Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 200 - MAINE FOOD CODE (CHAPTER 200 IS A JOINT CHAPTER WITH 01-001, THE DEPARTMENT OF AGRICULTURE, FOOD AND RURAL RESOURCES, CH. 331) › Chapter 2 - MANAGEMENT AND PERSONNEL › Section 144-200-2-1 - SUPERVISION

Current through 2024-29, July 17, 2024
2-101 Responsibility
2-101.11 Assignment.*
(A)Except as specified in ¶ (B) of this
				  section, the Permit Holder 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 or Eating Establishment during all hours of operation.
(B)In a Food or Eating Establishment with two
				  or more separately permitted departments that are the legal responsibility of
				  the same Permit Holder and that are located on the same Premises, the Permit
				  Holder may, during specific time periods when food is not being prepared,
				  packaged, or served, designate a single Person in Charge who is present on the
				  Premises during all hours of operation, and who is responsible for each
				  separately Permitted Food or Eating Establishment on the Premises.
2-102 Knowledge
2-102.11 Demonstration.*
Based on the risks inherent to the Food operation, during
					 inspections and upon request, the Person in Charge shall demonstrate to the
					 Regulatory Authority knowledge of foodborne disease prevention, application of
					 the Hazard Analysis Critical Control Point principles, and the requirements of
					 this Code. The Person in Charge shall demonstrate this knowledge by
(A)Complying with this Code, by having no
				  violations of critical items during the current inspection;
(B)
Being a Certified Food Protection Manager who has shown
					 proficiency of required information through passing a test that is part of an
					 Accredited Program;
(C)
Responding correctly to the inspector's questions as they
					 relate to the specific Food operation. The areas of knowledge include:
1. Describing the relationship between the
				  prevention of foodborne disease and the personal hygiene of a Food
				  Employee;
2. Explaining the
				  responsibility of the Person in Charge for preventing the transmission of
				  foodborne disease by a Food Employee who has a disease or medical condition
				  that may cause foodborne disease;
3. Describing the symptoms associated with
				  the diseases that are transmissible through Food;
4. Explaining the significance of the
				  relationship between maintaining the time and temperature of Potentially
				  Hazardous Food (Time/Temperature Control for Safety Food) and the prevention of
				  foodborne illness;
5. Explaining
				  the Hazards involved in the consumption of raw or undercooked Meat, Poultry,
				  Eggs and Fish.
6. Stating the
				  required Food temperatures and times for safe cooking of Potentially Hazardous
				  Food (Time/Temperature Control for Safety Food) including Meat, Poultry, Eggs,
				  and Fish.
7. Stating the required
				  temperatures and times for the safe refrigerated storage, hot holding, cooling,
				  and reheating of Potentially Hazardous Food (Time / Temperature Control for
				  Safety Food);
8. Describing the
				  relationship between the prevention of foodborne illness and the management and
				  control of the following:
(1) Cross
				  contamination
(2) Hand contact with
				  Ready-To-Eat Foods,
(3)
				  Handwashing,and
(4) Maintaining the
				  Food Establishment in a clean condition and in good repair;
9. Describing Foods
				  identified as Major Food Allergens and the symptoms that a Major Food Allergen
				  could cause in a sensitive individual who has an allergic reaction.
10. Explaining the relationship between Food
				  safety and providing Equipment that is:
(1)
				  Sufficient in number and capacity,and
(2) Properly designed, constructed, located,
				  installed, operated, maintained, and cleaned;
11.Explaining correct procedures for
				  cleaning and Sanitizing Utensils and Food-Contact Surfaces of
				  Equipment;
12. Identifying the
				  source of water used and measures taken to ensure that it remains protected
				  from contamination such as providing protection from backflow and precluding
				  the creation of cross connections;
13. Identifying Poisonous or Toxic Materials
				  in the Food Establishment and the procedures necessary to ensure that they are
				  safely stored, dispensed, used, and disposed of according to Law;
14. Identifying Critical Control Points in
				  the operation from purchasing through sale or service that, when not
				  controlled, may contribute to the transmission of foodborne illness and
				  explaining steps taken to ensure that the points are controlled in accordance
				  with the requirements of this Code;
15. Explaining the details of how the Person
				  in Charge and Food Employees comply with the HACCP Plan if a plan is required
				  by Law, this Code, or an agreement between the Regulatory Authority and the
				  Food Establishment;
16. Explaining
				  the responsibilities, rights, and authorities assigned by this Code to the:
				  Food Employee, Conditional Employee, Person in Charge, and Regulatory
				  Authority.
17. Explaining how the
				  Person in Charge, Food Employees, and Conditional Employees comply with
				  reporting responsibilities and Exclusion or Restriction of Food Employees.