Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 200 - MAINE FOOD CODE (CHAPTER 200 IS A JOINT CHAPTER WITH 01-001, THE DEPARTMENT OF AGRICULTURE, FOOD AND RURAL RESOURCES, CH. 331)
Chapter 2 - MANAGEMENT AND PERSONNEL
Section 144-200-2-1 - SUPERVISION

Universal Citation: 10 ME Code Rules § 144-200-2-1

Current through 2024-38, September 18, 2024

2-101 Responsibility

2-101.11 Assignment.*

(A)Except as specified in ¶ (B) of this section, the Permit Holder shall be the Person in Charge or shall designate a Person in Charge and shall ensure that a Person in Charge is present at the Food or Eating Establishment during all hours of operation.

(B)In a Food or Eating Establishment with two or more separately permitted departments that are the legal responsibility of the same Permit Holder and that are located on the same Premises, the Permit Holder may, during specific time periods when food is not being prepared, packaged, or served, designate a single Person in Charge who is present on the Premises during all hours of operation, and who is responsible for each separately Permitted Food or Eating Establishment on the Premises.

2-102 Knowledge

2-102.11 Demonstration.*

Based on the risks inherent to the Food operation, during inspections and upon request, the Person in Charge shall demonstrate to the Regulatory Authority knowledge of foodborne disease prevention, application of the Hazard Analysis Critical Control Point principles, and the requirements of this Code. The Person in Charge shall demonstrate this knowledge by

(A)Complying with this Code, by having no violations of critical items during the current inspection;

(B)

Being a Certified Food Protection Manager who has shown proficiency of required information through passing a test that is part of an Accredited Program;

(C)

Responding correctly to the inspector's questions as they relate to the specific Food operation. The areas of knowledge include:

1. Describing the relationship between the prevention of foodborne disease and the personal hygiene of a Food Employee;

2. Explaining the responsibility of the Person in Charge for preventing the transmission of foodborne disease by a Food Employee who has a disease or medical condition that may cause foodborne disease;

3. Describing the symptoms associated with the diseases that are transmissible through Food;

4. Explaining the significance of the relationship between maintaining the time and temperature of Potentially Hazardous Food (Time/Temperature Control for Safety Food) and the prevention of foodborne illness;

5. Explaining the Hazards involved in the consumption of raw or undercooked Meat, Poultry, Eggs and Fish.

6. Stating the required Food temperatures and times for safe cooking of Potentially Hazardous Food (Time/Temperature Control for Safety Food) including Meat, Poultry, Eggs, and Fish.

7. Stating the required temperatures and times for the safe refrigerated storage, hot holding, cooling, and reheating of Potentially Hazardous Food (Time / Temperature Control for Safety Food);

8. Describing the relationship between the prevention of foodborne illness and the management and control of the following:

(1) Cross contamination

(2) Hand contact with Ready-To-Eat Foods,

(3) Handwashing,and

(4) Maintaining the Food Establishment in a clean condition and in good repair;

9. Describing Foods identified as Major Food Allergens and the symptoms that a Major Food Allergen could cause in a sensitive individual who has an allergic reaction.

10. Explaining the relationship between Food safety and providing Equipment that is:

(1) Sufficient in number and capacity,and

(2) Properly designed, constructed, located, installed, operated, maintained, and cleaned;

11.Explaining correct procedures for cleaning and Sanitizing Utensils and Food-Contact Surfaces of Equipment;

12. Identifying the source of water used and measures taken to ensure that it remains protected from contamination such as providing protection from backflow and precluding the creation of cross connections;

13. Identifying Poisonous or Toxic Materials in the Food Establishment and the procedures necessary to ensure that they are safely stored, dispensed, used, and disposed of according to Law;

14. Identifying Critical Control Points in the operation from purchasing through sale or service that, when not controlled, may contribute to the transmission of foodborne illness and explaining steps taken to ensure that the points are controlled in accordance with the requirements of this Code;

15. Explaining the details of how the Person in Charge and Food Employees comply with the HACCP Plan if a plan is required by Law, this Code, or an agreement between the Regulatory Authority and the Food Establishment;

16. Explaining the responsibilities, rights, and authorities assigned by this Code to the: Food Employee, Conditional Employee, Person in Charge, and Regulatory Authority.

17. Explaining how the Person in Charge, Food Employees, and Conditional Employees comply with reporting responsibilities and Exclusion or Restriction of Food Employees.

2-102.12 Certified Food Protection Manager

(A)At least one Employeethat has supervisory and management responsibility and the authority to direct and control food preparation and service shall be a Certified FoodProtection Manager who has shown proficiency and required information through passing a test that is part of an Accredited Program. The Regulatory Authority reserves the right to approve another food consultant as the CFPM, in place of an employee, in certain limited circumstances.

(B)This section does not apply to certain types of Food or Eating Establishments deemed by the Regulatory Authority to pose minimal risk of causing, or contributing to, foodborne illness based on the nature of the operation and extent of food preparation.

(C)The following establishments are exempt from the certified food protection manager requirement:

1. Bed and breakfast establishments with 5 rooms or less;

2. Bed and breakfast and lodging establishments that serve a continental breakfast consisting of non-potentially hazardous baked goods, whole fruit or fruit sliced for same-day service, cereal, milk, juice, portion- controlled cream cheese, portioned-controlled peanut butter, and portion-controlled jam or jelly.

3. Temporary eating establishments that operate fewer than 14 days;

4. Establishments that serve or sell non-potentially hazardous pre-packaged foods (non-time/temperature control for safety (TCS) foods);

Establishments that prepare only non-potentially hazardous foods (non-TCS foods);

6. Establishments that heat only commercially processed, potentially hazardous foods (TCS foods) for hot holding. No cooling of potentially hazardous foods (TCS foods);

7. Sporting/ Recreational Camps operating 90 days or less and serving only their own residential guests; and

8. Eating establishments which pose minimal risk of causing, or contributing to, foodborne illness, based on the nature of the operation and the extent of food preparation.

2-102.20 Food Protection Manager Certification

(A)A Certified Food Protection Manager must be a Person in Charge who has demonstrated knowledge of the duties and responsibilitiesof a food protection manager. To qualify as a certified food protection manager, a person must attain certification by a program that is evaluated and listed by a Conference for Food Protection-recognized accrediting agency as conforming to the Conference for Food Protection Standards for Accreditation of Food Protection Manager Certification Programs. These standards are deemed to comply with ¶ 2-102.11(B).

(B)A Food or Eating Establishment that has an Employee that is evaluated and listed by a Conference for Food Protection-recognized accrediting agency as conforming to the Conference for Food Protection Standards for Accreditation of Food Protection Manager Certification Programs is deemed to comply with §2-102.12.

2-103 Duties

2-103.11 Person in Charge.The Person in Charge shall ensure that:

(A)Food or Eating Establishment operations are not conducted in a private home or in a room used as living or sleeping quarters as specified under §6-202.111; unless such establishment is a Bed and Breakfast licensed by the Maine Department of Health and Human Services or a home business licensed by the Maine Department of Agriculture Conservation and Forestry, or any other establishment specifically exempted by Law.

(B)Persons unnecessary to the Food or Eating Establishment operation are not allowed in the Food preparation, Food storage, or Warewashing areas, except that brief visits and tours may be authorized by the Person in Charge, if steps are taken to ensure that exposed Food, clean Equipment, Utensils, and Linens, and unwrapped Single-Service and Single-Use Articles are protected from contamination;

(C)Employees and other Persons such as delivery and maintenance Persons and pesticide applicators entering the Food preparation, Food storage, and Warewashing areas comply with this Code;

(D)Employees are effectively cleaning their hands, by routinely monitoring the Employees' handwashing;

(E)Employees are visibly observing Foods as they are received to determine that they are from Approvedsources, delivered at the required temperatures, protected from contamination, unadulterated, and accurately presented, by routinely monitoring the

(F)Employees' observations and periodically evaluating Foods upon their receipt;

Employees are verifying that Foods delivered to the Food or Eating Establishment during non-operating hours are from approved sources, and are placed into appropriate storage locations, such that they are maintained at the required temperatures, protected from contamination, unadulterated, and accurately presented.

(G)Employees are properly cooking Potentially Hazardous Food (Time/Temperature Control for Safety Food), being particularly careful in cooking those Foods known to cause severe foodborne illness and death, such as eggs and Comminuted Meats, through daily oversight of the Employees' routine monitoring of the cooking temperatures using appropriate temperature measuring devices properly scaled and calibrated as specified under §4-203.11 and ¶ 4-502.11(B);

(H)

Employees are using proper methods to rapidly cool Potentially Hazardous Food (Time/Temperature Control for Safety Food) that are not held hot or are not for consumption within 4 hours, through daily oversight of the Employees' routine monitoring of Food temperatures during cooling;

(I)

Consumers who order raw, or partially cooked Ready-to-Eat Foods of animal origin are informed, as specified under §3-603.11, that the Food is not cooked sufficiently to ensure its safety;

(J)

Employees are properly Sanitizing cleaned multiuse Equipment and Utensils before they are reused, through routine monitoring of solution temperature and exposure time for hot water Sanitizing, and chemical concentration, pH, temperature, and exposure time for chemical Sanitizing;

(K)

Consumers are notified that clean Tableware is to be used when they return to self-service areas such as salad bars and buffets as specified under §3-304.16;

(L)

Except when Approval is obtained from the Regulatory Authority as specified in ¶ 3-301.11(D), Employees are preventing cross-contamination of Ready-to-Eat Food with bare hands by properly using suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing Equipment;

(M)

Employees are properly trained in Food safety including food allergy awareness as it relates to their assigned duties;

(N)

Food Employees and Conditional Employees are informed of their responsibility to report in accordance with Law, to the Person in Charge, information about their health and activities as they relate to diseases that are transmissible through Food, as specified under ¶ 2-201.11(A); and

(O)

Written procedures and plans, where specified by this Code and as developed by the Food or Eating Establishment are maintained and implemented as required.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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