Compilation of Rules and Regulations of the State of Georgia
Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE
Chapter 40-7 - FOOD DIVISION REGULATIONS
Subject 40-7-1 - RETAIL FOOD SALES
Rule 40-7-1-.04 - Management and Personnel: Employee Health
Universal Citation: GA Rules and Regs r 40-7-1-.04
Current through Rules and Regulations filed through September 23, 2024
(1) Responsibility of License Holder, Person in Charge, and Conditional Employees.
(a) The LICENSE HOLDER shall require FOOD
EMPLOYEES and EMPLOYEES to report to the PERSON IN CHARGE information about
their health and activities as they relate to diseases that are transmissible
through FOOD. A FOOD EMPLOYEE or CONDITIONAL EMPLOYEE shall report the
information in a manner that allows the PERSON IN CHARGE to reduce the RISK of
foodborne disease transmission, including providing necessary additional
information, such as the date of onset of symptoms and an illness, or of a
diagnosis without symptoms, if the FOOD EMPLOYEE or CONDITIONAL EMPLOYEE:
1. Has any of the following symptoms:
(i)
Vomiting,P
(ii)
Diarrhea,P
(iii)
Jaundice,P
(iv) Sore throat with
fever,P or
(v) A lesion containing pus such as a boil or
infected wound that is open or draining and is:
(I) On the hands or wrists, unless an
impermeable cover such as a finger cot or stall protects the lesion and a
SINGLE-USE glove is worn over the impermeable
cover,P
(II) On exposed portions of the arms,
unless the lesion is protected by an impermeable
cover,P or
(III) On other parts of the body,
unless the lesion is covered by a dry, durable, tight-fitting
bandage;P
2. Has an illness diagnosed by a HEALTH
PRACTITIONER due to:
(i)
Norovirus,P
(ii) Hepatitis A
virus,P
(iii)
Shigella
spp.,P
(iv) SHIGA TOXIN-PRODUCING
ESCHERICHIACOLI,P
(v) Typhoid Fever (caused by
Salmonella Typhi);P or
(vi)
Salmonella
(nontyphoidal);P
3. Had Typhoid fever, diagnosed by a HEALTH
PRACTITIONER, within the past three (3) months, without having received
antibiotic therapy, as determined by a HEALTH
PRACTITIONER;P
4. Has been exposed to, or is the suspected
source of, a CONFIRMED DISEASE OUTBREAK, because the FOOD EMPLOYEE or
CONDITIONAL EMPLOYEE consumed or prepared FOOD implicated in the outbreak, or
consumed FOOD at an event prepared by a PERSON who is infected or ill with:
(i) Norovirus within the past forty-eight
(48) hours of the last exposure,P
(ii) SHIGA TOXIN-PRODUCING
ESCHERICHIA COLI or Shigella spp. within the
past three (3) days of the last exposure,P
(iii) Typhoid fever within the past fourteen
(14) days of the last exposure,P or
(iv) Hepatitis A virus within the past thirty
(30) days of the last exposure;P or
5. Has been exposed by attending
or working in a setting where there is a CONFIRMED DISEASE OUTBREAK, or is
living in the same household as, and has knowledge about, an individual who
works or attends a setting where there is a CONFIRMED DISEASE OUTBREAK, or is
living in the same household as, and has knowledge about, an individual
diagnosed with an illness caused by:
(i)
Norovirus within the past forty-eight (48) hours of the last
exposure,P
(ii) SHIGA TOXIN-PRODUCING
ESCHERICHIA COLI or Shigella spp. within the
past three (3) days of the last exposure,P
(iii) Typhoid fever (caused by
Salmonella Typhi) within the past fourteen (14) days of the
last exposure,P or
(iv) Hepatitis A virus within the past thirty
(30) days of the last exposure.P
(b) The PERSON IN CHARGE
shall notify the DEPARTMENT when a FOOD EMPLOYEE is:
1. Jaundiced,Pf
or
2. Diagnosed with an illness due
to a pathogen as specified under Subparagraphs (a)2(i) - (vi) of this
section.Pf
(c) The PERSON IN CHARGE shall ensure that a
CONDITIONAL EMPLOYEE:
1. Who exhibits or
reports a symptom, or who reports a diagnosed illness as specified under
Subparagraphs (a)1 - 3 of this section, is prohibited from becoming a FOOD
EMPLOYEE until the CONDITIONAL EMPLOYEE meets the criteria for the specific
symptoms or diagnosed illness as specified under
40-7-1-.04(3);P
and
2. Who will work as a FOOD
EMPLOYEE in a FOOD ESTABLISHMENT that serves as a HIGHLY SUSCEPTIBLE POPULATION
and reports a history of exposure as specified under Subparagraphs (a)4 - 5, is
prohibited from becoming a FOOD EMPLOYEE until the CONDITIONAL EMPLOYEE meets
the criteria as specified under
40-7-1-.04(3)(j).P
(d) The PERSON IN CHARGE shall
ensure that a FOOD EMPLOYEE who exhibits or reports a symptom, or who reports a
diagnosed illness or a history of exposure as specified under Subparagraphs
(a)1 - 5 of this section is:
1. EXCLUDED as
specified under
40-7-1-.04(2)(a) -
(c), and Subparagraphs (d)1, (e)1, (f)1, (g)
or (h)1 and in compliance with the provisions specified under
40-7-1-.04(3)(a) -
(h);P or
2. RESTRICTED as specified under
Subparagraphs
40-7-1-.04(2)(d)2, (e)2, (f)2,
(h)2, or
40-7-1-.04(2)(i) or
(j) and in compliance with the provisions
specified under
40-7-1-.04(3)(d) -
(j).P
(e) A FOOD EMPLOYEE or CONDITIONAL
EMPLOYEE shall report to the PERSON IN CHARGE the information as specified
under (a) of this section. Pf
(f) A FOOD EMPLOYEE shall:
1. Comply with an EXCLUSION as specified
under 40-7-1-.04(2)(a) -
(c) and Subparagraphs
40-7-1-.04(2)(d)1, (e)1, (f)1, (g), or
(h)1 and with the provisions specified under
40-7-1-.04(3)(a) -
(h);P or
2. Comply with a RESTRICTION as specified
under Subparagraphs
40-7-1-.04(2)(d)2, (e)2, (f)2, (g),
(h)2, or
40-7-1-.04(2)(h), (i), or
(j) and comply with the provisions specified
under 40-7-1-.04(3)(d) -
(j).P
(2) Exclusions and Restrictions. The PERSON IN CHARGE shall EXCLUDE or RESTRICT a FOOD EMPLOYEE from a FOOD ESTABLISHMENT in accordance with the following:
(a)
Except when the symptom is from a
noninfectious condition, EXCLUDE a FOOD EMPLOYEE if the FOOD EMPLOYEE
is:
1. Symptomatic with vomiting or
diarrhea;P or
2. Symptomatic with vomiting or diarrhea and
diagnosed with an infection from Norovirus, Shigella spp.,
Salmonella (nontyphoidal), or SHIGA TOXIN-PRODUCING E.
COLI.P
(b) EXCLUDE a FOOD EMPLOYEE who is:
1. Jaundiced and the onset of jaundice
occurred within the last seven (7) calendar days, unless the FOOD
EMPLOYEE provides to the PERSON IN CHARGE written medical documentation from a
HEALTH PRACTITIONER specifying that the jaundice is not caused by hepatitis A
virus or other fecal-orally transmitted
infection;P
2. Diagnosed with an infection from hepatitis
A virus within fourteen (14) calendar days from the onset of any illness
symptoms, or within seven (7) calendar days of the onset of
jaundice;P or
3. Diagnosed with an infection from hepatitis
A virus without developing symptoms.P
(c) EXCLUDE a FOOD EMPLOYEE who is
diagnosed with Typhoid fever or reports having had Typhoid fever within the
past three (3) months as specified under Subparagraph
40-7-1-.04(1)(a)3.
P
(d) If a FOOD EMPLOYEE is diagnosed with an
infection from Norovirus and is ASYMPTOMATIC:
1. EXCLUDE the FOOD EMPLOYEE who works in a
FOOD ESTABLISHMENT serving a HIGHLY SUSCEPTIBLE
POPULATION;P or
2. RESTRICT the FOOD EMPLOYEE who works in a
FOOD ESTABLISHMENT not serving a HIGHLY SUSCEPTIBLE
POPULATION.P
(e) If a FOOD EMPLOYEE is diagnosed with an
infection from Shigella spp. and is ASYMPTOMATIC:
1. EXCLUDE the FOOD EMPLOYEE who works in a
FOOD ESTABLISHMENT serving a HIGHLY SUSCEPTIBLE
POPULATION;P or
2. RESTRICT the FOOD EMPLOYEE who works in a
FOOD ESTABLISHMENT not serving a HIGHLY SUSCEPTIBLE
POPULATION.P
(f) If a FOOD EMPLOYEE is diagnosed with an
infection from SHIGA TOXIN-PRODUCING E. COLI, and is
ASYMPTOMATIC:
1. EXCLUDE the FOOD EMPLOYEE who
works in a FOOD ESTABLISHMENT serving a HIGHLY SUSCEPTIBLE
POPULATION;P or
2. RESTRICT the FOOD EMPLOYEE who works in a
FOOD ESTABLISHMENT not serving a HIGHLY SUSCEPTIBLE
POPULATION.P
(g) If a FOOD EMPLOYEE is diagnosed with an
infection from Salmonella (nontyphoidal) and is ASYMPTOMATIC,
RESTRICT the FOOD EMPLOYEE who works in a FOOD ESTABLISHMENT serving a HIGHLY
SUSCEPTIBLE POPULATION or in a FOOD ESTABLISHMENT not serving a HIGHLY
SUSCEPTIBLE POPULATION.P
(h) If a FOOD EMPLOYEE is ill with symptoms
of acute onset of sore throat with fever:
1.
EXCLUDE the FOOD EMPLOYEE who works in a FOOD ESTABLISHMENT serving a HIGHLY
SUSCEPTIBLE POPULATION;P or
2. RESTRICT the FOOD EMPLOYEE who works in a
FOOD ESTABLISHMENT not serving a HIGHLY SUSCEPTIBLE
POPULATION.P
(i) If a FOOD EMPLOYEE is infected with a
skin lesion containing pus such as a boil or infected wound that is open or
draining and not properly covered as specified under Subparagraph
40-7-1-.04(1)(a)1(v),
RESTRICT the FOOD EMPLOYEE.P
(j) If a FOOD EMPLOYEE is exposed to a
foodborne pathogen as specified under Subparagraphs
40-7-1-.04(1)(a)4 (i
- iv) or 40-7-1-.04(1)(a)5 (i
- iv), RESTRICT the EMPLOYEE who works in a FOOD ESTABLISHMENT serving a HIGHLY
SUSCEPTIBLE POPULATION.P
(3) Removal, Adjustment, or Retention of Exclusions and Restrictions. The PERSON IN CHARGE shall adhere to the following conditions when removing, adjusting, or retaining the EXCLUSION or RESTRICTION of a FOOD EMPLOYEE:
(a)
Except when a FOOD EMPLOYEE is diagnosed with Typhoid fever or an
infection from hepatitis A virus:
1.
Reinstate a FOOD EMPLOYEE who was EXCLUDED as specified under Subparagraph
40-7-1-.04(2)(a)1 if
the FOOD EMPLOYEE:
(i) Is ASYMPTOMATIC for at
least twenty-four (24) hours;P or
(ii) Provides to the PERSON IN CHARGE written
medical documentation from a HEALTH PRACTITIONER that states the symptom is
from a noninfectious condition.P
2. If a FOOD EMPLOYEE was
diagnosed with an infection from Norovirus and EXCLUDED as specified under
Subparagraph
40-7-1-.04(2)(a)2:
(i) RESTRICT the FOOD EMPLOYEE, who is
ASYMPTOMATIC for at least twenty-four (24) hours and works in a FOOD
ESTABLISHMENT not serving a HIGHLY SUSCEPTIBLE POPULATION, until the conditions
for reinstatement as specified under Subparagraphs (d)1 or 2 of this section
are met;P or
(ii) Retain the EXCLUSION for the FOOD
EMPLOYEE, who is ASYMPTOMATIC for at least twenty-four (24) hours and works in
a FOOD ESTABLISHMENT that serves a HIGHLY SUSCEPTIBLE POPULATION, until the
conditions for reinstatement as specified under Subparagraphs (d)1 or 2 of this
section are met.P
3. If a FOOD EMPLOYEE was diagnosed with an
infection from Shigella spp. and EXCLUDED as specified under
Subparagraph
40-7-1-.04(2)(a)2:
(i) RESTRICT the FOOD EMPLOYEE, who is
ASYMPTOMATIC for at least twenty-four (24) hours and works in a FOOD
ESTABLISHMENT not serving a HIGHLY SUSCEPTIBLE POPULATION, until the conditions
for reinstatement as specified under Subparagraphs (e)1 or 2 of this section
are met;P or
(ii) Retain the EXCLUSION for the FOOD
EMPLOYEE, who is ASYMPTOMATIC for at least twenty-four (24) hours and works in
a FOOD ESTABLISHMENT that serves a HIGHLY SUSCEPTIBLE POPULATION, until the
conditions for reinstatement as specified under Subparagraphs (e)1 or 2, or
(e)1 and 3(i) of this section are met.P
4. If a FOOD EMPLOYEE was
diagnosed with an infection from SHIGA TOXIN-PRODUCING ESCHERICHIA
COLI and EXCLUDED as specified under Subparagraph
40-7-1-.04(2)(a)2:
(i) RESTRICT the FOOD EMPLOYEE, who is
ASYMPTOMATIC for at least twenty-four (24) hours and works in a FOOD
ESTABLISHMENT not serving a HIGHLY SUSCEPTIBLE POPULATION, until the conditions
for reinstatement as specified under Subparagraphs (f)1 or 2 of this section
are met;P or
(ii) Retain the EXCLUSION for the FOOD
EMPLOYEE, who is ASYMPTOMATIC for at least twenty-four (24) hours and works in
a FOOD ESTABLISHMENT that serves a HIGHLY SUSCEPTIBLE POPULATION, until the
conditions for reinstatement as specified under Subparagraphs (f)1 or 2 are
met.P
5. If a FOOD EMPLOYEE was diagnosed with an
infection from Salmonella (nontyphoidal) and EXCLUDED as
specified under Subparagraph
40-7-1-.04(2)(a)2:
(i) RESTRICT the FOOD EMPLOYEE, who is
ASYMPTOMATIC for at least thirty (30) days until conditions for reinstatement
as specified under Subparagraphs (g)1 or 2 of this section are
met;P or
(ii) Retain the EXCLUSION for the FOOD
EMPLOYEE who is SYMPTOMATIC, until conditions for reinstatement as specified
under Paragraphs (g)1 or (g)2 of this section are
met.P
(b) Reinstate a FOOD EMPLOYEE who was
EXCLUDED as specified under
40-7-1-.04(2)(b) if
the PERSON IN CHARGE obtains APPROVAL from the DEPARTMENT and one of the
following conditions is met;
1. The FOOD
EMPLOYEE has been jaundiced for more than seven (7) calendar
days;P
2. The anicteric FOOD EMPLOYEE has been
symptomatic with symptoms other than jaundice for more than fourteen (14)
calendar days;P or
3. The FOOD EMPLOYEE provides to the PERSON
IN CHARGE written medical documentation from a HEALTH PRACTITIONER stating that
the FOOD EMPLOYEE is free of a hepatitis A virus
infection.P
(c) Reinstate a FOOD EMPLOYEE who was
EXCLUDED as specified under
40-7-1-.04(2)(c) if:
1. The PERSON IN CHARGE obtains APPROVAL from
the DEPARTMENT;P and
2. The FOOD EMPLOYEE provides to the PERSON
IN CHARGE written medical documentation from a HEALTH PRACTITIONER that states
the FOOD EMPLOYEE is free from Typhoid
fever.P
(d) Reinstate a FOOD EMPLOYEE who was
EXCLUDED as specified under Subparagraphs
40-7-1-.04(2)(a)2 or
(d)1 who was RESTRICTED under Subparagraph
40-7-1-.04(2)(d)2 if
the PERSON IN CHARGE obtains APPROVAL from the DEPARTMENT and one of the
following conditions is met:
1. The EXCLUDED
or RESTRICTED FOOD EMPLOYEE provides to the PERSON IN CHARGE written medical
documentation from a HEALTH PRACTITIONER stating that the FOOD EMPLOYEE is free
of a Norovirus infection;P
2. The FOOD EMPLOYEE was EXCLUDED or
RESTRICTED after symptoms of vomiting or diarrhea resolved, and more than
forty-eight (48) hours have passed since the FOOD EMPLOYEE became
ASYMPTOMATIC;P or
3. The FOOD EMPLOYEE was EXCLUDED or
RESTRICTED and did not develop symptoms and more than forty-eight (48) hours
have passed since the FOOD EMPLOYEE was
diagnosed.P
(e) Reinstate a FOOD EMPLOYEE who was
EXCLUDED as specified under Subparagraphs
40-7-1-.04(2)(a)2 or
(e)1 or who was RESTRICTED under Subparagraph
40-7-1-.04(2)(e)2 if
the PERSON IN CHARGE obtains APPROVAL from the DEPARTMENT and one of the
following conditions is met:
1. The EXCLUDED
or RESTRICTED FOOD EMPLOYEE provides to the PERSON IN CHARGE written medical
documentation from a HEALTH PRACTITIONER stating that the FOOD EMPLOYEE is free
of a Shigella spp. infection based on test results showing two
(2) consecutive negative stool specimen cultures that are taken:
(i) Not earlier than forty-eight (48) hours
after discontinuance of antibiotics,P and
(ii) At least twenty-four (24) hours
apart;P
2. The FOOD EMPLOYEE was EXCLUDED or
RESTRICTED after symptoms of vomiting or diarrhea resolved, and more than seven
(7) calendar days have passed since the FOOD EMPLOYEE became
ASYMPTOMATIC;P or
3. The FOOD EMPLOYEE was EXCLUDED or
RESTRICTED and did not develop symptoms and more than seven (7) calendar days
have passed since the FOOD EMPLOYEE was
diagnosed.P
(f) Reinstate a FOOD EMPLOYEE who was
EXCLUDED or RESTRICTED as specified under Subparagraphs
40-7-1-.04(2)(a)2 or
(f)1 or who was RESTRICTED under Subparagraph
40-7-1-.04(2)(f)2 if
the PERSON IN CHARGE obtains APPROVAL from the DEPARTMENT and one of the
following conditions is met:
1. The EXCLUDED
or RESTRICTED FOOD EMPLOYEE provides to the PERSON IN CHARGE written medical
documentation from a HEALTH PRACTITIONER stating that the FOOD EMPLOYEE is free
of an infection from SHIGA TOXIN-PRODUCING ESCHERICHIA COLI
based on test results that show two (2) consecutive negative stool specimen
cultures that are taken:
(i) Not earlier than
forty-eight (48) hours after discontinuance of
antibiotics;P and
(ii) At least twenty-four (24) hours
apart;P
2. The FOOD EMPLOYEE was EXCLUDED or
RESTRICTED after symptoms of vomiting or diarrhea resolved and more than seven
(7) calendar days have passed since the FOOD EMPLOYEE became
ASYMPTOMATIC;P or
3. The FOOD EMPLOYEE was EXCLUDED or
RESTRICTED and did not develop symptoms and more than seven (7) days have
passed since the FOOD EMPLOYEE was
diagnosed.P
(g) Reinstate a food employee who was
EXCLUDED as specified under Subparagraph
40-7-1-.04(2)(a)2 or
who was RESTRICTED as specified under
40-7-1-.04(2)(g) if
the PERSON IN CHARGE obtains APPROVAL from the DEPARTMENTP
and one of the following conditions is met:
1. The EXCLUDED or RESTRICTED FOOD EMPLOYEE
provides to the PERSON IN CHARGE written medical documentation from a HEALTH
PRACTITIONER stating that the FOOD EMPLOYEE is free of a
Salmonella (nontyphoidal) infection based on test results
showing two (2) consecutive negative stool specimen cultures that are taken;
(i) Not earlier than forty-eight (48) hours
after discontinuance of antibiotics,P and
(ii) At least twenty-four (24) hours
apart;P
2. The FOOD EMPLOYEE was RESTRICTED after
symptoms of vomiting or diarrhea resolved and more than thirty (30) days have
passed since the FOOD EMPLOYEE became ASYMPTOMATIC;P
or
3. The FOOD EMPLOYEE was
EXCLUDED or RESTRICTED and did not develop symptoms and more than thirty (30)
days have passed since the FOOD EMPLOYEE was
diagnosed.P
(h) Reinstate a FOOD EMPLOYEE who was
EXCLUDED or RESTRICTED as specified under Subparagraphs
40-7-1-.04(2)(h)1 or
2 if the FOOD EMPLOYEE provides to the PERSON
IN CHARGE written medical documentation from a HEALTH PRACTITIONER stating that
the FOOD EMPLOYEE meets one of the following conditions:
1. Has received antibiotic therapy for
Streptococcus pyogenes infection for more than twenty-four
(24) hours;P
2. Has at least one negative throat specimen
culture for Streptococcus pyogenes
infection;P or
3. Is otherwise determined by a HEALTH
PRACTITIONER to be free of a Streptococcus pyogenes
infection.P
(i) Reinstate a FOOD EMPLOYEE who was
RESTRICTED as specified under
40-7-1-.04(2)(i) if
the skin, infected wound, cut, or pustular boil is properly covered with one of
the following:
1. An impermeable cover such
as a finger cot or stall and a single-use glove over the impermeable cover if
the infected wound or pustular boil is on the hand, finger, or
wrist;P
2. An impermeable cover on the arm if the
infected wound or pustular boil is on the arm;P
or
3. A dry, durable, tight-fitting
bandage if the infected wound or pustular boil is on another part of the
body.P
(j) Reinstate a FOOD EMPLOYEE who was
RESTRICTED as specified under
40-7-1-.04(2)(j) and
was exposed to one of the following pathogens as specified under Subparagraph
40-7-1-.04(2)(a)4 (i
- iv) or 40-7-1-.04(2)(a)5 (i
- iv):
1. Norovirus and one of the following
conditions is met:
(i) More than forty-eight
(48) hours have passed since the last day the FOOD EMPLOYEE was potentially
exposed;P or
(ii) More than forty-eight (48) hours have
passed since the FOOD EMPLOYEE'S household contact became
ASYMPTOMATIC.P
2.
Shigella spp. or SHIGA
TOXIN-PRODUCING ESCHERICHIA COLI and one of the following
conditions is met:
(i) More than three (3)
calendar days have passed since the last day the FOOD EMPLOYEE was potentially
exposed;P or
(ii) More than three (3) calendar days have
passed since the FOOD EMPLOYEE'S household contact became
ASYMPTOMATIC.P
3. Typhoid fever (caused by
Salmonella Typhi) and one of the following conditions is met:
(i) More than fourteen (14) calendar days
have passed since the last day the FOOD EMPLOYEE was potentially
exposed;P or
(ii) More than fourteen (14) calendar days
have passed since the FOOD EMPLOYEE'S household contact became
ASYMPTOMATIC.P
4. Hepatitis A virus and one of the following
conditions is met:
(i) The FOOD EMPLOYEE is
immune to hepatitis A virus infection because of a prior illness from hepatitis
A;P
(ii)
The FOOD EMPLOYEE is immune to hepatitis A virus infection because of
vaccination against hepatitis A;P
(iii) The FOOD EMPLOYEE is immune to
hepatitis A virus infection because of IgG
administration;P
(iv) More than thirty (30) calendar days have
passed since the last day the FOOD EMPLOYEE was potentially
exposed;P
(v) More than thirty (30) calendar days have
passed since the FOOD EMPLOYEE'S household contact became
jaundiced;P or
(vi) The FOOD EMPLOYEE does not use an
alternative procedure that allows bare hand contact with READY-TO-EAT FOOD
until at least thirty (30) days after the potential exposure, as specified in
Subparagraphs (i)4(iv) and
(v) of
this section, and the FOOD EMPLOYEE receives additional training about:
(I) Hepatitis A symptoms and preventing the
transmission of infection,P
(II) Proper handwashing
procedures,P and
(III) Protecting READY-TO-EAT FOOD from
contamination introduced by bare hand
contact.P
O.C.G.A. §§ 26-2-1, et seq.
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