(a) Preventing contamination from hands.*

1. (1) Food employees shall wash their hands as specified under 20 CAR § 191-301(b).
2. (2) Except when washing fruits and vegetables as specified under 20 CAR § 192-302(d), or as specified in subdivisions (a)(4) and (5) of this section, food employees may not contact exposed, ready-to-eat food with their bare hands and shall use suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment. ^P
3. (3) Food employees shall minimize bare-hand and arm contact with exposed food that is not in a ready-to-eat form. ^Pf

4. (4) Subdivision (a)(2) of this section does not apply to a food employee that contacts exposed, ready-to-eat food with bare hands at the time the ready-to-eat food is being added as an ingredient to a food that:

   1. (A) Contains a raw animal food and is to be cooked in the retail food establishment to heat all parts of the food to the minimum temperatures specified in 20 CAR § 192-401(a)(1) and (2) or 20 CAR § 192-401(b); or
   2. (B) Does not contain a raw animal food but is to be cooked in the retail food establishment to heat all parts of the food to a temperature of at least sixty-three degrees Celsius (63⁰C) (one hundred forty-five degrees Fahrenheit (145⁰F)).

5. (5) Food employees not serving a highly susceptible population may contact exposed, ready-to-eat food with their bare hands if:

   1. (A) The permit holder obtains prior approval from the regulatory authority;
   2. (B) Written procedures are maintained in the retail food establishment and made available to the regulatory authority upon request that include:

(i) For each bare-hand contact procedure, a listing of the specific ready-to-eat foods that are touched by bare hands; and

1. (ii) Diagrams and other information showing that handwashing facilities, installed, located, equipped, and maintained as specified under 20 CAR § 194-203(a), 20 CAR § 194-204(a), 20 CAR § 194-205(a), 20 CAR § 195-301(a), 20 CAR § 195-301(b), and 20 CAR § 195-301(d), are in an easily accessible location and in close proximity to the workstation where the bare-hand contact procedure is conducted;

   1. (C) A written employee health policy that details how the retail food establishment complies with 20 CAR § 191-201(a), (b), and (c), including:

      1. (i) Documentation that food employees acknowledge that they are informed to report information about their health and activities as they relate to gastrointestinal symptoms and diseases that are transmittable through food as specified under 20 CAR § 191-201(a)(1);
      2. (ii) Documentation that food employees acknowledge their responsibilities as specified under 20 CAR § 191-201(a)(5) and (6); and
      3. (iii) Documentation that the person in charge acknowledges the responsibilities as specified under 20 CAR § 191-201(a)(2), (3), (4), (b), and (c);

   2. (D) Documentation that food employees acknowledge that they have received training in:

      1. (i) The risks of contacting the specific ready-to-eat foods with bare hands;
      2. (ii) Proper hand washing as specified under 20 CAR § 191-301(b);
      3. (iii) When to wash their hands as specified under 20 CAR § 191-301(d);
      4. (iv) Where to wash their hands as specified under 20 CAR § 191-301(e);
      5. (v) Proper fingernail maintenance as specified under 20 CAR § 191-302;
      6. (vi) Prohibition of jewelry as specified under 20 CAR § 191-303; and
      7. (vii) Good hygienic practices as specified under 20 CAR § 191-401(a) and (b);
   3. (E) Documentation that hands are washed before food preparation and as necessary to prevent cross-contamination by food employees as specified under 20 CAR § 191-301(a), (b), (c), and (d) during all hours of operation when the specific ready-to-eat foods are prepared;

   4. (F) Documentation that food employees contacting ready-to-eat food with bare hands use two (2) or more of the following control measures to provide additional safeguards to hazards associated with bare-hand contact:

      1. (i) Double hand washing;
      2. (ii) Nail brushes;
      3. (iii) A hand antiseptic after hand washing as specified under 20 CAR § 191-301(f);
      4. (iv) Incentive programs such as paid sick leave that assist or encourage food employees not to work when they are ill; or
      5. (v) Other control measures approved by the regulatory authority; and
   5. (G) Documentation that corrective action is taken when subdivisions (a)(5)(A) – (F) of this section are not followed.