PURPOSE: This rule establishes up-to-date sanitation standards for food-service establishments designated in Chapter 196, RSMo using the federal Food and Drug Administration 1999 Food Code.

PUBLISHER’S NOTE: The publication of the full text of the material that the adopting agency has incorporated by reference in this rule would be unduly cumbersome or expensive. Therefore, the full text of that material will be made available to any interested person at both the Office of the Secretary of State and the office of the adopting agency, pursuant to section 536.031.4, RSMo. Such material will be provided at the cost established by state law. (1) General.

1. (A) The provisions of the U. S. Department of Health and Human Services Public Health Service Food and Drug Administration 1999 Food Code, shall apply and are incorporated by reference subject to the following additions, modifications, substitutions or deletions.

2. (B) Exceptions to the incorporation by reference are as follows:

   1. 1. Chapter 1-103.10 Statement. Delete:

“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.” Substitute: “This Code establishes definitions, sets standards for management and personnel, food operations, equipment and facilities”;

1. 2. Chapter 1-201.10(B)(31)(a)(i)

Delete: “Such as a restaurant; satellite or catered feeding location; catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people; market; vending location; conveyance used to transport people; institution; or food bank; and” Substitute: “Such as a restaurant; central preparation facility; catered feeding location; catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people; market; vending (location) operation, if the operation provides potentially hazardous foods; conveyance used to transport people; institution; or food bank; and”;

1. 3. Chapter 1-201.10(B)(31)(b)(i)

Delete: “An element of the operation such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location unless the vending or feeding location is permitted by the regulatory authority; and” Substitute: “An element of the operation such as a transportation vehicle or a satellite catered feeding location, a vending location or satellite feeding location unless the vending or feeding location is permitted by the regulatory authority; and”;

1. 4. Chapter 1-201.10(B)(31)(c)(vi)

Delete: “A kitchen in a private home, such as a small family day-care provider; or a bedand-breakfast operation that prepares and offers food to guests if the home is owner occupied, the number of available guest bedrooms does not exceed 6, breakfast is the only meal offered, the number of guests served does not exceed 18, and the consumer is informed by statements contained in published advertisements, mailed brochures, and placards posted at the registration area that 19 CSR 20-1

the food is prepared in a kitchen that is not regulated and inspected by the regulatory authority; or” Substitute: “A kitchen in a private home, such as a small family day-care provider; or a bed-and-breakfast operation that prepares and offers food to guests if the home is owner occupied, the number of available guest bedrooms does not exceed 4, breakfast is the only meal offered, the number of guests served does not exceed 12, and 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 regulatory authority; or”;

1. 5. Delete Chapter 1-201.10(B)(51) in its

entirety;

1. 6. Chapter 1-201.10(B)(52) Delete:

“‘Permit holder’ means the entity that:

1. A. Is legally responsible for the oper-

ation of the food establishment such as the owner, the owner’s agent, or other person; and

1. B. Possesses a valid permit to operate

a food establishment.” Substitute: “‘Operator’ means the entity that is legally responsible for the operation of the food establishment such as the owner, the owner’s agent, or other person”;

1. 7. Chapter 1-201.10(B)(63)(a) Delete

the term “permit holder” and substitute “operator”;

1. 8. Chapter 1-201.10(B)(63)(b) Delete

the term “permit holder” and substitute “operator”;

1. 9. Chapter 1-201.10(B)(93) Add:

“‘Vending operation’ means a commercial operation that stores, prepares, packages, serves, vends or otherwise preserves food products for and in vending machines and may consist of one or more vending locations”;

1. 10. Chapter 1-201.10(B)(93) Modify

“Warewashing” to “(94)”;

1. 11. Chapter 1-201.10(B)(94) Modify

“Whole-muscle, intact beef” to “(95)”;

1. 12. Chapter 2-101.11 Delete the term

“permit holder.” Substitute: “operator”;

1. 13. Chapter 2-201.11 Delete the term

“permit holder.” Substitute “operator”;

1. 14. Delete Chapter 2-301.13 in its

entirety;

1. 15. Chapter 2-301.14 Add: “(I) Prior to

use of gloves”;

1. 16. Chapter 2-302.11(B) Delete:

“Unless wearing intact gloves in good repair, a food employee may not wear fingernail polish or artificial fingernails when working with exposed food.” Substitute: “While preparing food, employees shall not wear artificial nails or fingernail polish”;

1. 17. Chapter 3-201.17 Add: “(C) Any

political subdivision, elementary or secondary school or any charitable, religious, fraternal or other not-for-profit organization may prepare or serve wild game provided there is no charge for the wild game served as according to RSMo 252.244.”;

1. 18. Chapter 3-401.11(D)(3) Delete:

“The regulatory authority grants a variance from ¶ (A) or (B) of this Chapter as specified in § 8-103.10 based on a HACCP plan that:” Substitute: “The regulatory authority grants a variance from ¶ (A) or (B) of this Chapter as based on a HACCP plan that:”;

1. 19. Chapter 3-401.11(D)(3)(a) Delete:

“Is submitted by the permit holder and approved as specified under § 8-301.11,” Substitute: “The regulatory authority grants a variance from ¶ (A) or (B) of this chapter as based on a HACCP plan that is submitted by the operator and approved by the regulatory authority.”

1. 20. Chapter 3-501.16(C)(2) Delete:

“Within 5 years of the regulatory authority’s adoption of this code, the equipment is upgraded or replaced to maintain food at a temperature of 5°C (41°F) or less.” Substitute: “Within 90 days of the adoption of this rule, all refrigeration equipment that is upgraded, replaced, or purchased must be able to maintain food temperatures of 41°F or below. If a refrigeration unit is found to be exceeding 45°F for 3 consecutive inspections, it shall be brought into compliance with 41°F or be replaced with a unit that is capable of maintaining product temperatures of 41°F or below”;

1. 21. Chapter 3-502.11 Variance

Requirement. Delete: “A food establishment shall obtain a variance from the regulatory authority as specified in § 8-103.10 and under § 8-103.11 before smoking food as a method of food preservation rather than as a method of flavor enhancement; curing food; brewing alcoholic beverages; using food additives or adding components such as vinegar as a method of food preservation rather than as a method of flavor enhancement or to render a food so that it is not potentially hazardous; packaging food using a reduced oxygen packaging method except as specified under § 3-502.12 where a barrier to Clostridium botulinum in addition to refrigeration exists; custom processing animals that are for personal use as food and not for sale or service in a food establishment; or preparing food by another method that is determined by the regulatory authority to require a variance.” Substitute: “A food establishment shall obtain a variance from the regulatory authority before smoking food as a method of food preservation rather than as a method of flavor enhancement; curing food; brewing alcoholic beverages; using food additives or adding components such as vinegar as a method of food preservation rather than as a method of flavor enhancement or to render a food so that it is not potentially hazardous; packaging food using a reduced oxygen packaging method except as specified under § 3- 502.12 where a barrier to Clostridium botulinum in addition to refrigeration exists; custom processing animals that are for personal use as food and not for sale or service in a food establishment; or preparing food by another method that is determined by the regulatory authority to require a variance.”;

1. 22. Delete inserted page titled: “Current

Status of Consumer Advisory Language” in its entirety;

1. 23. Chapter 3-603.11 Delete: “Except

as specified in ¶ 3-401.11(C) and Subparagraph 3-401.11(D)(3) and under ¶ 3- 801.11(D), if animal food such as beef, eggs, fish, lamb, milk, pork, poultry, or shellfish that is raw, undercooked, or not otherwise processed to eliminate pathogens is offered in a ready-to-eat form as a deli, menu, vended, or other item; or as a raw ingredient in another ready-to-eat food, the permit holder shall inform consumers by brochures, deli case or menu advisories, label statements, table tents, placards, or other effective written means of the significantly increased risk associated with certain especially vulnerable consumers eating such foods in raw or undercooked form.” Substitute: “If an animal food such as beef, eggs, fish, lamb, milk, pork, poultry, or shellfish that is raw, undercooked or not otherwise processed to eliminate pathogens is offered in a ready-to-eat form as a deli, menu, vended, or other item; or as a raw ingredient in another ready-to-eat food, the operator shall inform or disclose to consumers that the product is raw, undercooked, or not otherwise processed to eliminate pathogens.”;

1. 24. Delete Chapter 4-204.19 in its

entirety;

1. 25. Chapter 4-204.110(B) Delete:

“Molluscan shellfish life-support system display tanks that are used to store and display shellfish that are offered for human consumption shall be operated and maintained in accordance with a variance granted by the regulatory authority as specified in §8-103.10 and a HACCP plan that:” Substitute: “Molluscan shellfish life-support system display tanks that are used to store and display shellfish that are offered for human consumption shall be operated and maintained in accordance with a variance granted by the regulatory authority and a HACCP plan that:”;

1. 26. Chapter 4-204.110(B)(1) Delete:

“Is submitted by the permit holder and approved as specified under § 8-103.11; and” Substitute: “Is submitted by the operator and approved by the regulatory authority; and”;

1. 27. Delete Chapter 4-301.12(C)(5) in its

entirety;

1. 28. Delete “Chapter 4-301.12(C)(6)”

Substitute: “Chapter 4-301.12(C)(5)”;

1. 29. Delete Chapter 4-301.12(D) and (E)

in their entirety;

1. 30. Delete Chapter 4-603.16(C) in its

entirety;

1. 31. Chapter 4-603.16(D)(2) Delete:

“Wasted” Substitute: “Drained”;

1. 32. Chapter 5-103.12 Delete: “Water

under pressure shall be provided to all fixtures, equipment, and nonfood equipment that are required to use water except that water supplied as specified under ¶¶ 5- 104.12(A) and (B) to a temporary food establishment or in response to a temporary interruption of a water supply need not be under pressure.” Substitute: “Water under pressure shall be provided to all fixtures, equipment, and nonfood equipment that are required to use water except that water supplied as specified under ¶¶ 5-104.12(A) and (B) to a temporary food establishment or in response to a temporary interruption of a water supply need not be under pressure if approved.”;

1. 33. Chapter 5-203.11(C) Delete: “If

approved, when food exposure is limited and handwashing lavatories are not conveniently available, such as in some mobile or temporary food establishments or at some vending machine locations, employees may use chemically treated towelettes for handwashing.” Substitute: “If approved, when food exposure is limited to packaged food and handwashing lavatories are not conveniently available, such as in some mobile or temporary food establishments or at some vending machine locations, employees may use chemically treated towelettes and/or approved hand sanitizers for handwashing.”;

1. 34. Delete Chapter 5-203.15 in its

entirety;

1. 35. Delete Chapter 5-205.13 in its

entirety;

1. 36. Chapter 6-202.13(B) Delete: “Insect

control devices shall be installed so that:” Substitute: “All other insect control devices shall be installed so that:”;

1. 37. Chapter 6-202.17 Delete: “If locat-

ed outside, a machine used to vend food shall be provided with overhead protection except that machines vending canned beverages need not meet this requirement.” Substitute: “If located outside, a machine used to vend food shall be provided with overhead protection except that machines designed for outdoor use need not meet this requirement.”;

1. 38. Chapter 6-404.11 Delete the term

“permit holder” and Substitute “operator”;

1. 39. Delete Chapter 8 in its entirety;
2. 40. Delete Annexes 1–7 in their entire-

ty; and

1. 41. Chapter 3-502.12(B) Delete: “A

food establishment that packages food using a reduced oxygen packaging method and Clostridium Botulinum is identified as a microbiological hazard in the final packaged form shall have a HACCP plan that contains the information specified under ¶ 8- 201.14(D) and that:” Substitute: “A food establishment that packages food using a reduced oxygen packaging method and Clostridium Botulinum is identified as a microbiological hazard in the final packaged form shall have a HACCP plan submitted by the operator and approved by the regulatory authority and that:”. AUTHORITY: sections 192.006, RSMo Supp. 1998 and 192.020, 196.190, 196.195, 196.210, 196.220, 196.225, 196.230, 196.235, 196.240, 196.245, 196.250 and 196.265, RSMo 1994.* Original rule filed April 26, 1999, effective Oct. 30, 1999.

*Original authority 192.006, RSMo 1993, amended 1995; 192.020, RSMo 1939, amended 1945, 1951; 196.190, RSMo 1939; 196.195, RSMo 1939; 196.210, RSMo 1939; 196.220, RSMo 1939; 196.225, RSMo 1939, amended 1977; 196.230, RSMo 1939; 196.235, RSMo 1939; 196.240, RSMo 1939; 196.245, RSMo 1939; 196.250, RSMo 1939; and 196.265, RSMo 1939.