Section 615.310  Food Protection

 

a)         In order to protect the citizens within its jurisdiction from contracting and transmitting foodborne diseases, the local health department shall conduct a comprehensive food protection program.

 

b)         The local health department shall undertake the following activities to identify, reduce, and whenever possible, eliminate factors which may cause foodborne illnesses in order to reduce the incidence of foodborne illnesses.

 

1)         Programs shall be conducted in accordance with a local ordinance that incorporates by reference or includes provisions at least as stringent as the Department's Food Service Sanitation Code and Retail Food Store Sanitation Code (77 Ill. Adm. Code 750 and 760) and includes enforcement authority, or in accordance with a written agreement with the Department which designates the local health department as an agent of the Department.

 

2)         Current listings of all food service establishments and retail food stores as defined in the Food Service Sanitation Code or the Retail Food Store Sanitation Code shall be identified and maintained.

 

3)         For each facility, the local health department shall assess the relative risks of causing foodborne illness; classify each facility as category I, category II, category III; and annually verify the classification of each facility.

 

A)        "A Category I facility" is a food establishment that presents a high relative risk of causing foodborne illness based on the large number of food handling operations typically implicated in foodborne outbreaks and/or the type of population served by the facility. The following criteria shall be used to classify facilities as Category I facilities:

 

i)          whenever cooling of potentially hazardous foods occurs as part of the food handling operations at the facility;

 

ii)         when potentially hazardous foods are prepared hot or cold and held hot or cold for more than 12 hours before serving;

 

iii)         if potentially hazardous foods which have been previously cooked and cooled must be reheated;

 

iv)        when potentially hazardous foods are prepared for off-premises service for which time-temperature requirements during transportation, holding and service are relevant;

 

v)         whenever complex preparation of foods, or extensive handling of raw ingredients with hand contact for ready-to-eat foods, occurs as part of the food handling operations at the facility;

 

vi)        if vacuum packaging and/or other forms of reduced oxygen packaging are performed at the retail level; or

 

vii)        whenever serving immunocompromised individuals, where these individuals comprise the majority of the consuming population.

 

B)        A "Category II facility" is a food establishment that presents a medium relative risk of causing foodborne illness based upon few food handling operations typically implicated in foodborne illness outbreaks. The following criteria shall be used to classify facilities as Category II facilities:

 

i)          If hot or cold foods are not maintained at that temperature for more than 12 hours and are restricted to same day service;

 

ii)         If preparing foods for service from raw ingredients uses only minimal assembly; and

 

iii)         foods served at an establishment that require complex preparation (whether canned, frozen, or fresh prepared) are obtained from approved food processing plants, (high risk) food service establishments or retail food stores.

 

C)        A "Category III facility" is a food establishment that presents a low relative risk of causing foodborne illness based upon few or no food handling operations typically implicated in foodborne illness outbreaks. The following criteria shall be used to classify facilities as Category III facilities:

 

i)          only pre-packaged foods are available or served in the facility, and any potentially hazardous foods available are commercially pre-packaged in an approved food processing plant;

 

ii)         only limited preparation of non-potentially hazardous foods and beverages, such as snack foods and carbonated beverages, occurs at the facility; or

 

iii)         only beverages (alcoholic or non-alcoholic) are served at the facility.

 

D)        The Department recognizes that the local health department's experience with a facility is an important factor in assessing the relative risk of foodborne illness for the public.  A local health department may reclassify a facility based upon its experience with the facility (e.g., inspection history, number and frequency of violations and their severity, corrective action, etc.) if, in its opinion, a health hazard will not result from such reclassification or such reclassification will provide better protection for the public.  The basis for this decision must be documented and be available for Department inspection.

 

4)         Facilities shall be inspected at least as often as prescribed by the following schedule.  Inspections of all facilities shall include Hazard Analysis Critical Control Point (HACCP) concepts in accordance with Section 750.10 of the Food Service Sanitation Code.

 

A)        Category I facilities shall receive three inspections per year, or two inspections per year if one of the following conditions is met:

 

i)          a certified food service manager is present at all times the facility is in operation; or

 

ii)         employees involved in food operations receive a HACCP training exercise, in-service training in another food service sanitation area, or attend an educational conference on food safety or sanitation.

 

B)        Category II facilities shall receive one inspection per year.

 

C)        Category III facilities shall receive one inspection every two years.

 

5)         Plan reviews and pre-operational inspections shall be conducted, as appropriate, for new and extensively remodeled facilities.

 

6)         Follow-up inspections, consultation and enforcement actions shall be conducted as necessary to ensure correction of deficiencies and violations of applicable ordinances,  agreements, or rules.

 

7)         A surveillance and control system shall be established to monitor, identify and record instances of foodborne disease; to detect sources of contamination; to establish factors that contribute to outbreaks; and to recommend preventive and control measures and take appropriate action to prevent further spread of disease. Hazardous food shall be identified and its distribution shall be restricted in accordance with procedures that include the following:

 

A)        identification of and prohibition against foods that are unsafe and pose a potential threat to health and safety;

 

B)        hold or embargo authority, criteria for destruction of adulterated or contaminated foods, and notification of recalls;

 

C)        investigation of facilities upon receipt of complaints following events such as fire, natural disaster, and other occurrences which may compromise food safety; and

 

D)        establishment of a system to encourage community reporting of foodborne illness to the local health department, which will notify the Department within 24 hours of occurrence.

 

8)         Information shall be provided to the general public concerning prevention of foodborne illness and describing proper ways for storing, preparing, canning, preserving, and serving food.  Information shall be made available to primary and secondary schools to instruct children regarding food sanitation and personal hygiene as it relates to food safety.

 

9)         A program, which is designed especially for food establishment managers and personnel, shall be provided which describes the proper ways of storing and preparing food and the necessity for reporting illness.

 

10)       Self-evaluation/quality assurance reviews shall be conducted annually to determine compliance with this Section and to evaluate the effectiveness of food protection activities within the jurisdiction of the local health department.

 

11)       A written report of the self-evaluation/review shall be prepared and submitted to the Department annually and shall include the following:

 

A)        number and percent of facilities having operations that frequently contribute to foodborne disease outbreaks (i.e., Category I facilities);

 

B)        number and percent of facilities with identified factors or violations that could contribute to foodborne disease outbreaks;

 

C)        average number of factors or violations per food establishment which could contribute to foodborne illness.

 

c)         Qualified personnel shall be available for the local health department to conduct activities pursuant to this Section.

 

1)         At least one supervisor or training officer shall be standardized and certified biennially in food safety practices and food sanitation by the United States Food and Drug Administration (FDA) certified State Evaluation Officers.

 

2)         New program staff shall complete either a Department-provided or Department-approved initial orientation and training program during the first year of employment.

 

3)         All personnel shall attend at least five hours of Department-approved training each year.  Attendance at either a Department-provided or Department-approved orientation and training program, as required in subsection (c)(2) of this Section, shall fulfill this requirement for the year of attendance.

 

d)         Documentation of activities conducted pursuant to this Section shall be maintained by the local health department for a minimum of five years after the completion of the grant period, and shall be available for review by the Department upon request.

 

(Source:  Amended at 26 Ill. Reg. 421, effective January 1, 2002)