Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 590.000 - State Sanitary Code Chapter X:minimum Sanitation Standards For Food Establishments › Section 590.001 - Purpose and Definitions

Current through Register 1525, July 5, 2024
(A)
Adoption of
2013 Food Code
. In
			 addition to the provisions set forth in
			 105 CMR
			 590.001(B)  through
			 590.018, the
			 Department of Public Health hereby adopts and incorporates by reference the
2013 Food Code
(not including Annexes 1 through 8), as amended
			 by the
Supplement to the 2013 Food Code
, (
2013 Food
			 Code
) published by the United States Department of Health and Human
			 Services, Public Health Service, Food and Drug Administration, Washington, D.C.
			 20204 provided, however, that the Department does not adopt those provisions of
			 the
2013 Food Code
, which are specifically stricken or
			 modified by
			 105 CMR
			 590.000.
(B)
FC 1-1 Purpose
.
			 The purpose of
			 105 CMR
			 590.000 is stated within FC 1- 101.10
2013
			 Food Code
, FC 1-102.10 Food Safety, Illness Prevention, and Honest
			 Presentation and FC 1-103.10 Statement.
(C)
Definitions
. For
			 the purposes of
			 105 CMR
			 590.000, the following terms shall have the meanings
			 hereinafter specified. These definitions shall be in addition to or a
			 substitution for the same definition in
2013 Food Code
section
			 FC 1-201.10 entitled Definitions. Citations to the
2013 Food
			 Code
shall be referenced FC followed by the section number
			 (
e.g
., FC 1-201.10).
(1) The
			 following definitions replace, in their entirety, the definition provided for
			 the same term in the
2013 Food Code
:
Adulterated
means the definition in
				M.G.L. c. 94, § 186, as it pertains to food.
Food Employee
means an individual
				working with unpackaged food, food equipment or utensils, or food-contact
				surfaces, with the exception of farm workers handling uncut fruits and
				vegetables, unprocessed honey, pure maple products, or farm fresh eggs which
				are stored and maintained at 45 E F (7.2 E C) or below. This could include the
				owner, individual having supervisory or management duties, person on the
				payroll, family member, volunteer, person performing work under contractual
				agreement, or any other person working in a food establishment. In health care
				facilities, this includes those who set up trays for patients to eat, feed or
				assist patients in eating, give oral medications or give mouth/denture care. In
				daycare operations, schools and long-term care facilities, which are permitted
				food establishments, this includes those who prepare food for clients to eat,
				feed or assist clients in eating or give oral medications.
Food Establishment
.
(1) Food establishment means an operation
			 that:
(a) stores, prepares, packages, serves,
			 vends food directly to the consumer, or otherwise provides food for human
			 consumption 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 not including farm trucks; market;
			 vending location; conveyance used to transport people; institution; food bank;
			 residential kitchen in a bed-and-breakfast operation; residential kitchen for a
			 cottage food operation; and
(b)
			 relinquishes possession of food to a consumer directly, or indirectly through a
			 delivery service such as home delivery of grocery orders or restaurant takeout
			 orders, or delivery service that is provided by common carriers.