions:
(a) Not earlier than 48 hours after discontinuance of antibiotics; and
(2) The food employee was excluded or restricted after symptoms of vomiting or
diarrhea resolved and more than 7 calendar days have passed since the food employee
became asymptomatic; or
(1) Has received antibiotic therapy for Streptococcus pyogenes infection for more
than 24 hours;
(H) Reinstate a food employee who was restricted as specified under ¶ 2-
201.12(H) if the skin, infected wound, cut, or pustular boil is properly covered with one
of the following:
(1) An impermeable cover such as a finger cot or stall and a single-use glove over
the impermeable cover if the infected wound or pustular boil is on the hand, finger, or
wrist;
(I) Reinstate a food employee who was restricted as specified under ¶ 2-
201.12(I) and was exposed to one of the following pathogens as specified under
Subparagraph 2-201.11(A)(4) or (5):
(1) Norovirus and one of the following conditions is met:
(a) More than 48 hours have passed since the last day the food employee was
potentially exposed; or
(2) Shigella spp. or enterohemorrhagic or shiga toxin-producing Escherichia coli and
one of the following conditions is met:
(a) More than 3 calendar days have passed since the last day the food employee
was potentially exposed; or
(3) S. Typhi and one of the following conditions is met:
(a) More than 14 calendar days have passed since the last day the food employee
was potentially exposed; or
(4) Hepatitis A virus and one of the following conditions is met:
(a) The food employee is immune to hepatitis A virus infection because of a prior
illness from hepatitis A;
(i) Hepatitis A symptoms and preventing the transmission of infection,
2-301.11* Clean Condition. *
Food employees shall keep their hands and exposed portions of their arms clean.
(A) Except as specified in ¶ (D) of this section, food employees shall clean their
hands and exposed portions of their arms, including surrogate prosthetic devices for
hands or arms for at least 20 seconds, using a cleaning compound in a handwashing
sink that is equipped as specified under § 5-202.12 and Subpart 6-301.
2-301.13* Special Handwash Procedures. *
(1) Rinse under clean, running warm water;
(C) To avoid recontaminating their hands or surrogate prosthetic devices, food
employees may use disposable paper towels or similar clean barriers when touching
surfaces such as manually operated faucet handles on a handwashing sink or the
handle of a restroom door.
(a) Paying particular attention to removing soil from underneath the fingernails
during the cleaning procedure, and
(4) Thoroughly rinse under clean, running warm water; and
Reserved.
Food employees shall clean their hands and exposed portions of their arms as specified
under § 2-301.12 immediately before engaging in food preparation including
working with exposed food, clean equipment and utensils, and unwrapped
single-service and single-use articles and:
(A) After touching bare human body parts other than clean hands and clean,
exposed portions of arms;
2-301.15 Where to Wash.
Food employees shall clean their hands in a handwashing sink or approved automatic
handwashing facility and may not clean their hands in a sink used for food preparation
or warewashing, or in a service sink or a curbed cleaning facility used for the disposal of
mop water and similar liquid waste.
(A) A hand antiseptic used as a topical application, a hand antiseptic solution used as a
hand dip, or a hand antiseptic soap shall:
Fingernails
(1) Comply with one of the following:
(B) If a hand antiseptic or a hand antiseptic solution used as a hand dip does not meet
the criteria specified under Subparagraph (A)(2) of this section, use shall be:
(a) Be an approved drug that is listed in the FDA publication Approved Drug Products
with Therapeutic Equivalence Evaluations as an approved drug based on safety and
effectiveness; or
(2) Comply with one of the following:
(a) Have components that are exempted from the requirement of being listed in federal
food additive regulations as specified in 21 CFR 170.39 - Threshold of regulation for
substances used in food-contact articles; or
(i) 21 CFR 178 - Indirect Food Additives: Adjuvants, Production Aids, and Sanitizers
as regulated for use as a food additive with conditions of safe use, or
(3) Be applied only to hands that are cleaned as specified under § 2-301.12.
(1) Followed by thorough hand rinsing in clean water before hand contact with food
or by the use of gloves; or
(C) A chemical hand antiseptic solution used as a hand dip shall be maintained clean
and at a strength equivalent to at least 100 mg/L chlorine.
81-2,272.32 (Replaces 2005 Food Code 2-302.11 Maintenance).
(1) Except as modified under subsection (2) of this section, a food employee shall keep
his or her fingernails trimmed, filed, and maintained so the edges and surfaces are
cleanable and not rough. Unless wearing intact gloves in good condition, a food
employee shall not wear fingernail polish or artificial fingernails when working with
exposed food.
Fingernails
2-302.11 Maintenance
(A) Food employees shall keep their fingernails trimmed, filed, and maintained so the
edges and surfaces are cleanable and not rough.
Jewelry
2-303.11 Prohibition
Except for a plain ring such as a wedding band, while preparing food, food employees
may not wear jewelry including medical information jewelry on their arms and hands.
2-304.11 Clean Condition.
Food employees shall wear clean outer clothing to prevent contamination of food,
equipment, utensils, linens, and single-service and single-use articles.
2-401.11 Eating, Drinking, or Using Tobacco. *
(A) Except as specified in ¶ (B) of this section, an employee shall eat, drink, or use
any form of tobacco only in designated areas where the contamination of exposed food;
clean equipment, utensils, and linens; unwrapped single-service and single-use articles;
or other items needing protection can not result.
2-401.12* Discharges from the Eyes, Nose, and Mouth. *
(1) The employee's hands;
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, and linens; or unwrapped single-service or single-use
articles.
2-402.11 Effectiveness.
(A) Except as provided in ¶ (B) 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, and linens; and unwrapped single-service and
single-use articles.
2-403.11* Handling Prohibition. *
(A) Except as specified in ¶ (B) of this section, food employees may not care
for or handle animals that may be present such as patrol dogs, service animals, or pets
that are allowed as specified in Subparagraphs 6-501.115(B)(2)-(5).