§ 46.261. Preventing contamination from food employees’ hands.

 (a)  Hand washing required. Food employees shall wash their hands as specified in §  46.131 (relating to cleanliness of hands and exposed portions of arms).

 (b)  Hand contact with ready-to-eat food. Except when washing fruits and vegetables as specified in §  46.285 (relating to washing raw fruits and vegetables) or when approved in accordance with subsection (d), 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.

 (c)  Hand contact with food that is not ready-to-eat food. Food employees shall minimize bare hand and arm contact with exposed food that is not in a ready-to-eat form.

 (d)  Approval of bare-hand contact. Food employees may contact ready-to-eat foods with their bare hands if the food facility operator submits a written plan to the Department and the Department provides the food facility operator written approval of the plan. The written plan and related documentation, and the Department’s written approval shall be available at the food facility for use by the person in charge and review by the Department upon request. The written plan shall contain the following:

   (1)  The reason the person-in-charge of the food facility is unable to comply with subsection (b).

   (2)  A provision identifying the public health hazards associated with bare-hand contact specific to the food facility, demonstrating that these hazards are understood by the food facility operator.

   (3)  Verification that the food facility has implemented and is in compliance with all applicable supervision, employee health, personal cleanliness and hygienic practices provisions required under Subchapter B (relating to management and personnel).

   (4)  A provision identifying exposed ready-to-eat foods that will be contacted with bare hands and the procedures and practices which are in place to assure that food employees wash their hands before returning to their work station and that cross-contamination from touching raw foods and ready-to-eat foods is precluded.

   (5)  An effective training plan for food employees.

     (i)   The plan shall emphasize the following subjects addressed in this chapter:

       (A)   Not working when ill.

       (B)   Good hygienic practices and personal cleanliness.

       (C)   Proper handwashing procedures.

       (D)   Safe food preparation procedures.

     (ii)   The training plan shall acknowledge management responsibility for training, specify the program content and training frequency (including refresher training).

   (6)  Documentation demonstrating that paragraph (5)(i) and (ii) are implemented, and are verified by management.

   (7)  An action plan identifying corrective actions to be taken in situations in which the practices and procedures in the written plan are not complied with.

   This section cited in 7 Pa. Code §  46.102 (relating to duties of the person in charge).