Subchapter B. MANAGEMENT AND PERSONNEL

§ 46.101. Designation of person in charge.

 The person in charge shall perform the following duties:

   (1)  Ensure that food facility operations are not conducted in a private home where the food facility has not been approved by the Department, or in a room used as living or sleeping quarters as specified in §  46.922(k) (relating to functionality of various physical facilities of a food facility).

   (2)  Ensure that persons unnecessary to the food facility 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, linens and unwrapped single-service and single-use articles are protected from contamination.

   (3)  Ensure that 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 chapter.

   (4)  Routinely monitor employee handwashing to ensure that employees effectively clean their hands.

   (5)  Routinely monitor employee observations and periodically evaluate foods upon receipt to ensure that employees visibly observe 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.

   (6)  Conduct daily oversight of the employees’ routine monitoring of cooking temperatures using appropriate temperature measuring devices properly scaled and calibrated in accordance with § §  46.561 and 46.691(b) (relating to accuracy of temperature measuring devices for food; and utensils and temperature and pressure measuring devices: repair and calibration), to ensure the employees are properly cooking potentially hazardous food, and are being particularly careful in cooking those foods known to cause severe foodborne illness and death, such as eggs and comminuted meats.

   (7)  Conduct daily oversight of the employees’ routine monitoring of food temperatures during cooling, to ensure that employees are using proper methods to rapidly cool potentially hazardous foods that are not held hot or are not for consumption within 4 hours.

   (8)  Ensure that consumers who order raw or partially cooked ready-to-eat foods of animal origin are informed, in accordance with §  46.423 (relating to consumer advisory required with respect to animal-derived foods that are raw, undercooked or not otherwise processed to eliminate pathogens), that the food is not cooked sufficiently to ensure its safety.

   (9)  Routinely monitor solution temperature and exposure time for hot water sanitizing, and chemical concentration, pH, temperature and exposure time for chemical sanitizing, to ensure that employees properly sanitize cleaned multiuse equipment and utensils before they are reused.

   (10)  Ensure that consumers are notified that clean tableware is to be used when they return to self-service areas such as salad bars and buffets, in accordance with §  46.306 (relating to using clean tableware for second portions and refills).

   (11)  Ensure that employees prevent cross contamination of ready-to-eat food with bare hands by properly using suitable utensils, such as deli tissue, spatulas, tongs, single-use gloves or dispensing equipment, or by following a procedure approved under §  46.261(d) (relating to preventing contamination from food employees’ hands).

   (12)  Ensure that employees are properly trained in food safety as it relates to their assigned duties.

EMPLOYEE HEALTH

§ 46.111. Duty to report disease or medical condition.

 (a)  Responsibility of a food facility operator to require reporting. A food facility operator shall require a food employee and a food employee applicant to whom a conditional offer of employment is made to report to the person in charge information about their health and activities as they relate to diseases described in §  46.112 (relating to diseases or medical conditions that must be reported) or diseases that are transmissible through food.

 (b)  Responsibility of a person in charge to report information to Department. The person in charge shall notify the Department that a food employee is diagnosed with an illness due to Salmonella typhi, Shigella spp., Shiga toxin-producing Escherichia coli or hepatitis A virus.

 (c)  Responsibilities of a food employee or food employee applicant. A food employee or a person who applies for a job as a food employee shall report to the person in charge the information specified in this section in a manner that allows the person in charge to prevent the likelihood of foodborne disease transmission. This information includes the date of onset of jaundice or the date of onset of any illness or condition specified in §  46.112.

 A food employee or food employee applicant shall report the following diseases, medical conditions or special circumstances to the person in charge:

   (1)  A diagnosis of an illness due to any of the following:

     (i)   Salmonella typhi.

     (ii)   Shigella spp.

     (iii)   Shiga toxin-producing Escherichia coli.

     (iv)   Hepatitis A virus.

   (2)  A past illness from any of the following:

     (i)   Salmonella typhi within the past 3 months.

     (ii)   Shigella spp. within the past month.

     (iii)   Shiga toxin-producing Escherichia coli within the last month.

     (iv)   Hepatitis A virus.

   (3)  A symptom caused by illness, infection or other source, where that symptom is associated with an acute gastrointestinal illness such as any of the following:

     (i)   Diarrhea.

     (ii)   Fever.

     (iii)   Vomiting.

     (iv)   Jaundice.

     (v)   Sore throat with fever.

   (4)  A lesion containing pus such as a boil or infected wound that is open or draining and is any of the following:

     (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.

     (ii)   On exposed portions of the arms, unless the lesion is protected by an impermeable cover.

     (iii)   On other parts of the body, unless the lesion is covered by a dry, durable, tight-fitting bandage.

   (5)  The food employee or food employee applicant is suspected of causing a confirmed disease outbreak caused by S. typhi, Shigella spp., Shiga toxin-producing Escherichia coli or hepatitis A virus, including an outbreak at an event such as a family meal, church supper or festival because the food employee or applicant prepared food implicated in the outbreak.

   (6)  The food employee or food employee applicant is suspected of being exposed to a confirmed disease outbreak caused by S. typhi, Shigella spp., Shiga toxin-producing Escherichia coli or hepatitis A virus, including an outbreak at an event such as a family meal, church supper or festival because the food employee or applicant did either of the following:

     (i)   Consumed food implicated in the outbreak.

     (ii)   Consumed food at the event prepared by a person who is infected or ill with the infectious agent that caused the outbreak or who is suspected of being a shedder of the infectious agent.

   (7)  The food employee or food employee applicant lives in the same household as a person who is diagnosed with a disease caused by S. typhi, Shigella spp., Shiga toxin-producing Escherichia coli or hepatitis A virus, and knows of that diagnosis.

   (8)  The food employee or food employee applicant lives in the same household as a person who attends or works in a setting where there is a confirmed disease outbreak caused by S. typhi, Shigella spp., Shiga toxin-producing Escherichia coli or hepatitis A virus, and knows of that outbreak.

 (a)  General exclusions and restrictions. A person in charge shall impose the following exclusions and restrictions:

   (1)  Exclude a food employee from a food facility if the food employee is diagnosed with an infectious agent specified in §  46.112(1) (relating to diseases or medical conditions that must be reported).

   (2)  Restrict a food employee from working with exposed food; clean equipment, utensils, linens and unwrapped single-service and single-use articles, in a food facility if the food employee is either of the following:

     (i)   Experiencing a symptom specified in §  46.112(3) or (4).

     (ii)   Not experiencing a symptom of acute gastroenteritis specified in §  46.112(3), but has a stool that yields a specimen culture that is positive for Salmonella typhi, Shigella spp. or Shiga toxin-producing Escherichia coli.

 (b)  Special exclusions with respect to a food employee who is jaundiced. If a food employee is jaundiced, the person in charge shall exclude the food employee as a food handler until 7 days after the onset of jaundice. If a food employee is jaundiced more than 7 days after onset, the person in charge shall restrict the food employee from working with exposed food and clean equipment, utensils, linens and unwrapped single service and single use articles in a food facility.

 (c)  Special exclusions with respect to a food facility serving a highly susceptible population. If the population served by the food facility is a highly susceptible population, a person in charge shall impose any exclusions or restrictions required under subsection (a) and also exclude a food employee from the food facility if the food employee is any of the following:

   (1)  Experiencing a symptom of acute gastrointestinal illness specified in §  46.112(3) and meets any of the high-risk conditions specified in §  46.112(5), (6), (7) or (8).

   (2)  Is not experiencing a symptom of acute gastroenteritis specified in §  46.112(3), but has a stool that yields a specimen culture that is positive for S. typhi, Shigella spp. or Shiga toxin-producing Escherichia coli.

   (3)  Had a past illness from S. typhi within the last 3 months.

   (4)  Had a past illness from Shigella spp. or Shiga toxin-producing Escherichia coli within the last month.

   (5)  Jaundiced, regardless of the time of onset.

 (a)  Disease or medical condition described in §  46.112(1). A person in charge may not remove an exclusion imposed as a result of a disease or medical condition described in §  46.112(1) (relating to diseases or medical conditions that must be reported) unless the excluded person provides the person in charge written medical documentation specifying that the excluded person may work in an unrestricted capacity in a food facility, including a facility that serves a highly susceptible population, because the person is free of the infectious agent of concern. This documentation shall be from a physician licensed to practice medicine, a licensed nurse practitioner or a licensed physician assistant.

 (b)  Disease or medical condition with respect to which restrictions are imposed under §  46.113(a)(2)(i). A person in charge may not remove a restriction imposed under authority of §  46.113(a)(2)(i) (relating to duty to impose exclusions and restrictions) as a result of a disease or medical condition unless at least one of the following is accurate:

   (1)  The person is free of the symptoms specified in §  46.112(3) and (4), and no foodborne illness occurs that may have been caused by the restricted person.

   (2)  The person is suspected of causing foodborne illness, but both of the following are true:

     (i)   The person is free of the symptoms specified in §  46.112(3) and (4).

     (ii)   The person provides written medical documentation from a physician licensed to practice medicine, a licensed nurse practitioner or a licensed physician assistant stating that the restricted person is free of the infectious agent that is suspected of causing the person’s symptoms or causing foodborne illness.

   (3)  The restricted person provides written medical documentation from a physician licensed to practice medicine, a licensed nurse practitioner or a licensed physician assistant stating that the symptoms experienced result from a chronic noninfectious condition such as Crohn’s disease, irritable bowel syndrome or ulcerative colitis.

 (c)  Disease or medical condition with respect to which restrictions are imposed under authority of §  46.113(a)(2)(ii). A person in charge may not remove a restriction imposed as a result of a disease or medical condition imposed under authority of §  46.113(a)(2)(ii) unless the restricted person provides written medical documentation from a physician licensed to practice medicine, a licensed nurse practitioner or a licensed physician assistant that indicates the restricted person’s stools are free from Salmonella typhi, Shigella spp. or Shiga toxin-producing Escherichia coli—whichever is the infectious agent of concern.

 (d)  Disease or medical condition with respect to which exclusions or restrictions are imposed under authority of §  46.113(b). A person in charge may not remove an exclusion or restriction imposed as a result of a disease or medical condition described in §  46.113(b) unless the excluded or restricted person provides written medical documentation from a physician licensed to practice medicine, a licensed nurse practitioner or a licensed physician’s assistant that specifies that the person is free of hepatitis A virus.

 (e)  Disease or medical condition with respect to which exclusions are imposed under authority of §  46.113(c). A person in charge may not remove an exclusion imposed with respect to a food facility serving a highly susceptible population as a result of a disease or medical condition described in §  46.113(c) unless the restricted person provides written medical documentation from a physician licensed to practice medicine, a licensed nurse practitioner or a licensed physician’s assistant that states, as applicable, that the person is:

   (1)  Free of the infectious agent of concern.

   (2)  Free of jaundice, if hepatitis A virus is the infectious agent of concern.

   (3)  Experiencing symptoms resulting from a chronic noninfectious condition such as Crohn’s disease, irritable bowel syndrome or ulcerative colitis.

PERSONAL CLEANLINESS

§ 46.131. Cleanliness of hands and exposed portions of arms.

 (a)  Responsibility of food employees. Food employees shall keep their hands and exposed portions of their arms clean.

 (b)  Cleaning procedure.

   (1)  General procedure. Except as specified in paragraph (2), food employees shall clean their hands and exposed portions of their arms (or 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 in §  46.822(b) (relating to design, construction and installation of plumbing systems) by using the following cleaning procedure:

     (i)   Create vigorous friction on the surfaces of the lathered fingers, finger tips, areas between the fingers, hands and arms (or by vigorously rubbing the surrogate prosthetic devices for hands and arms) for at least 10—15 seconds.

     (ii)   Thoroughly rinse under clean running, warm water.

     (iii)   Immediately follow the rinse with thorough drying of cleaned hands and arms (or surrogate prosthetic devices) using a method specified in §  46.941(c) (relating to handwashing facilities: numbers and capacities).

     (iv)   Employees shall pay particular attention to the areas underneath the fingernails and between the fingers during this cleaning procedure.

   (2)  Alternative procedure. An automatic handwashing facility may be used by food employees to clean their hands if the facility is approved and capable of removing the types of soils encountered in the food operations involved.

 Food employees shall clean their hands and exposed portions of their arms as specified in §  46.131 (relating to cleanliness of hands and exposed portions of arms) as follows:

   (1)  Immediately before engaging in food preparation activities such as working with exposed food, working with clean equipment and utensils, and working with unwrapped single-service and single-use articles.

   (2)  After touching bare human body parts other than clean hands and clean, exposed portions of arms.

   (3)  After using the toilet room.

   (4)  After caring for or handling service animals or aquatic animals as specified in §  46.153(b) (relating to animals).

   (5)  Except as specified in §  46.151(a)(2) (relating to food contamination prevention), after coughing, sneezing, using a handkerchief or disposable tissue, using tobacco, eating or drinking.

   (6)  After handling soiled equipment or utensils.

   (7)  During food preparation, as often as necessary to remove soil and contamination and to prevent cross contamination when changing tasks.

   (8)  When switching between working with raw food and working with ready-to-eat food.

   (9)  Before donning gloves for working with food.

   (10)  After engaging in other activities that contaminate the hands.

 (a)  Requirements. A hand sanitizer and a chemical hand sanitizing solution used as a hand dip shall:

   (1)  Comply with one or more of the following:

     (i)   Be an approved drug that is listed in the most current FDA publication Approved Drug Products with Therapeutic Equivalence Evaluations as an approved drug based on safety and effectiveness.

     (ii)   Have active antimicrobial ingredients that are listed in the most current FDA monograph for OTC (over-the-counter) Health-Care Antiseptic Drug Products as an antiseptic handwash.

   (2)  Comply with one or more of the following:

     (i)   Have components that are exempted from the requirement of being listed in Federal food additive regulations as specified in 21 CFR 170.39 (relating to threshold of regulation for substances used in food-contact articles).

     (ii)   Comply with, and be listed in, one or more of the following:

       (A)   21 CFR 178 (relating to indirect food additives: adjuvants, production aids, and sanitizers as regulated for use as a food additive with conditions of safe use).

       (B)   21 CFR 182 (relating to substances generally recognized as safe), 21 CFR 184 (relating to direct food substances affirmed as generally recognized as safe) or 21 CFR 186 (relating to indirect food substances affirmed as generally recognized as safe).

     (iii)   Be limited to situations when use is followed by a thorough hand rinsing in clean water before hand contact with food, or when hand contact with food is avoided by the use of gloves, or where there is no direct contact with food by bare hands.

   (3)  Be applied only to hands that are cleaned as specified in §  46.131(b) (relating to cleanliness of hands and exposed portions of arms).

 (a)  General. Food employees shall keep their fingernails trimmed, filed and maintained so the edges and surfaces are cleanable and not rough.

 Food employees shall wear clean outer clothing to prevent contamination of food, equipment, utensils, linens, single-service articles and single-use articles.

HYGIENIC PRACTICES

§ 46.151. Food contamination prevention.

 (a)  Eating, drinking or using tobacco.

   (1)  General prohibition. An employee may not eat, drink or use any form of tobacco unless the use occurs 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 cannot result. The sole exception to this prohibition is in paragraph (2).

   (2)  Exception for closed beverage containers. A food employee may drink from a closed beverage container if the container is handled to prevent contamination of the following:

     (i)   The employee’s hands.

     (ii)   The container.

     (iii)   Exposed food; clean equipment, utensils and linens; and unwrapped single-service and single-use articles.

 (b)  Discharges from the eyes, nose and mouth. Food employees experiencing persistent sneezing, coughing or a runny nose that causes discharges from the eyes, nose or mouth may not work with exposed food; clean equipment, utensils and linens; or unwrapped single-service or single-use articles.

 (a)  General requirement. Employees shall wear hair restraints such as hats, hair coverings or nets, beard restraints and clothing that covers body hair, that are effectively designed and worn to keep their hair from contacting exposed food; clean equipment, utensils and linens; and unwrapped single-service and single-use articles.

 (a)  Circumstances under which handling of animals is prohibited. 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 §  46.982 (relating to limitations on animals).

 (b)  Circumstances under which handling of animals is permissible. 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 in § §  46.131(b) and 46.132 (relating to cleanliness of hands and exposed portions of arms; and duty of food employees to wash).

   This section cited in 7 Pa. Code §  46.132 (relating to duty of food employees to wash).