TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER c: LONG-TERM CARE FACILITIES
PART 370 COMMUNITY LIVING FACILITIES CODE
SECTION 370.1460 FOOD HANDLING SANITATION


 

Section 370.1460 Food Handling Sanitation

 

a) Every facility that serves more than twenty (20) residents per meal shall comply with the latest edition of the Department's "Food Service Sanitation Rules (77 Ill. Adm. Code 750). Facilities serving twenty (20) or less residents per meal shall comply with the following food sanitation standards:

 

1) Food shall be wholesome and free from spoilage, filth, and other contamination and shall be safe for human consumption. Food shall be obtained from sources that comply with all laws relating to food wholesomeness and identification. Use of home prepared potentially hazardous foods and hermetically sealed, non-acid and low-acid food which has been processed in a place other than a commercial food processing establishment is prohibited.

 

2) Fluid milk and fluid-milk products used or served shall be pasteurized and shall meet the Grade A quality standards as established by law. Dry milk and dry-milk products shall be pasteurized.

 

3) Each container of unshucked shell stock (shellfish, oysters, clams, mussels) shall be identified by an attached tag that states the name of the original shell stock shipper, the kind and quantity of shell stock, and an official certificate number issued according to the law of the jurisdiction of its origin. Fresh and frozen shucked shellfish shall be packed in nonreturnable packages identified with the name and address of the original shell stock shipped, shucker, packer, or repacker, and the official certificate number issued according to the law of the jurisdiction of its origin of the shipper. Shell stock and shucked shellfish shall be kept in the container in which they were received until they are used.

 

4) Only clean whole eggs, with shell intact and without cracks or checks, or pasteurized liquid or pasteurized dry eggs or egg products shall be obtained.

 

b) Food Storage. Food shall be protected at all times, including while being stored, prepared, displayed, served, or transported, from contamination by all agents, including dust, insects, rodents, unclean equipment and utensils, unnecessary handling, coughs and sneezes, flooding, drainage, and overhead leakage or condensation. The temperature of potentially hazardous foods shall be 45 degrees F. or below or 140 degrees F. or above at all times, except as otherwise provided in this Part.

 

1) Stored food, whether raw or prepared, shall be enclosed in a clean, covered container if removed from the immediate container or package in which it was obtained except during necessary periods of preparation or service. Use of a cloth towel as a container cover is prohibited.

 

2) Food shall be stored above the floor on clean surfaces in a way that permits cleaning of the storage area without contamination of the food by splash, dust, or other means. A minimum, unobstructed storage height of six inches above the floor is recommended.

 

3) Food shall not be stored under exposed sewer or leaking water lines.

 

4) Food not subject to further washing or cooking before being served shall be stored in a way that protects it against contamination.

 

5) Packaged food shall not be stored in contact with water or undrained ice except as provided for Section 370.1460(c)(8).

 

6) Unless its identity is unmistakable, bulk food not stored in the labeled container or package in which it was obtained shall be stored in a container labeled to identify the food by common name.

 

7)

 

A) Enough conveniently located refrigeration facilities or effectively insulated facilities shall be provided to assure the maintenance of food at required temperatures during storage. The recommended maximum operating ambient air temperature of cold food storage equipment should be as follows:

 

B) Refrigerator 40 degrees F. Refrigerated (short-term) display case 45 degrees F.

 

8) All cold food storage equipment shall be provided with a numerical indicating thermometer scaled to at least 5 degrees F. increments and accurate to plus or minus 3 degrees F. and so located to measure the air temperature in the warmest part of the facility and located to be easily readable.

 

9) The temperature of potentially hazardous foods requiring refrigeration shall be 45 degrees F. or below except during necessary periods of preparation and service.

 

10) Frozen foods shall be kept frozen and should be stored at a temperature of 0 degrees F. or below until removed from storage for preparation and use.

 

11) Stored ice intended for human consumption shall not be used as a medium for cooling stored food, food containers or food utensils.

 

12) Hot food holding equipment, if used, shall be provided with a numerical indicating thermometer scaled to at least 5 degrees F. increments and accurate to plus or minus 3 degrees F. located in the coolest part of the facility and located to be easily readable.

 

c) Food Preparation and Service. Food shall be prepared with the least possible manual contact, with suitable utensils and on surfaces that prior to use have been cleaned.

 

1) Raw Fruits and Raw Vegetables. Raw fruits and raw vegetables shall be washed thoroughly before being cooked or served.

 

2) Cooking Potentially Hazardous Foods. Potentially hazardous foods requiring cooking shall be rapidly cooked to heat all parts of the food to a temperature of at least 140 degrees F., except that:

 

A) Poultry, poultry stuffings and stuffed meats shall be cooked to heat all parts of the food to at least 165 degrees F. with no interruption of the cooking process.

 

B) Pork and pork products shall be cooked to heat all parts of the food to at least 150 degrees F.

 

C) Rare roast beef shall be cooked to an internal temperature of at least 130 degrees F., and rare beef steaks shall be cooked to a temperature of 130 degrees F. unless otherwise ordered by the immediate consumer.

 

3) Dry Milk and Milk Products. If reconstituted, dry milk and dry milk products may be used in instant desserts and whipped products; for cooking, baking purposes; and for an individually prepared portion of a beverage.

 

4) Liquid, Frozen, Dry Eggs and Egg Products. Liquid, frozen, and dry eggs and egg products shall be used only for cooking and baking purposes.

 

5) Reheating. Potentially hazardous foods that were cooked and then refrigerated shall be heated rapidly to 165 degrees F. or higher throughout before being placed in a hot food storage facility. Steam tables, bainmaries, warmers, and other hot food holding facilities are prohibited for the rapid heating of potentially hazardous foods.

 

6) Reconstitution. Nondairy creaming agents shall not be reconstituted for consumption on the premises in quantities exceeding one pint.

 

7) Product Thermometers. Metal stem-type numerically scaled indicating thermometers accurate to +3 degrees F. shall be provided and used to assure attainment of proper internal cooking temperatures of all potentially hazardous foods.

 

8) Thawing Potentially Hazardous Foods. Potentially hazardous foods shall be thawed:

 

A) In refrigerated units in a way that the temperature of the food does not exceed 45 degrees F.; or

 

B) Under potable running water at a temperature of 70 degrees F. or below, not to exceed two hours with sufficient water velocity to agitate and float off loose food particles into the over-flow; or

 

C) In a microwave oven only when the food will be immediately transferred to conventional cooking facilities as part of a continuous cooking process or when the entire, uninterrupted cooking process takes place in the microwave oven; or

 

D) As part of the conventional cooking process.

 

9) Reuse of Tableware. Reuse of soiled tableware by self-service resident, when returning for additional servings of food is prohibited.

 

10) Ice Dispensing. Ice for residents' use, if approved, shall be dispensed only with scoops, tongs, or other ice-dispensing utensils or through automatic self-service ice-dispensing equipment. Ice-dispensing utensils and ice receptacles shall be stored in a way that protects them and the ice from contamination.

 

11) Milk Dispensing. Milk and milk products for drinking purposes shall be provided to the resident in commercially-filled packages or served from a bulk milk dispenser.

 

12) Re-Serving. Any food once served to a resident shall not be re-served.

 

d) Employee Hygiene and Practice. Employees and residents shall thoroughly wash their hands and the exposed portions of their arms with soap and warm water before starting work, during work as often as is necessary to keep them clean, and after smoking, eating, drinking, or using the toilet. Employees and residents shall keep their fingernails clean and trimmed.

 

1) The outer garments of all persons, including dishwashers, engaged in handling of food or food contact services shall be reasonably clean.

 

2) Employees and residents may consume food only in designated dining areas. Areas shall not be designated as dining areas if consuming food there might result in contamination of other food, equipment, utensils, or other items needing protection.

 

3) Employees and residents shall not use tobacco or other smoking products in any form while engaged in food preparation or service, nor while in any equipment or utensil washing or food preparation areas. Employees shall use tobacco in any form only in designated areas. Areas shall not be designated for that purpose if the use of tobacco might result in the contamination of food, equipment, utensils or other items needing protection.

 

4) Employees and residents shall handle soiled tableware in a way that avoids contamination of their hands.

 

5) Employees and residents shall maintain a high degree of personal cleanliness and shall conform to good hygienic practices.

 

e) Equipment and Utensils. Multi-use equipment and utensils shall be made and repaired with safe, non-toxic materials, including finishing materials, shall be corrosion resistant, non-absorbent, smooth, easily cleanable, and durable under conditions of normal use. Single-service articles shall be made from clean, sanitary, safe, and non-toxic materials, equipment, utensils, and single-service articles shall not impart odors, color, or taste, nor contribute to the contamination of food.

 

1) Solder. If soft solder or hard solder (silver solder) is used, it shall be composed of safe materials and be corrosion resistant.

 

2) Wood. Hard maple or equivalently non-absorbent material that meets the general requirements set forth in the introductory text of this section may be used for cutting blocks, cutting boards, and baker's tables. The use of wood as a food-contact surface under other circumstances is prohibited.

 

3) Plastics. Safe plastic or safe rubber or safe rubber-like materials that, under normal conditions of use, are resistant to scratching, scoring, decomposition, crazing, chipping and distortion, that are of sufficient weight and thickness to permit cleaning and sanitizing by normal dishwashing methods, and which meet the general requirements set forth in the introductory text of this section are permitted for repeated use. The repeated use of equipment and utensils made of materials not meeting the requirements of this section is prohibited.

 

4) Mollusk Shells. The reuse of mollusk and crustacea shells as food containers is prohibited.

 

5) Design and Fabrication. All equipment and utensils, including plasticware, shall be designed and fabricated for durability under conditions of normal use and shall be resistant to denting, buckling, pitting, chipping, and crazing. Food-contact surfaces shall be easily cleanable, smooth, and free of breaks, open seams, cracks, chips, pits, and similar imperfections, and free of difficult-to-clean internal corners and crevices. Cast iron may be used as a food-contact surface only if the surface is heated, such as in grills and skillets. Threads shall be designed to facilitate cleaning; ordinary "V" type threads are prohibited, as food-contact surfaces.

 

6) Lubrication. Equipment containing bearings and gears requiring unsafe lubricants shall be designed and constructed so that the lubricant cannot leak, drip, or be forced onto food-contact surfaces. Only safe lubricants shall be used on equipment designed to receive lubrication of bearings and gears on or within food-contact surfaces.

 

7) Sinks, dish tables, and drain boards shall be self-draining.

 

8) Accessibility. Unless designed for in-place cleaning, food-contact surfaces shall be accessible for cleaning and inspection:

 

A) Without being disassembled; or

 

B) By disassembling without the use of tools; or

 

C) By easy disassembling with the use of only simple tools kept available near the equipment, such as a mallet, a screwdriver, or an open-end wrench.

 

9) In-Place Cleaning. Pipes, tubes, valves, and lines contacting food and intended for in-place cleaning shall be so designed and fabricated that:

 

A) Cleaning solutions can be circulated throughout a fixed system using an effective cleaning regimen; and

 

B) Cleaning solutions will contact all interior food-contact surfaces; and

 

C) The system is self-draining or capable of being completely evacuated.

 

10) Non-Food-Contact Surfaces. Surfaces of equipment not intended for contact with food, but which are exposed to splash or food debris or which otherwise require frequent cleaning, shall be designed and fabricated so as to be smooth, washable, free of unnecessary ledges, projections, or crevices, and readily accessible for cleaning, and shall be of such material and in such repair as to be easily maintained in a clean and sanitary condition.

 

11) Ventilation Hoods. Ventilation hoods and devices shall be designed to prevent grease or condensate from dripping into food or onto food-contact surfaces. Filters or baffles, where used, shall be readily removable for cleaning and reinstallation, or replacement.

 

12) General. Equipment, including ice makers and ice storage equipment, shall not be located under exposed sewer lines, leaking water lines, stairwells, or other sources of contamination.

 

13) Aisles and Working Spaces. Aisles and working spaces between units of equipment and between equipment and walls shall be unobstructed and of sufficient width to permit employees and residents to perform their duties readily without contamination of food or food-contact surfaces by clothing or personal contact.

 

f) Cleaning Frequency. Equipment and utensils shall be cleaned as described below.

 

1) Tableware shall be cleaned after each use.

 

2) Kitchenware and food-contact surfaces of equipment shall be washed and rinsed after each use and following any interruption of operations during which time contamination may have occurred.

 

3) Where equipment and utensils are used for the preparation of potentially hazardous foods on a continuous or production-line basis, utensils and the food-contact surfaces of equipment shall be washed and rinsed at intervals throughout the day on a schedule subject to the approval of the regulatory authority. This schedule shall be based on food temperature, type of food, and amount of food particle accumulation.

 

4) The food-contact surfaces of grills, griddles, and similar cooking devices and the cavities of microwave ovens shall be cleaned and shall be kept free of encrusted grease deposits and other accumulated soil.

 

5) Non-food-contact surfaces of equipment shall be cleaned as often as is necessary to keep the equipment free of accumulation of dust, dirt, food particles, and other debris.

 

g) Wiping Cloths.

 

1) Cloths used during service for wiping food spills on food-contact surfaces shall be clean and used for no other purpose.

 

2) Cloths used for wiping non-food-contact surfaces shall be clean and used for no other purpose. These cloths shall be rinsed frequently.

 

h) Manual Cleaning

Sinks shall be cleaned prior to use. Equipment and utensils shall be pre-flushed or pre-scraped and, when necessary, pre-soaked to remove gross food particles and soil. Equipment and utensils shall be thoroughly washed in a hot detergent solution that is kept clean and then shall be rinsed free of detergent and abrasives.

 

i) Chemical Sanitization. If chemicals are used for sanitizing, they shall not have concentrations higher than the maximum permitted in Appendix B, and a test kit or other device that accurately measures the parts per million concentration of the solution shall be provided and used.

 

j) Dish tables or drain boards of adequate size shall be provided for proper handling of soiled utensils prior to washing and for cleaned utensils and shall be located so as not to interfere with the proper use of the dishwashing facilities.

 

k) Mechanical Cleaning. Cleaning may be done by spray-type or immersion dishwashing machines or by any other type of machine or device if it is demonstrated that it thoroughly cleans equipment and utensils.

 

Such machines and devices shall be properly installed and maintained in good repair. Automatic detergent dispensers and wetting agent dispensers, if any, shall be properly installed and maintained.

 

l) Equipment and utensils shall be flushed or scraped and, when necessary, soaked to remove gross food particles and soil prior to their being cleaned in a dishwashing machine. After flushing, scraping, or soaking, equipment and utensils shall be placed in racks, trays, or baskets, or on conveyors, in a way that food-contact surfaces are subject to the unobstructed application of detergent wash and clean rinse waters and that permits free draining. Clean rinse water shall remove particulate matter and detergent residues. All dishwashing machines shall be thoroughly cleaned at least daily.

 

m) Drying. All equipment, tableware and utensils shall be air-dried.

 

n) Equipment Storage. Equipment, utensils and tableware shall be stored in the following manner.

 

1) Cleaned equipment and utensils shall be handled in a way that protects them from contamination. Spoons, knives and forks shall be touched only by their handles. Cups, glasses and bowls shall be handled without contact with inside surfaces or with surfaces that contact the user's mouth.

 

2) Cleaned utensils, tableware and movable equipment shall be stored above the floor in a clean, dry location in a way that protects them from contamination by splash, dust and other potential contaminates. The food-contact surfaces of fixed equipment shall also be protected from contamination. Equipment and utensils shall not be placed under exposed sewer or leaking water lines.

 

3) Utensils shall be air-dried before being stored or shall be stored in a self-draining position on smooth, non-absorbent, easily cleanable surfaces and/or from suitably constructed hooks or racks.

 

4) Wherever practical, stored utensils shall be covered or inverted. Facilities for the storage of spoons, knives and forks shall be provided and shall be designed to present the handle to the employee or resident.

 

o) Tableware may be set prior to serving a meal when glasses and cups are inverted, and knives, forks and spoons are wrapped or otherwise covered.

 

p)

 

1) Single-service Articles. Single-service articles shall be stored above the floor on clean shelves and in closed containers that protect them from contamination.

 

2) Single-service articles shall be commercially packaged for individual use or shall be available to the resident from a dispenser in a way that prevents contamination of surfaces that may contact food or the user's mouth. Handling of single-service articles in bulk shall be conducted in a way that protects them from contamination. Single-service articles shall be used only once.

 

q) Garbage and Refuse. Garbage and refuse shall be kept in durable fly-proof and rodent-proof containers that do not leak and do not absorb liquids. Plastic bags and high wet strength paper bags may be used to line these containers and may be used for storage inside the food service establishment when protected from insects and rodents.

 

1) Containers. Containers, compactors, and compactor systems shall be easily cleanable, shall be provided with tight-fitting lids, doors, or covers, and shall be kept covered when not in actual use. Drain plugs, where required, shall be in place at all times, except during cleaning.

 

2) There shall be a sufficient number of containers to hold all the garbage and refuse that accumulates.

 

3) All garbage and refuse containers shall be maintained in a sanitary condition and shall be thoroughly cleaned on the inside and outside in a way that does not contaminate food, equipment, utensils, or food preparation areas. Liquid waste from compacting or cleaning of garbage or refuse containers shall be disposed of as sewage.

 

4) Garbage and Refuse Storage. Garbage and refuse on the premises shall be stored in a manner inaccessible to insects and rodents. When stored outside, plastic bags or high wet strength paper bags or bale units containing garbage and refuse must be stored in approved containers.

 

5) Garbage or refuse storage rooms, if used, shall be constructed of easily cleanable, non-absorbent, washable materials, shall be kept clean, shall be insect and rodent proof, and shall be large enough to store the garbage and refuse containers that accumulate.

 

6) Outside storage areas or enclosures shall be large enough to store the garbage and refuse containers that accumulate and shall be kept clean. Garbage and refuse containers and compactor systems located outside shall be stored on or above a smooth surface of non-absorbent material, such as concrete or machine-laid asphalt, that is kept clean, graded to prevent accumulation of liquid waste, and maintained in good repair.

 

7) All garbage and rubbish shall be disposed of daily or at such other frequencies as may be approved by the regulatory authority and in such a manner as to prevent a nuisance.

 

8) Where garbage or combustible rubbish is burned on the premises, an approved incinerator shall be provided, and shall be operated in such a manner as to comply with State and local regulations and so that it does not create a nuisance. Areas around such incinerators shall be kept in a clean and orderly condition.

 

r) Protective Shielding.

Shielding to protect against broken glass falling into food shall be provided for all artificial light fixtures located over or within food storage, preparation, service and display facilities and facilities where utensils are cleaned and stored. Infra-red or other heat lamps shall be protected against breakage by a shield surrounding and extending beyond the bulb, leaving only the face of the bulb exposed.

 

s) Poisons and Toxic Materials. Only those poisonous or toxic materials required to maintain the establishment in a sanitary condition or required for sanitizing of equipment or utensils shall be present in food service establishments.

 

1) Containers of poisonous and/or toxic materials, including insecticides and rodenticides, shall be prominently and distinctly labeled for easy identification of contents and stored in the original container as received from the manufacturer or distributor.

 

2) Poisonous and/or toxic materials shall be stored in cabinets that are used for no other purpose or in a place other than an area where food is stored, prepared, displayed or served and other than an area where clean equipment or utensils are stored. Bactericides and cleaning compounds shall not be stored in the same cabinet or area of a room with insecticides, rodenticides or other poisonous or toxic materials. They may be stored in an area separated from food within the food storage room but shall not be intermingled with food products.

 

3) Bactericides, cleaning compounds or other compounds intended for use on food-contact surfaces shall not be used in a way that leaves a toxic residue on such surfaces, nor in a way that constitutes a hazard to employees.

 

4) Poisonous and/or toxic materials shall not be used in a way that contaminates food, equipment or utensils, nor in a way that constitutes a hazard to employees or other persons, nor in a way other than in full compliance with their labeling.

 

5) Premises (General). Personal medications shall not be stored in food storage, preparation or service areas.

 

6) First-aid supplies shall be stored in a way that prevents them from contaminating food and food-contact surfaces.

 

t) A door shall separate food service operations from any laundry area, except that laundry operations may be conducted in a storage room containing only packaged foods.

 

1) Linen Storage. Clean cloths and napkins shall be stored in a clean place and protected from contamination until used.

 

2) Non-absorbent containers or washable laundry bags shall be provided and damp or soiled linens and clothes shall be kept in them until removed for laundering.

 

3) Cleaning and Equipment Storage. Maintenance and cleaning equipment shall be used and stored in a way that does not contaminate food, utensils, equipment or linen.

 

u) Animals. Live animals, including cats, dogs, birds and turtles, shall be excluded from all food preparation and dining areas. This exclusion does not apply to edible crustacea, shellfish or fish, nor to fish in an aquarium. Police patrol dogs or guide dogs accompanying blind persons shall be permitted in dining areas.