Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 500.000 - Good Manufacturing Practices For Food
Section 500.015 - Supplemental Regulations for Residential Kitchens: Wholesale Sale

Universal Citation: 105 MA Code of Regs 105.500

Current through Register 1531, September 27, 2024

(A) Scope.

(1) Persons who operate a residential kitchen to prepare food for sale at wholesale shall comply with 105 CMR 500.015 in addition to 105 CMR 500.004 through 500.008.

(2) Persons who prepare food in a residential kitchen for sale at retail are subject to 105 CMR 590.000: State Sanitary Code Chapter X - Minimum Sanitation Standards for Food Establishments, and should consult their board of health about any additional requirements and restrictions.

(B) No person shall operate a residential kitchen to prepare food for sale at wholesale without a valid license granted by the Department, or in violation of any of the requirements for residential kitchens specified in 105 CMR 500.000. NOTE that municipal zoning regulations may prohibit residential kitchens in some cities and towns.

(C) Exceptions. Federal regulation sections 21 CFR 110.37(e)(4) and 110.80(b)(3) are not applicable to residential kitchens. Furthermore, 21 CFR Parts 113: Thermally Processed Low-acid Foods and 114: Acidified Foods are not applicable to residential kitchens, because residential kitchens are not permitted to process food in these ways.

(D) Food Preparation and Protection.

(1) Only non-potentially hazardous foods and foods that do not require refrigeration shall be prepared in or distributed from a residential kitchen for sale at wholesale. Ingredients that are potentially hazardous foods, such as milk, cream, and eggs, may be used in food preparation provided that the final product is not a potentially hazardous food.

(2) Food preparation surfaces and areas shall be kept clean.

(3) Residential kitchens are prohibited from undertaking high-risk operations, including but not limited to:
(a) Smoking food as a method of food preservation;

(b) Curing food;

(c) Using food additives or adding components such as vinegar as a method of food preservation or to render a food non-potentially hazardous;

(d) Packaging a food using reduced oxygen packaging;

(e) Operating a molluscan shellfish life-support system;

(f) Slaughtering or processing animals; and

(g) Canning low-acid foods.

(4) Residential kitchen workers may not contact exposed, ready-to-eat food with their bare hands but shall use suitable utensils such as deli tissue, spatulas, tongs, single-use non-latex gloves, or dispensing equipment.

(5) Fruits and vegetables shall be washed before use.

(E) Who May Work. Only people residing in the household may prepare food for wholesale in a residential kitchen.

(F) General Requirements for Residential Kitchens Preparing Food for Wholesale Sale.

(1) Storage. Separate dry and refrigerated storage facilities shall be utilized for raw ingredients and finished food products.

(2) Hand Washing. A soap dispenser and disposable towels for use in hand washing shall be provided at the kitchen sink. This sink shall not be used for hand washing after toilet use but may be used for food preparation and ware washing provided that it is cleaned and sanitized prior to use and between different uses.

(3) Toilet Room. A toilet room shall be available for use by food workers. Toilet rooms opening to the kitchen shall have adequate ventilation. Ventilation shall be provided by mechanical means or by a screened window(s). A soap dispenser and disposable towels shall be provided for hand washing in toilet rooms used by food workers.

(4) Manual Cleaning and Sanitizing. For manual cleaning and sanitizing of cooking equipment, utensils, and tableware, three-compartment sinks shall be provided and used; or a two-compartment sink may be used when an approved detergent sanitizer is used in accordance with manufacturer's instructions. The strength of the sanitizer must be measured in accordance with manufacturer's instructions.

(5) Mechanical Cleaning and Sanitizing. A domestic or home-style dishwasher may be used provided that the following performance criteria are met:
(a) The dishwasher must effectively remove physical soil from all surfaces of dishes, equipment, and utensils.

(b) The operator shall provide and use daily a maximum registering thermometer or a heat thermal label to determine that the dishwasher's internal temperature is a minimum of 150° F after the final rinse and drying cycle. Records of this testing shall be kept on file for 90 days.

(c) The dishwasher must be installed and operated according to the manufacturer's instructions for the highest level of sanitization possible when sanitizing residential kitchen facilities' utensils and tableware, and a copy of the instructions must be available on the premises at all times.

(d) There shall be sufficient area or facilities such as portable dish tubs and drain boards for the proper handling of soiled utensils prior to washing and of cleaned utensils after sanitization, so as not to interfere with safe food handling, hand washing, and the proper use of ware washing facilities. Equipment, utensils, and tableware shall be heat-dried or air-dried.

(6) Premises.
(a) There shall be adequate storage and preparation areas on the premises to support food preparation activities in the kitchen. All such areas shall be kept clean.

(b) Pets may be present on the premises, but shall be kept out of food preparation areas during food preparation and out of food storage areas at all times.

(c) Laundry facilities may be present in the kitchen, but shall not be used during food preparation.

(d) Cooking facilities in the kitchen shall not be used for domestic purposes during preparation of food for wholesale.

(e) Garbage Receptacles. A sufficient supply of impervious covered receptacles shall be provided for storage of garbage and refuse.

(f) Water Supply. A sufficient supply of hot and cold water under pressure shall be provided to food preparation areas and toilets, and shall be from an approved source of water as provided in 105 CMR 500.005(D).

(g) Sewage. Sewage shall be disposed of through an approved system that is:
1. A public sewage treatment facility; or

2. An individual sewage disposal system that is sized, constructed, maintained, and operated according to law.

Disclaimer: These regulations may not be the most recent version. Massachusetts 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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