Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 20 - Division of Community and Public Health › Chapter 1 - Food Protection › Section 19 CSR 20-1.025 - Sanitation of Food Establishments

Current through Register Vol. 49, No. 14, July 15, 2024
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 secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
(1) General.
(A) The provisions of the
U.S.
				Department of Health and Human Services Public Health Service Food and Drug
				Administration 1999 Food Code
, U.S. Department of Commerce Technology
				Administration National Technical Information Service, 5285 Port Royal Road,
				Springfield, VA 22161, shall apply and are incorporated by reference subject to
				the following additions, modifications, substitutions or deletions.
(B) Exceptions to the incorporation by
				reference are as follows:
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";
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";
3. Chapter 1-201.10(B)(31)(b)(i) Delete: "A n
				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: "A n 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";
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
				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 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 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";
5. Chapter 1-201.10(B)(31)(c)(viii) Add:
				"Where local codes allow, individual stands in which only foods meeting the
				following conditions are sold, sampled or served: (AA) Non-potentially
				hazardous processed foods, except low acid canned and acidified foods as
				specified in 21 CFR 113 and 114 respectively, including, but not limited to
				breads, cookies, fruit pies, jams, jellies, preserves, fruit butters, honey,
				sorghum, cracked nuts, packaged spices and spice mixes, dry cookie, cake,
				bread, and soup mixes; (BB) The seller is the individual actually producing the
				food or an immediate family member residing in the producer's household with
				extensive knowledge about the food; (CC) The seller only sells, samples or
				serves the food directly to the end consumer; (DD) All processed packaged foods
				bear a label stating the name and address of the manufacturer/processor
				preparing the food, common name of the food, name of all the ingredients in the
				food and a statement that the product is prepared in a kitchen that is not
				subject to inspection by the Department of Health and Senior Services. It is
				recommended that honey manufacturers/processors include this additional
				statement to its label, "Honey is not recommended for infants less than twelve
				(12) months of age"; and (EE) The consumer is informed by a clearly visible
				placard at the sales or service location that the food is prepared in a kitchen
				that is not subject to inspection by the Department of Health and Senior
				Services if the foods specified in Subparagraph 1-201.10(B) (31)(c)(viii)(AA)
				are sold, sampled or served in unpackaged individual portions. The Department
				of Health and Senior Services shall have the final authority in determining
				whether a food is non-potentially hazardous and may enjoin individuals who
				violate the provisions of this section from selling, sampling or serving these
				foods.";
6. Delete Chapter
				1-201.10(B)(51) in its entirety;
7.
				Chapter 1-201.10(B)(52) Delete: "'Permit holder' means the entity that:
A. Is legally responsible for the operation
				of the food establishment such as the owner, the owner's agent, or other
				person; and
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";
8. Chapter 1-201.10(B)(63)(a) Delete the term
				"permit holder" and substitute "operator";
9. Chapter 1-201.10(B)(63)(b) Delete the term
				"permit holder" and substitute "operator";
10. 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";
11. Chapter 1-201.10(B)(93) Modify
				"Warewashing" to "(94)";
12.
				Chapter 1-201.10(B)(94) Modify "Whole-muscle, intact beef" to "(95)";
13. Chapter 2-101.11 Delete the term "permit
				holder." Substitute: "operator";
14. Chapter 2-201.11 Delete the term "permit
				holder." Substitute "operator";
15.
				Delete Chapter 2-301.13 in its entirety;
16. Chapter 2-301.14 Add: "(I) Prior to use
				of gloves";
17. 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";
18.
				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.";
19. Chapter 3-202.11(C) Delete: "60°C
				(140°F):" Substitute: "57°C (135°F):";
20. Chapter 3-304.12(F) Delete: "60°C
				(140°F):" Substitute: "57°C (135°F):";
21. 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:";
22. 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."
23. Chapter 3-401.13 Delete: "60°C
				(140°F):" Substitute: "57°C (135°F):";
24. Chapter 3-403.11(C) Delete: "60°C
				(140°F):" Substitute: "57°C (135°F):";
25. Chapter 3-501.14(A)(1) Delete: "60°C
				(140°F):" Substitute: "57°C (135°F):";
26. Chapter 3-501.16(A) Delete: "60°C
				(140°F):" Substitute: "57°C (135°F):";
27. 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";
28. 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.";
29. Delete inserted page titled: "Current
				Status of Consumer Advisory Language" in its entirety;
30. 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 under-cooked form." Substitute: "If an
				animal food such as beef, eggs, fish, lamb, milk, pork, poultry, or shellfish
				that is raw, under-cooked 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, under-cooked, or not otherwise
				processed to eliminate pathogens.";
31. Chapter 4-204.111(B)(2) Delete: "60°C
				(140°F):" Substitute: "57°C (135°F):":
32. Delete Chapter 4-204.19 in its
				entirety;
33. 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:";
34. 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";
35. Delete Chapter
				4-301.12(C)(5) in its entirety;
36.
				Delete "Chapter 4-301.12(C)(6)" Substitute: "Chapter 4-301.12(C)(5)";
37. Delete Chapter 4-301.12(D) and (E) in
				their entirety;
38. Chapter
				4-602.11(D)(7) Delete: "60°C (140°F):" Substitute: "57°C
				(135°F):";
39. Delete Chapter
				4-603.16(C) in its entirety;
40.
				Chapter 4-603.16(D)(2) Delete: "Wasted" Substitute: "Drained";
41. 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.";
42. 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.";
43.
				Delete Chapter 5-203.15 in its entirety;
44. Delete Chapter 5-205.13 in its
				entirety;
45. 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:";
46. Chapter 6-202.17 Delete: "If located
				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.";
47.
				Chapter 6-404.11 Delete the term "permit holder" and Substitute
				"operator";
48. Delete Chapter 8 in
				its entirety;
49. Delete Annexes
				1-7 in their entirety; and
50.
				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:".