Food Code 2009

Food Code 2009

U. S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Health Service
Food and Drug Administration
College Park, MD 20740

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Brief Table of Contents

Expanded Table of Contents

Chapter 1: Purpose and Definitions

1. 1-1 Title, Intent, Scope
   1. 1-101 Title
   2. 1-102 Intent
   3. 1-103 Scope
2. 1-2 Definitions
   1. 1-201 Applicability and Terms Defined

Chapter 2: Management and Personnel

1. 2-1 Supervision
   1. 2-101 Responsibility
   2. 2-102 Knowledge
   3. 2-103 Duties
2. 2-2 Employee Health
   1. 2-201 Responsibilities of Permit Holder, Person in Charge, Food Employees, and Conditional Employees
3. 2-3 Personal Cleanliness
   1. 2-301 Hands and Arms
   2. 2-302 Fingernails
   3. 2-303 Jewelry
   4. 2-304 Outer Clothing
4. 2-4 Hygienic Practices
   1. 2-401 Food Contamination Prevention
   2. 2-402 Hair Restraints
   3. 2-403 Animals

Chapter 3: Food

1. 3-1 Characteristics
   1. 3-101 Condition
2. 3-2 Sources, Specifications, and Original Containers and Records
   1. 3-201 Sources
   2. 3-202 Specifications for Receiving
   3. 3-203 Original Containers and Records
3. 3-3 Protection from Contamination after Receiving
   1. 3-301 Preventing Contamination by Employees
   2. 3-202 Preventing Food and Ingredient Contamination
   3. 3-303 Preventing Contamination from Ice Used as a Coolant
   4. 3-304 Preventing Contamination from Equipment, Utensils, and Linens
   5. 3-305 Preventing Contamination from the Premises
   6. 3-306 Preventing Contamination by Consumers
   7. 3-307 Preventing Contamination from Other Sources
4. 3-4 Destruction of Organisms of Public Health Concern
   1. 3-401 Cooking
   2. 3-402 Freezing
   3. 3-403 Reheating
   4. 3-404 Other Methods
5. 3-5 Limitation of Growth of Organisms of Public Health Concern
   1. 3-501 Temperature and Time Control
   2. 3-502 Specialized Processing Methods
6. 3-6 Food Identity, Presentation, and On-Premises Labeling
   1. 3-601 Accurate Representation
   2. 3-602 Labeling
   3. 3-603 Consumer Advisory
7. 3-7 Contaminated Food
   1. 3-701 Disposition
8. 3-8 Special Requirements for Highly Susceptible Populations
   1. 3-801 Additional Safeguards

Chapter 4: Equipment, Utensils, and Linens

1. 4-1 Materials for Construction and Repair
   1. 4-101 Multiuse
   2. 4-102 Single-Service and Single-Use
2. 4-2 Design and Construction
   1. 4-201 Durability and Strength
   2. 4-202 Cleanability
   3. 4-203 Accuracy
   4. 4-204 Functionality
   5. 4-205 Acceptability
3. 4-3 Numbers and Capacities
   1. 4-301 Equipment
   2. 4-302 Utensils, Temperature Measuring Devices, and Testing Devices
4. 4-4 Location and Installation
   1. 4-401 Location
   2. 4-402 Installation
5. 4-5 Maintenance and Operation
   1. 4-501 Equipment
   2. 4-502 Utensils and Temperature and Pressure Measuring Devices
6. 4-6 Cleaning of Equipment and Utensils
   1. 4-601 Objective
   2. 4-602 Frequency
   3. 4-603 Methods
7. 4-7 Sanitization of Equipment and Utensils
   1. 4-701 Objective
   2. 4-702 Frequency
   3. 4-703 Methods
8. 4-8 Laundering
   1. 4-801 Objective
   2. 4-802 Frequency
   3. 4-803 Methods
9. 4-9 Protection of Clean Items
   1. 4-901 Drying
   2. 4-902 Lubricating and Reassembling
   3. 4-903 Storing
   4. 4-904 Preventing Contamination

Chapter 5: Water, Plumbing, and Waste

1. 5-1 Water
   1. 5-101 Source
   2. 5-102 Quality
   3. 5-103 Quantity and Availability
   4. 5-104 Distribution, Delivery, and Retention
2. 5-2 Plumbing System
   1. 5-201 Materials
   2. 5-202 Design, Construction, and Installation
   3. 5-203 Numbers and Capacities
   4. 5-204 Location and Placement
   5. 5-205 Operation and Maintenance
3. 5-3 Mobile Water Tank and Mobile Food Establishment Water Tank
   1. 5-301 Materials
   2. 5-302 Design and Construction
   3. 5-303 Numbers and Capacities
   4. 5-304 Operation and Maintenance
4. 5-4 Sewage, Other liquid Waste, and Rainwater
   1. 5-401 Mobile Holding Tank
   2. 5-402 Retention, Drainage, and Delivery
   3. 5-403 Disposal Facility
5. 5-5 Refuse, Recyclables, and Returnables
   1. 5-501 Facilities on the Premises
   2. 5-502 Removal
   3. 5-503 Facilities for Disposal and Recycling

Chapter 6: Physical Facilities

1. 6-1 Materials for Construction and Repair
   1. 6-101 Indoor Areas
   2. 6-102 Outdoor Areas
2. 6-2 Design, Construction, and Installation
   1. 6-201 Cleanability
   2. 6-202 Functionability
3. 6-3 Numbers and Capacities
   1. 6-301 Handwashing Sinks
   2. 6-302 Toilets and Urinals
   3. 6-303 Lighting
   4. 6-304 Ventilation
   5. 6-305 Dressing Areas and Lockers
   6. 6-306 Service Sinks
4. 6-4 Location and Placement
   1. 6-401 Handwashing Sinks
   2. 6-402 Toilet Rooms
   3. 6-403 Employee Accommodations
   4. 6-404 Distressed Merchandise
   5. 6-405 Refuse, Recyclables, and Returnables
5. 6-5 Maintenance and Operation
   1. 6-501 Premises, Structures, Attachments, and Fixtures – Methods

Chapter 7: Poisonous or Toxic Materials

1. 7-1 Labeling and Identification
   1. 7-101 Original Containers
   2. 7-102 Working Containers
2. 7-2 Operational Supplies and Applications
   1. 7-201 Storage
   2. 7-202 Presence and Use
   3. 7-203 Container Prohibitions
   4. 7-204 Chemicals
   5. 7-205 Lubricants
   6. 7-206 Pesticides
   7. 7-207 Medicines
   8. 7-208 First Aid Supplies
   9. 7-209 Other Personal Care Items
3. 7-3 Stock and Retail Sale
   1. 7-301 Storage and Display

Chapter 8: Compliance and Enforcement

1. 8-1 Code Applicability
   1. 8-101 Use for Intended Purpose
   2. 8-102 Additional Requirements
   3. 8-103 Variances
2. 8-2 Plan Submission and Approval
   1. 8-201 Facility and Operating Plans
   2. 8-202 Confidentiality
   3. 8-203 Construction Inspection and Approval
3. 8-3 Permit to Operate
   1. 8-301 Requirement
   2. 8-302 Application Procedure
   3. 8-303 Issuance
   4. 8-304 Conditions of Retention
4. 8-4 Inspection and Correction of Violations
   1. 8-401 Frequency
   2. 8-402 Access
   3. 8-403 Report of Findings
   4. 8-404 Imminent Health Hazard
   5. 8-405 Violation of Priority Item or Priority Foundation Item
   6. 8-406 Core Item Violation
5. 8-5 Prevention of Foodborne Disease Transmission by Employees
   1. 8-501 Investigation and Control

Annex 1: Compliance and Enforcement

1. Purpose
2. Explanation
3. Principle
4. Recommendation
5. Parts
   1. 8-6 Constitutional Protection
   2. 8-7 Authority
   3. 8-8 Notices
   4. 8-9 Remedies

Annex 2: References

1. Part 1 United States Code and Code of Federal Regulations
2. Part 2 Bibliography
3. Preface
   1. Chapter 1: Purpose and Definitions
   2. Chapter 2: Management and Personnel
   3. Chapter 3: Food
   4. Chapter 4: Equipment, Utensils, and Linens
   5. Chapter 5: Water Plumbing, and Waste
   6. Chapter 6: Physical Facilities
   7. Chapter 7: Poisonous or Toxic Materials
4. Part 3 Supporting Documents
   1. Voluntary National Retail Food Regulatory Program Standards
   2. FDA Procedures for Standardization and Certification of Retail Food Inspection/Training Officers
   3. Managing Food Safety:  A Manual for the Voluntary Use of HACCP Principles for Operators of Food Service and Retail Establishments
   4. Managing Food Safety:  A Regulator’s Manual for Applying HACCP Principles to Risk-based Retail and Food Service Inspections and Evaluating Voluntary Food Safety Management Systems
   5. Food Establishment Plan Review Guidelines
   6. FDA Report on the Occurrence of Foodborne Illness Risk Factors in Selected Institutional Foodservice, Restaurant, and Retail Food Store Facility Types (2004)
   7. Growing Sprouts in a Retail Food Establishment
   8. Advisories for Retail Processing with Proper Controls and Variances for Product Safety
   9. Evaluation and Definition of Potentially Hazardous Foods
   10. The U.S. Equal Employment Opportunity Commission (EEOC) Guide, "How to Comply with the Americans with Disabilities Act:  A Guide for Restaurants and Other Food Service Employers" October 28, 2004
   11. Guidance for Retail Facilities Regarding Beef Grinding Logs Tracking Supplier Information
   12. Recommended Guidelines for Permanent Outdoor Cooking Establishments, 2003
   13. Comprehensive Guidelines for Food Recovery
   14. Retail Food Protection Program Information Manual: Storage and Handling of Tomatoes, 2007
   15. Retail Food Protection Program Information Manual:  Recommendations to Food  Establishments for Serving or Selling Cut Leafy Greens
   16. Employee Health and Personal Hygiene Handbook
   17. Risk Assessment Process and Spreadsheet to Redesignate Food Code Provisions
   18. Parameters for Determining Inoculated Pack/Challenge Study Protocols
5. Part 4 Food Defense Guidance from Farm to Table
   1. FDA Publications
   2. USDA Publications
   3. Industry Publications
   4. Guidance on Responding to Food Emergencies
   5. Food Defense and Emergency Guidance of Interest to Schools
   6. Defense Guidance of Interest to Consumers

Annex 3: Public Health Reasons/Administrative Guidelines

1. Chapter 1: Purpose and Definitions
2. Chapter 2: Management and Personnel
3. Chapter 3: Food
4. Chapter 4: Equipment, Utensils, and Linens
5. Chapter 5: Water, Plumbing, and Waste
6. Chapter 6: Physical Facilities
7. Chapter 7: Poisonous or Toxic Materials
8. Chapter 8: Compliance and Enforcement

Annex 4: Management of Food Practices – Achieving Active Managerial Control of Foodborne Illness Risk Factors

1. Active Managerial Control
2. Introduction to HACCP
3. The HACCP Principles
4. The Process Approach - A Practical Application of HACCP at Retail to Achieve Active Managerial Control
5. FDA Retail HACCP Manuals
6. Advantages of Using the Principles of HACCP
7. Summary
8. Acknowledgements
9. Resources and References

Annex 5: Conducting Risk-based Inspections

1. Purpose and Scope
2. Risk-based Routine Inspections
3. What is Needed to Properly Conduct a Risk-based Inspection?
4. Risk-based Inspection Methodology
5. Achieving On-site and Long-term Compliance
6. Inspection Form and Scoring
7. Closing Conference
8. Summary

Annex 6: Food Processing Criteria

1. Introduction
2. Reduced Oxygen Packaging
3. Smoking and Curing

Annex 7: Model Forms, Guides, and Other Aids

1. 1) Employee health information
   1. a) Form 1-A Conditional Employee or Food Employee Interview
   2. b) Form 1-B Conditional or Food Employee Reporting Agreement
   3. c) Form 1-C Conditional Employee or Food Employee Medical Referral
   4. d) Form 1-D Application for Bare Hand Contact Procedure
2. 2) Adoption information
   1. a) Form 2-A Adoption by Reference
   2. b) Form 2-B Adoption by Section-by-Section Reference
3. 3) Inspection information
   1. a) Form 3-A Food Establishment Inspection Report
   2. b) Guide 3-B Instructions for Marking the Food Establishment Inspection Report, Including Food Code References for Risk Factors/Interventions and Good Retail Practices
4. 4) Summary information
   1. a) Chart 4-A Summary Chart for Minimum Cooking Food Temperatures and Holding Times Required by Chapter 3
   2. b) Chart 4-B Summary Chart for Minimum Food Temperatures and Holding Times Required by Chapter 3 for Reheating Foods for Hot Holding
   3. c) Chart 4-C Summary Chart – Ready-to-eat, Potentially Hazardous Food (Time/Temperature Control for Safety Food) Date Marking §3-501.17(A) – (E) and Disposition §3-501.18
   4. d) Chart 4-D FDA Food Code Mobile Food Establishment Matrix
   5. e) Summary - Summary of Changes in the FDA Food Code

2009 Recommendations of the
United States Public Health Service
Food and Drug Administration

The Food Code is a model for safeguarding public health and ensuring food is unadulterated and honestly presented when offered to the consumer. It represents FDA's best advice for a uniform system of provisions that address the safety and protection of food offered at retail and in food service.

This model is offered for adoption by local, state, and federal governmental jurisdictions for administration by the various departments, agencies, bureaus, divisions, and other units within each jurisdiction that have been delegated compliance responsibilities for food service, retail food stores, or food vending operations. Alternatives that offer an equivalent level of public health protection to ensure that food at retail and foodservice is safe are recognized in this model.

This guidance represents FDA's current thinking on safeguarding public health and ensuring food is unadulterated and honestly presented when offered to the consumer. It does not create or confer any rights for or on any person and does not operate to bind FDA or the public. This guidance is being issued in accordance with FDA's Good Guidance Practices regulation (21 CFR 10.115; 65 FR 56468; September 19, 2000; revised as of April 1, 2008).

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