1	Updates 2008 Michigan Food Law & Food Code Sponsored by: The Mid-Michigan District Health Department
2	Overview This presentation is an orientation to amendments in Michigan Food Law of 2000. The changes become effective April 1, 2008
3	Approach Change MDA and MMDHD is moving toward a greater degree of Active Managerial Control. Additional guidelines are in Annex 4 of 2005 FDA Food Code Growing focus of facility evaluation/audit vs. a facility inspection
4	Language Change “Evaluations” = It’s not just and an Inspection anymore. An “Evaluation” – a Food Safety Audit, Inspection, or Food Safety and Sanitation Assessment, Evaluations can be announced or unannounced. Identifies violations or verifies compliance with this Act. Evaluations determine the degree of active managerial control over foodborne illness risk factors.
5	Follow-up Inspections There are no significant changes to requirements for follow up inspections. Guidance from MDA will clarify requirements for: Use of photos and phone calls instead of a follow-up inspection Use of documentation submitted from the establishment to document compliance instead of a follow-up inspection. Examples: Logs, Risk Control Plans, Standard Operating Procedures, new menu copy Trade Secret Confidentiality will be provided for qualifying instances
6	Manager Certification By June 30, 2009 all Food Service Establishments must have a certified manager on staff. Why? Intent is for an establishment’s Certified Manager to actively oversee other PIC’s and coordinate an establishment’s efforts towards reducing food borne illness risk factors. Requirement of having a knowledgeable Person In Charge (PIC) present during all hours of operation has not changed.
7	Manager Certification How? A certification must be from a nationally recognized ANSI Certified Exam. Exam must be proctored. Class room attendance is not required but is recommended. Examples include: National Registry Food Safety Professionals National Restaurant Association (ServeSafe) Prometric
8	Manager Certification The Good News? MMDHD already offers one of the nationally recognized courses that prepares you for any of the ANSI certified exams It is free to all of our licensed facilities, excluding STFUs and temporary food establishments (up to 3 people per license per year) Can result in a nationally recognized Manager Certification good for 5 years Contact your local branch office of MMDHD for details on course schedules and availability. You are not required to complete your certification at MMDHD. Any food safety management certificate from an ANSI certified exam will suffice.
9	Consumer Advisory Two methods of meeting consumer advisory requirements: Previous practice, or the consumer advisory can now be reduced to two sentences in one spot on the main menu. STOP! – Before you change a menu, please contact us for menu review!
10	Emergency Operations Food Law Quote: “The Department may recognize Emergency Plans that, if being followed, serve as a means to use temporary alternative procedures for continuity of operation” In an emergency (No power, no water, boil water notice) – The Food Code requires a facility to close, however, an establishment may want to remain open to provide a needed service to the public MMDHD has been providing the MDA’s Emergency Action Plan booklet to all facilities. The Food Law recognizes MDA Emergency Action Plan document or establishment specific emergency plans as a method of staying open, if followed.
11	Emergency Operations So how do I stay open? Use the MDA EAP booklets (also available on-line) to create a facility specific emergency action plan The plan must specify what methods/equipment/procedures you will utilize and how you will control health hazards. Specify key staff and contact information. Submit any new or existing emergency action plans to MMDHD for review and file placement MMDHD must be notified prior to implementing any Emergency Action Plan. You will not be allowed to develop a plan in the midst of an on-going emergency.
12	Major Food Allergen Major Food Allergen – Milk, egg, fish, tree nuts, peanuts, wheat, Shellfish, Soy, or a food ingredient that contains protein derived from the above foods Reflects Nationwide trend of recognition
13	Demonstration of Knowledge Persons in Charge must be able to demonstrate knowledge of major food allergens and symptoms of an allergic reaction to food. Common signs and symptoms of a true food allergy include: Tingling in the mouth Hives, itching, or eczema Swelling of the lips, face, tongue and throat, or other body parts Wheezing, nasal congestion, or trouble breathing Abdominal pain, diarrhea, nausea, or vomiting Dizziness, lightheadedness, or fainting
14	Demonstration of Knowledge Persons in Charge must be able to explain how employees comply with health reporting, exclusions & restrictions. Documentation of your employee health policies is only required in certain situations, but it is highly recommended to have a written policy and to utilize model forms provided in the annex of the 2005 Food Code.
15	Employee Health: The Big 5 Pathogens Food employees and conditional employees shall report to the Person In Charge (P.I.C): A diagnosis of illness due to a Big 5 pathogen Hepatitis A Shigella spp. Salmonella Typhi Enterohemorrhagic or Shiga Toxin-producing Eschericia Coli (E. Coli O157:H7 only in 1999 Code) Norovirus (new addition in 2005 Food Code) Past diagnosis of illness (within past 3 months) due to Salmonella Typhi (Typhoid Fever)
16	Employee Health Permit holder responsibilities The permit holder will need to inform employees of the changes in Michigan’s amended Food Law. If written employee health policies are in place, and/or model employee health forms are used, these will need to be updated. The permit holder shall require food employees and conditional employees to report to the person in charge information about their health and activities as they relate to diseases that are transmissible through food.
17	Employee Health Person in Charge Responsibilities The person in charge shall notify the health department when a food employee is jaundiced or diagnosed with an illness due to a Big 5 pathogen. A person in charge is responsible to exclude or restrict a food employee based on information reported by the employee. Exclusions and restrictions shall be in compliance with 2-201.12 of the 2005 Food Code. Recommended guidance documents for exclusions and restrictions are available in Annex 3 of the 2005 Food Code.
18	Employee Health Exclusions and Restrictions Exclude means to prevent a person from working as an employee in a food establishment or entering a food establishment as an employee. Restrict means to limit the activities of a food employee so that there is no risk of transmitting a disease that is transmissible through food and the food employee does not work with exposed food, clean equipment, utensils and linens, or unwrapped single-service or single-use articles.
19	Employee Health Person in Charge Responsibilities A person in charge shall prohibit a conditional employee from becoming a food employee if the health information provided by the conditional employee is not satisfactory to do so. A conditional employee means a potential food employee to whom a job offer is made, conditional on responses to subsequent medical questions or examinations designed to identify potential food employees who may be suffering from a disease that can be transmitted through food.
20	Employee Health Employee Responsibilities A food employee or conditional employee shall report to the person in charge as required by 2-201.11 of the 2005 Food Code. Food employees and conditional employees shall report the information in a manner that allows the person in charge to reduce the risk of foodborne disease transmission, including providing information, such as date of onset of symptoms and an illness, or of a diagnosis without symptoms.
21	Employee Health Employee Responsibilities A food employee shall comply with the exclusions and restrictions placed upon them, and not return to work until properly reinstated by the Person in Charge, or in certain situations by the health department and a health practitioner.
22	What to report: High risk conditions Food employees and conditional employees shall report to the Person In Charge (P.I.C): A) Exposure to, or being the suspected source, of a confirmed disease outbreak attributable to a Big 5 pathogen, because the employee consumed or prepared the implicated food, or because the employee consumed food at an event prepared by a person infected with a Big 5 pathogen.
23	What to report: High risk conditions B) Exposure by attending or working in a setting where a confirmed disease outbreak occurred attributable to a Big 5 pathogen. C) Exposure by living with an individual who works or attends a setting of a confirmed Big 5 disease outbreak, or the individual has a diagnosis of illness caused by a Big 5 pathogen.
24	What to report: Reportable symptoms As with the 1999 Food Code, food employees shall report certain symptoms to the P.I.C.: Vomiting Diarrhea Jaundice Sore throat with a fever Lesions containing pus that are open and draining Discharges from the eyes, nose, and mouth, such as persistent coughing, sneezing, or watery eyes
25	Employee Health Wrap Up Call your health department sanitarian if you have any questions. Update written policies and forms. It is highly recommended to have a written policy and to utilize the model employee health forms. Norovirus is added to the Big 4 pathogens to create the Big 5.
26	Employee Health Wrap Up Exclusion, restriction and reinstatement are more detailed in the 2005 Food Code than the 1999 Food Code. Due to the amount of detail in the 2005 Food Code exclusions, restrictions, and reinstatement it will not be covered in this presentation. Please visit our website for additional information.
27	Food Temperatures The “temperature danger zone” will now be 135°F to 41°F. The hot holding requirement for PHF/TCS food is now 135^o F. Cooling PHF/TCS food is still a two step process, with a different starting temperature of 135^o F. Cool from 135^o F to 70°F within 2 hours, then from 70°F to 41°F or less within 4 hours. Cooling PHF/TCS food from ambient temperatures is a maximum four hour process. These foods must be cooled from ambient temperature to 41°F or less within four hours. Examples are reconstituted foods and canned tuna.
28	Food Definitions Potentially Hazardous Food (PHF) or Time &Temperature Control for Safety Food (TCS): A food that requires time & temperature control for safety (TCS) to limit pathogenic microorganism growth or toxin formation
29	Food Definitions What are examples of Potentially Hazardous (TCS) Foods..? The usual suspects… Foods of animal origin raw or heat treated Food of plant origin that: Has been heat treated or Raw seed sprouts Cut melons Mixtures of garlic and oil that have not been processed to prevent the growth of pathogens or development of toxins
30	Food Definitions Ready to eat foods = RTE foods Edible without additional preparation to achieve food safety or pathogen control. May receive additional preparation for palatability or culinary purposes. Precooked foods that may be reheated are considered to be ready to eat.
31	Food Definitions What are examples of ready to eat foods? Raw, washed fruit Prepared salad, vegetables Delicatessen products Cooked foods, cooked and then cooled foods Pizza/Sub toppings such as sausage, hamburger, cut tomatoes House made salad dressings Foods may be RTE and potentially hazardous
32	Date Marking What must be date marked? (a review) Ready to eat and, Potentially Hazardous/ TCS and, Held in refrigeration for more than 24 hours Ready-to-eat, potentially hazardous food must be discarded after 7 days including day prepared or opened
33	Date Marking Existing 1999 Food Code compliant date marking systems meet the new 2005 Food Code requirements. Now allows for system variations – a facility must have written policy and follow it, if not, the food is not considered date marked. Policy must be available upon request. Date Marking discard date and time frame requirements have not changed. A policy is required to use preparation dates, calendar dates, days of the week or color-coded marks.
34	Date Marking New Exemptions from Date Marking Select commercially prepared foods packaged by a food processing plant: Deli salads Ham salad, seafood salad, egg salad, pasta salad, potato salad Some cheeses Parmesan, cheddar, romano, monterey jack Cultured dairy products Yogurt, sour cream Others Pickled herring, dried/salted cod shelf stable USDA sausages and meat products Exemption is removed if the product is modified or made “In house”.
35	Date Marking - review If a food is: Ready to eat and, Potentially Hazardous/ TCS and, Held in refrigeration for more than 24 hours, Then the food must be date marked with a consume by date. (*When in Doubt – Date it)
36	Bare Hand Contact Prohibited Due to the changes in the definition of “Ready to Eat Foods”, the list of food products that are prohibited to handle with bare hands has increased. Examples: Raw, washed fruit Prepared salad, vegetables Breads, buns, toast, chips Cooked foods, cooked and then cooled foods Pizza/Sub toppings such as sausage, hamburger, cut tomatoes *If in doubt – wear the gloves, use utensils, or contact MMDHD for clarification
37	Temperature Measuring Devices A temperature measuring device with a suitable small diameter probe that is designed to measure the temperature of thin masses shall be provided and readily accessible to accurately measure the temperature in thin foods such as meat patties and fish fillets. This refers to the need to have on hand, and use, a tip-sensitive thermistor or thermocouple if you work with thin foods. This is a new requirement.
38	Water, Plumbing and Waste A handwashing sink shall be equipped to provide water at a temperature of at least 100^oF. The requirement of the 1999 Food Code was 110^oF.
39	Information Resources The 2005 Food Code is online at: http://www.cfsan.fda.gov/~dms/fc05-toc.html The Michigan Food Law of 2000, as amended can be found online at: http://legislature.mi.gov/doc.aspx?mcl-act-92-of-2000
40	Information Resources A good source of information for the food industry is available on the Michigan Department of Agriculture Website at: http://www.michigan.gov/mda/0,1607,7-125-1568_21390_21391---,00.html
41	MMDHD Food Staff Clinton County
42	MMDHD Food Staff Gratiot County
43	MMDHD Food Staff Montcalm County