SUBPART A: GENERAL PROVISIONS

SECTION 750.5 INCORPORATED MATERIALS

The following materials are incorporated or referenced in this Part:

a. Salvage Warehouses and Stores for Foods, Alcoholic Liquors, Drugs, Medical Devices and Cosmetics (77 Ill. Adm. Code 725).

b. The Illinois Plumbing Code (77 Ill. Adm. Code 890).

c. Drinking Water Systems Code (77 Ill. Adm. Code 900).

d. Official Methods of Analysis of the Association of Official Analytical Chemists, 15th Edition, published by the Association of Official Analytical Chemists (1990), 111 North Nineteenth Street, Suite 210, Arlington, Virginia 22209.

e. Standard Methods for the Examination of Dairy Products, 15th Edition, published by the American Public Health Association (1989), 1015 Fifteenth Street, N.W., Washington, D.C. 20036.

f. Code of Federal Regulations, published by the Office of the Federal Register, National Archives and Records Administration (1995), U.S. Government Printing Office, Superintendent of Documents, Mail Stop: SSOP, Washington, D.C. 20402-9328

1. 9 CFR 1 (Animals and Animal Products; Animal Welfare, Definition of Terms);

2. 9 CFR 301 (Animals and Animal Products; Mandatory Meat Inspection, Definitions);

3. 9 CFR 318 (Animals and Animal Products; Mandatory Meat Inspection, Entry into official establishments; reinspection and preparation of products); and

4. 9 CFR 381 (Animals and Animal Products; Mandatory Poultry Products Inspection, Poultry products inspection regulations).

(Source: Amended at 20 Ill. Reg. 3210, effective February 5, 1996)

SECTION 750.10 DEFINITIONS

The following definitions shall apply in the interpretation and the enforcement of this Part:

"Acceptable product list" means a list of foods, acceptable to the regulatory authority, which because of their characteristics will present a barrier to the growth of Clostridium botulinum.

"Barrier" means a safety factor of a physical, biological, or chemical nature which inhibits or minimizes the growth of microorganisms including those which may be infectious or toxigenic.

"Beef pattie mix" (or "Beef Patties" if in pattie form) means chopped beef with or without the addition of beef fat as such and/or seasonings.

"Category I facility" means 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. Category I facilities include those where the following operations occur:

cooling of potentially hazardous foods, as part of the food handling operation at the facility;

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

potentially hazardous cooked and cooled foods must be reheated;

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

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;

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

immuno-compromised individuals such as the elderly, young children under age 4 and pregnant women are served, where these individuals comprise the majority of the consuming population.

"Category II facility" means 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. Category II facilities include those where the following operations occur:

hot or cold foods are held at required temperatures for no more than 12 hours and are restricted to same day services;

foods prepared from raw ingredients use only minimal assembly; and

foods 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.

"Category III facility" means 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. Category III facilities include those where the following operations occur:

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

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

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

"Certified food service manager or supervisor" means a person certified in compliance with Section 750.540.

"Cold smoke process" is a smoking process used to apply smoke or a smoke flavor at or below ambient temperature to food products not sufficiently darkened in the original smoking operation.

"Commercially prepared sweet baked goods" means an individually portioned and wrapped, non-potentially hazardous yeast or cake type bread, bun, croissant or roll with or without filling and/or icing.

"Comminuted" means reduced in size by methods including chopping, flaking, grinding or mincing. It includes fish or meat products that are reduced in size and restructured or reformulated, such as gefilte fish, formed roast beef, gyros, ground beef, and sausage; and a mixture of 2 or more types of meat that have been reduced in size and combined, such as sausages made from 2 or more meats.

"Commissary" means a catering establishment, restaurant, or any other place in which food, containers, or supplies are kept, handled, prepared, packaged or stored.

"Controlled atmosphere packaging (CAP)" means an active packaging system which continuously maintains the desired atmosphere within the package throughout the shelf-life of the product. CAP uses an agent to bind or "scavenge" oxygen permeating the package, or a sachet to emit a gas.

"Cook-chill processing" means a process in which a plastic bag is filled with hot cooked food and the air is expelled while the bag is being sealed before being blast or tumble chilled.

"Corrosion-resistant materials" means those materials that maintain their original surface characteristics under prolonged influence of the food to be contacted, the normal use of cleaning compounds and bactericidal solutions, and other conditions-of-use environment.

"Critical control point" means any point or procedure in a specific food processing or packaging operation where loss of control may result in an unacceptable health risk.

"Curing" means the placing in or on edible flesh of approved ingredients, such as a solution or mixture containing chloride and nitrite salts of sodium or potassium, water, sodium erythorbate or ascorbate, sodium phosphates, sweeteners (dextrose and cane sugar) and flavorings.

"Dedicated equipment or personnel" means equipment or personnel reserved solely for the use of one food processing operation to prevent cross-contamination.

"Department" means the Illinois Department of Public Health. "Easily cleanable" means that surfaces are readily accessible and made of such material and finish and so fabricated that residue may be effectively removed by normal cleaning methods.

"Employee" means individuals having supervisory or management duties, and any other person working in a food service establishment.

"Equipment" means stoves, ovens, ranges, hoods, slicers, mixers, meat blocks, tables, counters, refrigerators, sinks, dishwashing machines, steam tables, and similar items other than utensils, used in the operation of a food service establishment.

"Extensively remodeled" means whenever an existing structure is converted for use as a retail food establishment; any structural additions or alterations to existing establishments; changes, modifications and extensions of plumbing systems, excluding routine maintenance.

"Field dressed" means the removal of the visceral organs of an animal following the animal's death in the field.

"Food" means any raw, cooked, or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption.

"Food contact surface" means those surfaces of equipment and utensils with which food normally comes in contact, and those surfaces from which food may drain, drip, or splash back to surfaces normally in contact with food.

"Food employee" means an individual working with unpackaged food, food equipment or utensils, or food-contact surfaces.

"Food processing establishment" means a commercial establishment in which food is manufactured or packaged for human consumption. The term does not include a food service establishment, retail food store, or commissary operation.

"Food service establishment" means any place where food is prepared and intended for, though not limited to, individual portion service, and includes the site at which individual portions are provided. The term includes any such place regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. The term also includes delicatessen type operations that prepare foods intended for individual portion service. The term does not include lodging facilities serving only a continental breakfast, (a continental breakfast is one limited to only coffee, tea, and/or juice and commercially prepared sweet baked goods), private homes or a closed family function where food is prepared or served for individual family consumption, retail food stores or the location of food vending machines. "Full time" means 30 hours per week or the length of time the facility is in operation, whichever is less.

"Game animal" means an animal, the products of which are food, that is not classified as cattle, sheep, swine, or goat in 9 CFR 301 (Mandatory Meat Inspection, Definitions); as poultry in 9 CFR 381 (Mandatory Poultry Products Inspection, Poultry products inspection regulations); as meat in the Illinois Meat and Poultry Act [225 ILCS 650]; or as fish. Game animal includes wild and not domestically raised animals such as reindeer, elk, deer, antelope, water buffalo, bison, rabbit, squirrel, bear, and muskrat; aquatic and nonaquatic birds such as wild ducks and geese, quail, and pheasant; nonaquatic reptiles such as rattlesnakes; and aquatic mammals. It also includes exotic animals as defined in 9 CFR 1 (Animal Welfare, Definition of Terms), such as lion, tiger, leopard, elephant, camel, antelope, anteater, kangaroo and water buffalo, and species of foreign domestic cattle, such as Ankole, Gayal and Yak.

"Ground beef" means chopped or ground beef with or without seasoning and without the addition of beef fat and shall not contain more than 30 percent fat.

"Hamburger" means chopped beef with or without the addition of beef fat and/or seasoning and shall not contain more than 30 percent fat.

"Hazard Analysis Critical Control Point (HACCP) Program" means a comprehensive food safety control plan which includes a step-by-step description of the food processing, packaging and storage procedure including identification of critical control points (CCPs); the food contact surface cleaning and sanitizing procedures; lot identification procedure; and training procedures.

"Hermetically sealed container" means a container designed and intended to be secure against the entry of microorganisms and to maintain the commercial sterility of its content after processing.

"Injected" means manipulating a meat so that infectious or toxigenic microorganisms may be introduced from its surface to its interior through tenderizing with deep penetration or injecting the meat, such as with juices, which may be referred to as injecting, pinning or stitch pumping.

"Kitchenware" means all multi-use utensils other than tableware.

"Law" includes State and local statutes, ordinances, and regulations.

"Lodging facilities" means any hotel, motel, motor inn, lodge, inn or other quarters which provides temporary sleeping facilities open to the public.

"Lot" means unique run of processed or packaged product with a specifically designated date and processing operation.

"Mobile food unit" means a vehicle-mounted food service establishment designed to be readily movable.

"Modified Atmosphere Packaging (MAP)" means a one-time gas-flushing and sealing process. The gas atmosphere within the package after sealing is then allowed to passively change due to factors of container permeability and food product respiration.

"Official Methods of Analysis" means the Official Methods of Analysis of the Association of Official Analytical Chemists, 15th Edition, or Standard Methods for Examination of Dairy Products, 15th Edition, as incorporated in Section 750.5(d) and (e).

"Operational Supervision" means the on-site supervision and management of the food service facility, operations, and employees.

"Packaged" means bottled, canned, cartoned, or securely wrapped.

"Partially defatted beef fatty tissue" means a beef by-product derived from the low temperature rendering (not exceeding 120 degrees Fahrenheit) of fresh beef tissue. Such product shall have a pinkish color and a fresh odor and appearance.

"Person" includes any individual, partnership, corporation, association, or other legal entity.

"Person in charge" means the individual present in a food service establishment who is the apparent supervisor of the food service establishment at the time of inspection. If no individual is the apparent supervisor, then any employee present is the person in charge.

"Potentially hazardous food" means any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, or other ingredients, including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does not include foods which have a pH level of 4.6 or below or a water activity (a[w]) value of 0.85 or less.

"Preservative" means any curing agent or curing accelerator (specific chemical agent which extends the shelf life of the product) which cures, accelerates color fixing or preserves color in meat or poultry products including sodium or potassium nitrate, sodium or potassium nitrite, ascorbic acid, erythorbic acid, glucono delta lactone, sodium ascorbate, sodium erythorbate, citric acid, sodium citrate or sodium benzoate.

"Processing" means to manufacture, compound, intermix or prepare food products for sale or for customer service. "Pushcart" means a non-self-propelled vehicle limited to serving nonpotentially hazardous foods or commissary-wrapped food maintained at proper temperatures, or limited to the preparation and serving of frankfurters.

"Ready-to-eat food" means food that is in a form that is edible without washing, cooking, or additional preparation by the food establishment or the consumer and that is reasonably expected to be consumed in that form. Ready-to-eat food includes:

Unpackaged potentially hazardous food that is cooked to the temperature and time required for specific food under Section 750.180;

Raw, washed, cut fruit and vegetables;

Whole raw fruits and vegetables that are intended for consumption without the need for further washing, such as at a buffet, but excludes whole raw fruits and vegetables offered for retail sale; and

Other food presented for consumption for which further washing or cooking is not required and from which rinds, peels, husks, or shells are removed.

"Reconstituted" means dehydrated food products recombined with water or other liquids.

"Regulatory authority" means the State and/or local enforcement authority or authorities having jurisdiction over the food service establishment.

"Safe materials" means articles manufactured from or composed of materials that may not reasonably be expected to result, directly or indirectly, in their becoming a component or otherwise affecting the characteristics of any food. If materials used are food additives or color additives as defined in section 201(s) or (t) of the Federal Food, Drug, and Cosmetic Act, (21 USC 301 et seq.), they are "safe" only if they are used in conformity with regulations established pursuant to Section 409 or Section 706 of the Act. Other materials are "safe" only if, as used, they are not food additives or color additives as defined in section 201(s) or (t) of the Federal Food, Drug, and Cosmetic Act and are used in conformity with all applicable regulations of the Food and Drug Administration.

"Sanitization" means effective bactericidal treatment by a process that provides enough accumulative heat or concentration of chemicals for enough time to reduce the bacterial count, including pathogens, to a safe level (when those disease organisms which may be present are destroyed so as to prevent transfer) on cleaned food-contact surfaces of utensils and equipment.

"Sealed" means free of cracks or other openings that permit the entry or passage of moisture.

"Showering" means a potable water spray with or without liquid smoke in the smoke house which, depending on when the water spray is applied, maintains humidity, flavors, decreases cooking time, promotes rapid cooling or reduces casing shrinkage.

"Single service articles" means cups, containers, lids, closures, plates, knives, forks, spoons, stirrers, paddles, straws, napkins, wrapping materials, toothpicks, and similar articles intended for one-time, one-person use and then discarded.

"Smoke generator" means a piece of equipment attached or integral to a smoke house which provides smoke to the smoke house, usually by slowly augering sawdust onto a heating element with the resulting smoke being drawn into the smokehouse.

"Smoke house" means a piece of equipment or room sized enclosure used to conduct the smoking process with a smoke source, adequate ventilation, heat and humidity source if necessary, approved plumbing and waste lines if necessary, support structures for the food products to be smoked and a method to determine internal product temperature.

"Smoking" means the process of subjecting meat cuts and other foods to an environment of heat and smoke generated from hardwood, hardwood sawdust, corn cobs or natural liquid smoke that has been transformed into a gaseous state by application of direct heat.

"Special event" means a unique event at a particular location such as a celebration, festival or fundraiser that occurs no more than twice a year.

"Tableware" means multi-use eating and drinking utensils.

"Temporary food service establishment" means food service establishment that operates at a fixed location for a period of time of not more than 14 consecutive days in conjunction with a single event or celebration.

"Utensil" means any implement used in the storage, preparation, transportation, or service of food.

"Voluntary inspection" means an inspection of meat or poultry products that are not subject to the federal or State meat or poultry inspection laws, and for which the federal or State mark of inspection is requested.

(Source: Amended at 22 Ill. Reg. 19009, effective October 1, 1998)

SECTION 750.20 INSPECTIONS AND INSPECTION REPORT

a. All food service establishments are subject to inspection at all times.

b. The operator of the food service establishment shall receive a written report from the regulatory authority at the end of the inspection. The inspection findings shall be reported on the "Retail Food Sanitary Inspection Report", Form IL 482-200 (see Appendix A) or on a report form substantially similar which, includes at a minimum, the same information and addresses all forty-five (45) items.

c. All forty-five (45) items on the inspection report shall be addressed and rated in accordance with the Food Service Sanitation Code, 77 Ill. Adm. Code 750.

d. An alternate scoring system, as approved by the Director and which evaluates all aspects of the Food Service Sanitation Code, may be substituted for the current scoring system of 100 points minus debit points. This may include systems, for example, where each violation rather than each item is assigned a weight, where an additional point value is debited for lack of the required certified food service manager, where critical violations (to be defined) carry a larger than usual point value because of inherent risk, where separate scoring systems are instituted for critical and non-critical violations, or other effective methods which assist the inspector in making an evaluation of the sanitation level in the food establishment.

1. The approval process requires any regulatory authority who seeks to use an alternate scoring system to submit a complete description of the alternate to the Director for consideration. The application/approval process consists of the following:

A. A descriptive statement provided by the applicant shall indicate that the alternate scoring system evaluates all items on the Retail Food Sanitation Inspection Report (Form IL 482-0200) and all sections of the Food Service Sanitation and Retail Food Store Sanitation Codes.

B. A printed example of the proposed alternate scoring system shall be provided.

C. An examination of the applicant's form must show that all other aspects of the form besides the alternate scoring system are still substantially similar to the form found in Appendix A (Form IL 482-0200).

D. Providing the application fulfills subsections (A) through (C) above, notification will be provided by the Director in writing that the alternate scoring system is approved and may be incorporated into the regulatory authority's Retail Food Sanitary Inspection form.

2. The Illinois Department of Public Health method for determining the number of debit points is patterned after the United States Food Drug Administration model. A perfect score is 100 points. Each violation is categorized ("item" number column on the inspection form) and has a corresponding value which is deducted from the 100 point score ("weight" column on the inspection form).

(Source: Added at 13 Ill. Reg. 18888, effective December 1, 1989)

SUBPART B: FOOD SUPPLIES

SECTION 750.100 GENERAL

Food shall be in sound condition, 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 and food labeling. Use of home prepared or hermetically sealed food which has been processed in a place other than a wholesale food processing establishment is prohibited except where it is in compliance with Subpart K, Reduced Oxygen Packaging, of this Part.

(Source: Amended at 16 Ill. Reg. 15995, effective October 1, 1992)

SECTION 750.110 SPECIAL REQUIREMENTS

a. 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.

b. Fresh and frozen shucked shellfish (oysters, clams, or mussels) shall be packed in nonreturnable packages identified with the name and address of the original shell stock processor, shucker/packer, or repacker, and the interstate certification number issued according to the law. Shell stock and shucked shellfish shall be kept in the container in which they were received until they are used. Each container of unshucked shell stock (oysters, clams, or mussels) shall be identified by the attached tag that states the name and address of the original shell stock processor, the repacker or reshipper, the kind and quantity of shell stock, and an interstate certification number issued by the state or foreign shellfish control agency. Each tag affixed to a container of certified shell stock along with its accompanying invoice and each shucked shellfish invoice shall be retained for a period of 90 days and be made available for inspection by the health department.

c. Only clean whole Grade A eggs, with shell intact and without cracks or checks, or pasteurized liquid, frozen, or dry eggs or pasteurized dry egg products shall be used, except that hard boiled peeled eggs, commercially prepared and packaged may be used.

d. Game animals received for sale or service must comply with the criteria specified below.

1. Game animals commercially farm-raised for food shall be raised, slaughtered, and processed under either a routine or voluntary inspection program, as provided below.

A. For a routine (mandatory) inspection program conducted by the United States Department of Agriculture or Illinois Department of Agriculture, the game animals shall be raised, slaughtered and processed according to applicable laws governing meat and poultry.

B. Any voluntary inspection program shall be conducted by the agency that has animal health jurisdiction (the United States Department of Agriculture, Illinois Department of Agriculture or other regulatory agency).

2. Field dressed wild game animals donated under the Good Samaritan Food Donor Act [745 ILCS 50] shall:

A. Receive a postmortem inspection by a veterinarian, veterinarian's designee, professional biologist or other person familiar with the conditions, parasites and diseases of the species, approved by the regulatory agency that has animal health jurisdiction;

B. Have been field dressed and transported according to requirements specified by the regulatory agency that has animal health jurisdiction; and

C. Be processed according to laws governing meat and poultry as determined by the regulatory agency that has animal health jurisdiction and conducts the inspection program.

3. Exotic species of animals, including animals raised for exhibition purposes in a zoo or circus, used for food shall:

A. Be raised, slaughtered and processed under a voluntary or mandatory inspection program; or

i. Receive antemortem and postmortem examination; and

ii. Be slaughtered and processed according to laws governing meat and poultry as determined by the regulatory agency that has animal health jurisdiction and conducts the inspection program.

e. Uninspected, field dressed, wild game served at special events such as wild game dinners shall:

1. Have placards displayed in a conspicuous location throughout the event identifying the food served as uninspected wild game as provided for in the Good Samaritan Food Donor Act [745 ILCS 50].

2. Comply with all other food sanitation requirements specified in this Part.

3. Not be served at institutions and facilities such as nursing homes and hospitals that primarily serve highly suspectible individuals.

f. Each retail food establishment location shall obtain written permission from the appropriate regulatory authority responsible for retail food protection in that jurisdiction before packaging foods in a reduced oxygen atmosphere. Reduced oxygen packaging shall consist of cook-chill processing, vacuum-packaging, modified atmosphere packaging (MAP) or controlled atmosphere packaging (CAP). The request from the retail establishment and approval from the regulator shall be product specific and shall be issued according to the requirements listed in Subpart K of this Part.

g. Every food pre-packaged in advance of retail sale must bear the following information in English on its label:

1. The common and/or usual name of the product;

2. The name, address and zip code of the manufacturer, processor, packer, preparer or distributor;

3. The net contents of the package;

4. A list of ingredients in the order of their predominance by weight with ingredients shown by their common or usual name; and

5. A list of any artificial color, artificial flavor or preservative used.

h. Foods packaged or repackaged by charitable or not-for-profit organizations for distribution to people in need shall bear the common and/or usual name of the product and the name of the distributing organization. A list of ingredients for any multi-ingredient product shall be posted or made available upon request. Prepared, ready-to-eat foods donated by food service establishments to charitable or not-for-profit organizations are exempt from the ingredient listing requirements of this subsection.

i. The processing and labeling of ground meats/poultry and other meat/poultry products shall be done in compliance with Subpart L of this Part.

j. Pasteurized soft serve mix and frozen desserts shall comply with the Standards listed below.

Product Bacterial Standard Plate Count Not More Than
Coliform Determination Not More Than
Storage Temperature
Mix 50,000/ml* 10/ml 41 F
Frozen Dessert - Plain
50,000/ml* 10/m Frozen
Frozen Dessert - Flavored
50,000/ml* 20/ml Frozen

The products shall be tested in accordance with tests and examinations contained in the 15th edition of Official Methods of Analysis of the Association of Official Analytical Chemists or in the 15th edition of Standard Methods for the Examination of Dairy Products.

*Except frozen yogurt with live culture added.

k. Consumer Advisory. Effective July 1, 1996, if a food service establishment offers any raw or under-cooked animal food, such as meat, poultry, eggs or seafood (including shellfish), in ready-to-eat form or offers any ready-to-eat food containing animal food as a raw ingredient, the food service establishment operator shall advise consumers of the presence of such raw or under-cooked animal food and advise consumers of the increased health risk of eating such foods in raw or under-cooked form, especially for certain populations.

1. If entrees or menu items containing such raw or under-cooked animal food (e.g., steak tartare or Caesar salad containing raw unpasteurized eggs) are routinely offered, such consumer advisory shall clearly identify the food item that contains the raw or under-cooked animal food.

2. If a food service establishment does not routinely offer entrees or menu items containing raw or under-cooked animal food, but will serve under-cooked meat, eggs or seafood upon the request of a consumer/patron, a general consumer advisory shall be provided. This advisory does not need to identify the food item that a consumer might request in an under-cooked condition.

3. The required consumer advisory may be in the form of a brochure, deli case or menu advisory, label statement, table tent, placard or other written notification that is visible to patrons. The advisory shall include the following: "The Illinois Department of Public Health advises that eating raw or under-cooked meat, poultry, eggs or seafood poses a health risk to everyone, but especially to the elderly, young children under age 4, pregnant women, and other highly susceptible individuals with compromised immune systems. Thorough cooking of such animal foods reduces the risk of illness."

4. If space permits, any consumer advisory may include additional language such as the following: "For further information, contact your physician or public health department."

5. NOTE: Food service establishments whose primary consumers are highly susceptible individuals, such as nursing homes, hospitals, day care centers and nursery schools, shall not serve raw or under-cooked animal foods (see Section 750.180(b)).

(Source: Amended at 20 Ill. Reg. 3210, effective February 5, 1996)

SECTION 750.120 GENERAL - FOOD PROTECTION

a. At all times, including while being stored, prepared, displayed, served, or transported, food shall be protected from potential contamination, including dust, insects, rodents, unclean equipment and utensils, unnecessary handling, coughs and sneezes, flooding, drainage, and overhead leakage or overhead drippage from condensation. Prior to July 1, 1996, 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. Effective July 1, 1996, the temperature of potentially hazardous foods shall be 41 F or below, or 140 F or above, at all times, except as otherwise provided in this Part. Refrigeration units unable to maintain a product temperature of 41 F may continue to be used until January 1, 2006, provided the product temperature is maintained at 45 F or less at all times and all potentially hazardous foods prepared on-site or opened containers/packages of commercially processed food products are dated and refrigerated for no longer than three days after preparation or opening, respectively. In the event the dated product is not used or sold within 3 days, the product shall be discarded.

b. In the event of a fire, flood, power outage, or similar event that might result in the contamination of food, or that might prevent potentially hazardous food from being held at required temperatures, the person in charge shall immediately contact the regulatory authority. Upon receiving notice of this occurrence, the regulatory authority shall take whatever action that it deems necessary to protect the public health.

(Source: Amended at 20 Ill. Reg. 2171, effective January 20, 1996)

SECTION 750.130 GENERAL - FOOD STORAGE

a. Food, whether raw or prepared, if removed from the container or package in which it was obtained shall be in a clean, covered container except during necessary periods of preparation or service. Container covers shall be impervious and nonabsorbent, except that linens or napkins may be used for lining or covering bread or roll containers. Solid cuts of meat shall be protected by being covered in storage, except that quarters or sides of meat may be hung uncovered on clean sanitized hooks if no food product is stored beneath the meat.

b. Containers of food shall be stored a minimum of six inches above the floor in a manner that protects the food from splash and other contamination, and that permits easy cleaning of the storage area, except that:

1. Metal pressurized beverage containers, and cased food packaged in cans, glass or other waterproof containers need not be elevated when the food container is not exposed to floor moisture.

2. Containers may be stored on dollies, racks or pallets provided such equipment is easily movable.

c. Food and containers of food shall not be stored under exposed or unprotected sewer lines, or water lines, except for automatic fire protection sprinkler heads that may be required by law. The storage of food in toilet rooms or vestibules is prohibited.

d. Food not subject to further washing or cooking before being served shall be stored in a way that protects it against cross-contamination from food requiring washing or cooking.

e. Packaged food shall not be stored in contact with water or undrained ice. Wrapped sandwiches shall not be stored in direct contact with ice.

f. Unless its identity is unmistakable, bulk food such as cooking oil, syrup, salt, sugar or flour not stored in the product container or package in which it was obtained, shall be stored in a container identifying the food by common name.

SECTION 750.140 REFRIGERATED STORAGE

a. Enough conveniently located refrigeration facilities or effectively insulated facilities shall be provided to assure the maintenance of potentially hazardous food at required temperatures during storage. Each mechanically refrigerated storage facility storing potentially hazardous food shall be provided with a numerically scaled indicating thermometer, accurate to plus or minus 3 F, located to measure the air temperature in the warmest part of the facility and located to be easily readable. Recording thermometers, accurate to plus or minus 3 F may be used in lieu of indicating thermometers.

b. Prior to July 1, 1996, potentially hazardous food requiring refrigeration after preparation shall be labeled or tagged with the date and time of preparation and rapidly cooled to an internal temperature of 45 F or below. Effective July 1, 1996, potentially hazardous food shall be labeled or tagged with the date and time of preparation and rapidly cooled to an internal temperature of 41 F, unless the food is cooled to an internal temperature of 45 F and refrigerated at 45 F for no more than three days as specified in Section 750.120. Potentially hazardous foods of large volume or prepared in large quantities shall be rapidly cooled, utilizing such methods as limiting depth of food to 4 inches or less, agitation, quick chilling or water circulation external to the food container. Prior to July 1, 1996, potentially hazardous food to be transported shall be pre-chilled and held at a temperature of 45 F or below unless maintained in accordance with the hot storage requirements contained in Section 750.150. Effective July 1, 1996, potentially hazardous food to be transported shall be pre-chilled and held at a temperature of 41 F or below unless maintained in accordance with the hot storage requirements contained in Section 750.150.

1. Effective July 1, 1996, cooked potentially hazardous food shall be cooled:

A. From 140 F (60 C) to 70 F (21 C) within 2 hours; and

B. From 70 F (21 C) to 41 F (4.5 C), or below, within 4 more hours (or within a total of 6 hours).

2. Effective July 1, 1996, potentially hazardous food shall be cooled to 41 F (4.5 C) or below within 4 hours if prepared from ingredients at ambient temperature, such as reconstituted foods and canned tuna.

3. Effective July 1, 1996, fluid milk and milk products, shell eggs, and molluscan shellstock received in compliance with laws regulating the respective food during shipment from the supplier shall be cooled to 41 F (4.5 C) or below within 4 hours.

c. Frozen foods shall be kept frozen and should be stored at a temperature of 0 F or below.

d. Ice intended for human consumption shall not be used as a medium for cooling stored food, food containers or food utensils, except that such ice may be used for cooling tubes conveying beverages or beverage ingredients to a dispenser head. Ice used for cooling stored food and food containers shall not be used for human consumption.

e. Upon delivery, intact shell eggs shall be stored at a temperature of 41 F or less, prior to July 1, 1996. Effective July 1, 1996, upon delivery, intact shell eggs shall be stored at a temperature of 41 F or less, unless the eggs are dated and refrigerated at 45 F for no more than three days as specified in Section 750.120.

(Source: Amended at 20 Ill. Reg. 2171, effective January 20, 1996)

SECTION 750.150 HOT STORAGE

a. Enough conveniently located hot food storage facilities shall be provided to assure the maintenance of food at the required temperature during storage. Each hot food facility storing potentially hazardous food shall be provided with a numerically scaled indicating thermometer, accurate to plus or minus 3 degrees F., located to measure the air temperature at the coldest part of the facility and located to be easily readable. Recording thermometers, accurate to plus or minus 3 degrees F., may be used in lieu of indicating thermometers. Where it is impractical to install thermometers on equipment such as bain-maries, steam tables, steam kettles, heat lamps, calrod units, or insulated food transport carriers, a product thermometer must be available and used to check internal food temperature.

b. The internal temperature of potentially hazardous food requiring hot storage shall be 140 degrees F. or above except during necessary periods of preparation. Potentially hazardous food to be transported shall be held at a temperature of 140 degrees F. or above unless maintained in accordance with paragraph (b) of Section 750.140.

SECTION 750.155 DAMAGED FOOD CONTAINERS

Food service establishments shall utilize the guidelines established in the Department's rules for Salvage Warehouses and Stores for Foods, Alcoholic Liquors, Drugs, Medical Devices and Cosmetics (77 Ill. Adm. Code 725) when determining if damaged food containers are acceptable for use in food service.

(Source: Added at 11 Ill. Reg. 18735, effective January 1, 1988)

SECTION 750.160 GENERAL - FOOD PREPARATION

In an effort to prevent the transmission of pathogenic organisms from humans, food shall be prepared with the least possible manual contact, with suitable utensils and on surfaces that prior to use have been cleaned, rinsed and sanitized to prevent cross-contamination.

a. Food employees shall avoid direct contact (i.e., using bare hands) with ready-to-eat food whenever possible and, to the extent possible, shall handle ready-to-eat food only with suitable utensils such as deli tissue, spatulas, tongs, or single-use gloves. Handling of ready-to-eat food with suitable utensils is not a substitute for proper hand washing. Use of utensils, including deli tissue, spatulas, tongs or single-use gloves, shall be preceded by thorough handwashing.

b. If gloves are used to handle ready-to-eat food, they shall be single-use gloves, i.e., shall be used for only one task (preparing/handling ready-to-eat food), shall be used for no other purpose and shall be discarded when damaged or soiled or when interruptions occur in operations.
3. At least annually, each food service establishment shall review its operations to identify and document any procedures where ready-to-eat food must be routinely handled with bare hands. This annual review shall include the following components:

1. Those routine procedures/work stations that necessitate direct hand contact with ready-to-eat food. This list shall be made available, upon request, to the Department or any local health department responsible for licensing/permitting the establishment.

2. Available alternatives to unprotected direct hand contact; e.g., use of suitable utensils, FDA-approved sanitizing hand rinses, etc., shall be considered. If an alternative (e.g., use of a suitable utensil) can be implemented, this procedure/work station shall be removed from the list of routine direct hand contact points.

3. Special focused education and training shall be provided to all food employees involved in the identified procedures, reinforcing the importance of proper hand washing for all employees with direct hand contact with ready-to-eat food. The content and duration of this focused education and training shall be determined by the food service operator.

(Source: Amended at 20 Ill. Reg. 2171, effective January 20, 1996)

SECTION 750.170 RAW FRUITS AND RAW VEGETABLES

Raw fruits and raw vegetables shall be thoroughly washed with potable water before being cooked or served.

SECTION 750.180 COOKING POTENTIALLY HAZARDOUS FOODS

a. Raw animal foods, such as eggs, fish, poultry, meat, and foods containing these raw animal foods, shall be cooked to heat all parts of the food to the following temperatures and times, except as specified in subsections (b) and (c) of this Section:

1. 145 F (63 C) or above for 15 seconds for:

A. Shell eggs that are broken and prepared in response to a consumer's order and for immediate service, and

B. Fish and meat that are not specified in subsections (a)(2), (3) and (4) of this Section;

2. For pork and game animals, comminuted fish and meats, injected meats, and shell eggs that are not prepared for immediate service, 155 F (68 C) for 15 seconds or the temperature specified in Section 750.185 that corresponds to the cooking time;

3. As specified in Section 750.187 for roasts of beef and corned beef;

4. 165 F (74 C) or above for 15 seconds for field-dressed wild game animals, poultry, stuffed fish, stuffed meat, stuffed pasta, stuffed poultry, or stuffing containing fish, meat, or poultry; or

5. Any alternative temperature and time that provides an equivalent heat lethality provided the alternative method is approved in advance by the Department and confirmed in writing. Requests for alternative cooking time and temperature methods shall be submitted in writing in a format prescribed by the Department. If the Department approves an alternative cooking method, it shall notify the requestor of its approval and inform local health departments of that approved alternative.

b. Raw and under-cooked animal foods that are served or offered for sale in a ready-to-eat form are exempt from the cooking requirements of subsections (a)(1) through (5) of this Section, provided the food establishment serving the food follows the consumer advisory requirements specified in Section 750.110(j). Examples of this type of food include raw marinated fish; raw molluscan shellfish; steak tartare; lightly cooked fish; rare meat; and soft cooked eggs. Establishments such as nursing homes, hospitals, day care centers and nursery schools that serve a highly susceptible population, including the elderly, young children under age four, pregnant women, and individuals who are ill or have compromised immune systems, shall not serve raw or under-cooked animal foods, or must comply with subsections (a)(1) through (5) of this Section.

c. Beef roasts shall be cooked:

1. In an oven that is preheated to the temperature specified for their weight in Section 750.186 and that is held at, or above, that temperature; and

2. To a food temperature as specified in Section 750.187 and held for the corresponding amount of time specified in Section 750.187 for that temperature.

(Source: Amended at 20 Ill. Reg. 2171, effective January 20, 1996)

SECTION 750.185 MINIMUM FOOD TEMPERATURE AND HOLDING TIME REQUIRED UNDER SECTION 750.180(A)(2) FOR COOKING ALL PARTS OF PORK AND GAME ANIMALS, COMMINUTED FISH AND MEATS, AND INJECTED MEATS

Minimum Temperature F (C) Time
145 (63) 3 minutes
150 (66) 1 minute
(Source: Added at 20 Ill. Reg. 2171, effective January 20, 1996)

 

SECTION 750.186 OVEN PARAMETERS REQUIRED FOR DESTRUCTION OF PATHOGENS ON THE SURFACE OF ROASTS OF BEEF AND CORNED BEEF

Oven Type Oven Temp (2)
Roast Weight Less Than or Equal to 4.5kg (10 lbs.)
Oven Temp (2)
Roast Weight Greater Than or Equal to 4.5kg (10 lbs.)
Still Dry 350 F (177 C) 250 F (121 C)
Convection 325 F (163 C) 325 F (163 C)
High Humidity (1) < 250 F (121 C) < 250 F (121 C)

(1) Relative humidity greater than 90% for at least 1 hour as measured in the cooking chamber or exit of the oven or in a moisture-impermeable bag that provides 100% humidity
(2) Refer to Section 750.187 for minimum holding time requirements

(Source: Added at 20 Ill. Reg. 2171, effective January 20, 1996)

SECTION 750.187 MINIMUM HOLDING TIMES REQUIRED AT SPECIFIED TEMPERATURES FOR COOKING ALL PARTS OF ROASTS OF BEEF AND CORNED BEEF

Temp (2)
F (C)
Time (1) Temp (2)
F (C)
Time (1) Temp (2)
F (C)
Time (1)
130 (54) 121 minutes
136 (58) 32 minutes
142 (61) 8 minutes
132 (56) 77 minutes 138 (59) 9 minutes 144 (62) 5 minutes
134 (57) 47 minutes 140 (60) 12 minutes 145 (63) 3 minutes

(1) Holding time may include post oven heat rise
(2) Refer to Section 750.186 for oven temperature requirements

(Source: Added at 20 Ill. Reg. 2171, effective January 20, 1996)

SECTION 750.189 MICROWAVE COOKING

Raw animal foods cooked in a microwave oven shall be:

a. Rotated or stirred throughout or midway during cooking to compensate for uneven distribution of heat;

b. Covered to retain surface moisture;

c. Heated an additional 25 F (14 C) above the temperature specified in Section 750.180(a)(1), (2) and (4) to compensate for shorter cooking times; and

d. Allowed to stand covered for 2 minutes after cooking to obtain temperature equilibrium.

(Source: Added at 20 Ill. Reg. 2171, effective January 20, 1996)

SECTION 750.190 DRY MILK AND DRY MILK PRODUCTS

Reconstituted, dry milk and dry milk products may be used in instant desserts and whipped products, or for cooking and baking purposes.

SECTION 750.200 LIQUID, FROZEN, DRY EGGS AND EGG PRODUCTS

Liquid, frozen, and dry eggs and egg products shall be used only for cooking and baking purposes.

SECTION 750.210 REHEATING

Potentially hazardous foods that have been cooked and then refrigerated shall be reheated rapidly to 165 degrees F. or higher throughout before being served or before being placed in a hot food storage facility. Steam tables, bainmaries, warmers, and similar hot food holding facilities are prohibited for the rapid reheating of potentially hazardous foods.

SECTION 750.220 NONDAIRY PRODUCTS

Nondairy creaming, whitening, or whipping agents may be reconstituted on the premises only when they will be stored in sanitized, covered containers not exceeding one gallon in capacity and cooled to 45 degrees F. or below within 4 hours after preparation.

SECTION 750.230 PRODUCT THERMOMETERS

Metal stem-type numerically scaled indicating thermometers accurate to +2 degrees F. shall be provided and used to assure attainment and maintenance of proper internal cooking, holding or refrigeration temperatures of all potentially hazardous foods.

SECTION 750.240 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 F , prior to July 1, 1996, and 41 F, effective July 1, 1996; or

b. Under potable running water at a temperature of 70 F or below, 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.

(Source: Amended at 20 Ill. Reg. 2171, effective January 20, 1996)

SECTION 750.250 FOOD DISPLAY AND SERVICE OF POTENTIALLY HAZARDOUS FOOD

Prior to July 1, 1996, potentially hazardous foods shall be kept at an internal temperature of 45 F or below or at an internal temperature of 140 F or above during display and service, except that rare roast beef shall be held for service at a temperature of at least 130 F. Effective July 1, 1996, potentially hazardous foods shall be held during display and service at an internal temperature of 41 F or below, unless the foods are dated and refrigerated at 45 F for no more than three days as specified in Section 750.120, or held during display and service at an internal temperature of 140 F or above, except that rare roast beef shall be held for service at a temperature of at least 130 F.

(Source: Amended at 20 Ill. Reg. 2171, effective January 20, 1996)

SECTION 750.260 DISPLAY EQUIPMENT

Food on display shall be protected from consumer contamination by the use of packaging or by the use of easily cleanable counter, serving line or salad bar protector devices, display cases or by other effective means. Enough hot or cold food facilities shall be available to maintain the required temperature of potentially hazardous food on display.

SECTION 750.270 REUSE OF TABLEWARE

Reuse of soiled tableware by self-service consumers returning for additional food is prohibited. Beverage cups and glasses are exempt from this requirement.

SECTION 750.280 DISPENSING UTENSILS

To avoid unnecessary manual contact with food, suitable dispensing utensils shall be used by employees or provided to consumers who serve themselves. Between uses during service, dispensing and incidental utensils shall be:

a. Stored in the food with the dispensing utensil handle extended out of the food; or

b. Stored clean and dry; or

c. Stored in running potable water dipper wells; or

d. In the case of dispensing utensils and malt collars used in serving frozen desserts, stored either in a running potable water dipper well, or clean and dry.

SECTION 750.290 ICE DISPENSING

Ice for consumer use shall be dispensed only with scoops, tongs, or other ice-dispensing utensils or through automatic self-service ice-dispensing equipment. Ice-dispensing utensils shall be stored on a clean surface or in the ice with the dispensing utensil's handle extended out of the ice. Between uses, ice transfer receptacles shall be stored in a way that protects them from contamination. Ice storage bins shall be drained through an air gap.

(Source: Amended at 11 Ill. Reg. 2345, effective February 1, 1987)

SECTION 750.300 CONDIMENT DISPENSING

a. Condiments, seasonings, and dressings for self-service use shall be provided in individual packages or from dispensers, or from containers in accordance with Section 750.260.

b. Condiments provided for table or counter service shall be individually portioned, except that catsup and other sauces may be served in the original container or pour-type dispenser. Sugar for consumer use shall be provided in individual packages or in pour-type dispensers.

SECTION 750.310 MILK AND CREAM DISPENSING

a. Milk and milk products for drinking purposes shall be provided to the consumer in an unopened, commercially filled package not exceeding one pint in capacity, or drawn from a commercially filled container stored in a mechanically refrigerated bulk milk dispenser. Where bulk milk dispenser for milk and milk products is not available and portions of less than one-half pint are required for mixed drinks, cereal, or dessert service, milk and milk products may be poured from a commercially-filled container of not more than one-half gallon capacity.

b. Milk and milk products for drinking purposes in hospitals, nursing homes or day care centers may be dispensed from commercially filled containers into individual serving vessels by food service personnel for service to the consumer.

c. Cream or half and half shall be provided in an individual service container, protected pour-type pitcher, or drawn from a refrigerated dispenser designed for such service.

d. Prior to July 1, 1996, remote mix supplying systems for frozen dessert dispensers shall be so designed, constructed, refrigerated and equipped that all mix therein is maintained at not more than 45 F until subject to freezing. Effective July 1, 1996, remote mix supplying systems for frozen dessert dispensers shall be so designed, constructed, refrigerated and equipped that all mix therein is maintained at not more than 41 F until subject to freezing. Product pumps and flexible lines shall be maintained under continuous refrigeration or insulation when product is within the system. Systems shall be supported and sloped to drain at least one inch per ten feet, preventing retention of fluid. All product lines shall be equipped with an indicating thermometer accurate to plus or minus 2 F. Flexible plastic lines are permitted up to 30 feet if they are in one continuous length and contain sanitary fittings on the terminal ends.

(Source: Amended at 20 Ill. Reg. 2171, effective January 20, 1996)

SECTION 750.320 RE-SERVICE

Once served to a consumer, portions of left over food shall not be served again except that packaged food, other than potentially hazardous food, that is still packaged and is still in sound condition, may be reserved.

SECTION 750.330 GENERAL - FOOD TRANSPORTATION

During transportation, food and food utensils shall be kept and packed in covered containers or completely wrapped or packaged so as to be protected from contamination. Foods in original individual packages do not need to be over-wrapped or covered if the original package has not been torn or broken. During transportation, including transportation to another location for service or catering operations, food shall meet the requirements of Section 750.130, 750.140, and 750.150 relating to food storage.

SUBPART C: PERSONNEL

SECTION 750.500 GENERAL - EMPLOYEE HEALTH

a. No person, while affected with a disease in a communicable form that can be transmitted by foods or who is a carrier of organisms that cause such a disease or while afflicted with a boil, or infected wound, or an acute respiratory infection, shall work in a food service establishment in any capacity in which there is a likelihood of such person contaminating food or food-contact surfaces with pathogenic organisms or transmitting disease to other persons.

b. When the regulatory authority has reasonable cause to suspect possible disease transmission by an employee of a food service establishment, it may secure a morbidity history of the suspected employee or make any other investigation as indicated and shall take appropriate action. The regulatory authority may require any or all of the following measures:

1. The immediate exclusion of the employee from employment in food service establishments.

2. The immediate closing of the food service establishment concerned, until, in the opinion of the regulatory authority, no further danger of disease outbreaks exist.

3. Restriction of the employee's service to some area of the establishment where there would be no danger of transmitting disease.

4. Adequate medical and laboratory examination of the employee and other employees and of his and their body discharges.

SECTION 750.510 GENERAL - PERSONAL CLEANLINESS

Employees 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 shall keep their fingernails clean and trimmed.

SECTION 750.520 GENERAL - CLOTHING

a. The outer clothing of all employees shall be clean.

b. Employees shall use effective hair restraints to prevent the contamination of food or food-contact surfaces.

SECTION 750.530 GENERAL - EMPLOYEE PRACTICES

a. Employees may consume food only in designated dining areas. An employee dining area shall not be so designated if consuming food there may result in contamination of other food, equipment, utensils, or other items needing protection.

b. Employees shall not use tobacco 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.

c. Employees shall handle soiled tableware in a way that avoids contamination of their hands.

d. Employees shall maintain a high degree of personal cleanliness and shall conform to good hygienic practices during all working periods in the food service establishment.

(Source: Amended at 7 Ill. Reg. 16415, effective November 23, 1983)

SECTION 750.540 MANAGEMENT SANITATION TRAINING AND CERTIFICATION

a. All food service establishments as defined in Section 750.10 except Category III facilities shall be under the operational supervision of a certified food service sanitation manager. Category III facilities do not require the operational supervision of a certified food service sanitation manager.

1. Category I facilities. Effective October 1, 1999, Category I facilities as defined in Section 750.10 shall have a certified food service sanitation manager on the premises at all times that potentially hazardous food is being handled, except as specified in subsections (a)(1)(A) and (B) of this Section. A certified food service sanitation manager is not required on the premises during hours of operation when all food products sold have been prepared and packaged commercially or prepared under the supervision of a certified food service sanitation manager.

A. All community-based programs licensed by the Department of Human Services and operating under rules that do not reference this Part are exempt from subsection (a)(1) of this Section (e.g., Community Integrated Living Arrangements, including the formerly licensed Community Residential Alternatives; Supervised Living Arrangements; Home Individual Placements and Special Home Placements; Child and Specialized Group Homes or Child Care Institutions for no more than 7 to 10 individuals).

B. Health care facilities licensed under the Hospital Licensing Act [210 ILCS 85], Nursing Home Care Act [210 ILCS 45], or Alternative Health Care Delivery Act [210 ILCS 3] that are subject to this Part may comply in one of the following alternative ways:

i. Health care facilities may develop a list of foods approved by a certified food service sanitation manager that, under specific circumstances, may be prepared or served by trained staff under the supervision of a health care professional without the presence of a certified food service sanitation manager. These specific circumstances may include late night snacks or light meals prepared at the request of a physician or individual patient/resident. The list of foods shall include instructions for preparing, serving and storing the foods.

ii. Health care facilities as specified in subsection (a)(1)(B) are exempt from the requirement of subsection (a)(1) of this Section provided the food service in each facility is under the operational supervision of a manager or supervisor who has been certified in food service sanitation and the food service staff annually receive in-service food sanitation training as follows: for nursing homes, in accordance with the rules promulgated pursuant to the Nursing Home Care Act; and for all other health care facilities, 5 hours annually.

2. Category II facilities as defined in Section 750.10 shall employ a minimum of one full-time certified food service sanitation manager at each establishment.

b. Special Circumstances.

1. New food service establishments except Category III facilities shall have a certified food service sanitation manager from the initial day of operation or shall provide documentation of enrollment in an approved course to be completed within three months.

2. Food service establishments which are not in compliance with this Section because of employee turnover or other loss of certified personnel, shall have three months from date of loss of certified personnel to comply.

3. Incidental absences of the certified food service sanitation manager due to temporary illness, short errands off the premises, etc., shall not constitute a violation of this Section, provided there is documentation that a certified food service sanitation manager was scheduled to work at that time.

c. Certification shall be achieved by:

1. Successfully completing a department approved course and monitored examination offered by a testing organization in compliance with the criteria in Subpart J of this Part.

2. Payment to the Department of a $35 certificate fee.

d. Original certificates of certified managers shall be maintained at the place of business and shall be made available for inspection.

(Source: Amended at 22 Ill. Reg. 19009, effective October 1, 1998)

SECTION 750.550 MANAGEMENT SANITATION CERTIFICATION EXAMINATION (REPEALED)

(Source: Repealed at 13 Ill. Reg. 18888, effective December 1, 1989)

SECTION 750.551 CERTIFICATE ISSUANCE

a. Original certificates issued under this Part shall:

1. be issued only after this Department has received both:

A. Evidence of successful completion of an approved Food Service Sanitation Manager Certification examination with a final score of 75% or higher; and

B. Payment of a $35 fee.

2. Be issued as of the date when the individual successfully completed the examination, and

3. expire five years from the date of the original issuance.

b. Replacement or duplicate certificates issued under this Part shall:

1. be issued after this Department has received payment of a $10 fee, and

2. have the same expiration date as the original certificate.

c. Renewal certificates shall be issued by the Department at the written request of the certificate holder if the request, documentation of meeting recertification training and/or testing requirements and payment of a $35 fee is received by the Department prior to or on the certificate's expiration date. Renewed certificates shall expire five years from the date of the original certificate's expiration date.

1. Effective October 1, 1999, certified food service sanitation managers shall have completed one of the following training and/or testing activities within the previous five years before expiration of their certificates:

A. Complete a Department approved 15 hour certification training course;

B. Complete a Department approved examination, developed in compliance with Section 750.1850, with a passing score of 75% or higher;

C. Complete a minimum five-hour refresher course provided by an Illinois approved instructor, as defined in Section 750.1810, using a curriculum provided by the Department; or

D. Complete other training, a minimum of five hours in length, that has received pre-approval by the Department.

d. If a certificate renewal application is received by the Department with a postmark no later than 30 days after the certificate's expiration date, it shall be renewed, provided the request for renewal is accompanied by a written request for renewal, documentation of having met recertification criteria as listed in subsection (c) of this Section and payment of the $35 fee. Any fees submitted after the expiration date of the certificate which are not accompanied by all necessary items listed in this subsection (d) are non-refundable.

(Source: Amended at 22 Ill. Reg. 19009, effective October 1, 1998)

SECTION 750.560 CERTIFICATE REVOCATION OR SUSPENSION

Any certificate of certification may be revoked or suspended by the State or local health department enforcing this Part when the holder or person under his supervision repeatedly fails to comply with this Part. Prior to such suspension or revocation, the holder of said certificate shall be given the opportunity for a hearing before the regulatory authority pursuant to the Department's "Rules of Practice and Procedure in Administrative Hearings (77 Ill. Adm. Code 100).

(Source: Amended at 14 Ill. Reg. 20535, effective January 1, 1991)

SUBPART D: EQUIPMENT AND UTENSILS

SECTION 750.600 GENERAL - MATERIALS

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.

SECTION 750.610 SOLDER

If soft solder is used, it shall be composed of safe materials and be corrosion resistant.

SECTION 750.620 WOOD

Hard maple or equivalently non-absorbent material that meets the general requirements set forth in the introductory text of this article may be used for cutting blocks, cutting boards, salad bowls, and baker's tables. Wood may be used for single-service articles, such as chopsticks, stirrers, or ice cream spoons. The use of wood as a food-contact surface under other circumstances is prohibited.

SECTION 750.630 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.

SECTION 750.640 MOLLUSK AND CRUSTACEA SHELLS

The reuse of mollusk and crustacea shells as food containers is prohibited.

SECTION 750.650 GENERAL - DESIGN AND FABRICATION

a. 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, griddle tops and skillets. Threads shall be designed to facilitate cleaning; ordinary "V" type threads are prohibited as food-contact surfaces, except that in equipment such as ice makers or hot oil cooking equipment and hot oil filtering systems, such threads shall be minimized.

b. Equipment containing bearings and gears requiring unsafe lubricants shall be designed and constructed so that the lubricant cannot leak, drip, or be forced into food or 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.

c. Sinks and drain boards shall be self-draining.

d. Tubing conveying beverages or beverage ingredients to dispensing heads may be in contact with stored ice provided, that such tubing is fabricated from safe materials, is grommeted at entry and exit point to preclude moisture (condensation) from entering the ice machine or the ice storage bin, and is kept clean. Drainage or drainage tubes from dispensing units shall not pass through the ice machine or the ice storage bin.

SECTION 750.660 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.

SECTION 750.670 IN-PLACE CLEANING

Equipment intended for in-place cleaning shall be so designed and fabricated that:

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

b. Cleaning and sanitizing solutions will contact all interior food-contact surfaces; and

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

SECTION 750.680 THERMOMETERS

Indicating thermometers required for immersion into food or cooking media shall be of metal stem-type construction, numerically scaled, and accurate to +2 degrees F.

SECTION 750.690 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.

SECTION 750.700 VENTILATION HOODS

Ventilation hoods and devices shall be designed to prevent grease or condensation from collecting on walls and ceilings, and from dripping into food or onto food-contact surfaces. Filters or other grease extracting equipment shall be readily removable for cleaning and replacement if not designed to be cleaned in place.

SECTION 750.710 GENERAL - EQUIPMENT INSTALLATION AND LOCATION

Equipment, including ice makers and ice storage equipment, shall not be located under exposed or unprotected sewer lines, or leaking water lines, open stairwells, or other sources of contamination. This requirement does not apply to automatic fire protection sprinkler heads that may be required by law.

SECTION 750.720 TABLE-MOUNTED EQUIPMENT

Equipment that is placed on tables or counters, unless portable, shall be sealed to the table or counter or elevated on legs to provide at least a four inch clearance between the table or counter and equipment and shall be installed to facilitate the cleaning of the equipment and adjacent areas.

SECTION 750.730 PORTABLE EQUIPMENT

Equipment is portable within the meaning of Section 750.720 if:

a. It is small and light enough to be moved easily by one person; and

b. It has no utility connection, or has a utility connection that disconnects quickly, or has a flexible utility connection line of sufficient length to permit the equipment to be moved for easy cleaning.

SECTION 750.740 FLOOR-MOUNTED EQUIPMENT

a. Floor-mounted equipment, unless readily movable, shall be:

1. Sealed to the floor; or

2. Installed on raised platforms of concrete or other smooth masonry in a way that meets all the requirements for ceiling or floor clearance; or

3. Elevated on legs to provide at least six-inch clearance between the floor and equipment, except that vertically mounted floor mixers may be elevated to provide at least a four-inch clearance between the floor and equipment if no part of the floor under the mixer is more than six inches from cleaning access.

b. Equipment is easily movable if:

1. It is mounted on wheels or castors; and

2. It has no utility connection or has a utility connection that disconnects quickly, or has a flexible utility line of sufficient length to permit the equipment to be moved for easy cleaning.

c. Unless sufficient space is provided for easy cleaning between, behind and above each unit of fixed equipment, the space between it and adjoining equipment units and adjacent walls or ceilings shall be not more than 1/32 inch; or if exposed to seepage, the equipment shall be sealed to the adjoining equipment or adjacent walls or ceilings.

SECTION 750.750 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 to perform their duties readily without contamination of food or food-contact surfaces by clothing or personal contact. All easily removable storage equipment such as pallets, racks, and dollies shall be positioned to provide accessibility to working areas.

SUBPART E: CLEANING, SANITIZING, AND STORAGE OF EQUIPMENT AND UTENSILS

SECTION 750.800 CLEANING FREQUENCY

a. Tableware shall be washed, rinsed, and sanitized after each use.

b. To prevent cross-contamination, kitchenware and food-contact surfaces of equipment shall be washed, rinsed, and sanitized after each use and following any interruption of operations during which time contamination may have occurred.

c. 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, rinsed and sanitized 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.

d. The food-contact surfaces of grills, griddles, and similar cooking devices and the cavities and door seals of microwave ovens shall be cleaned at least once a day except that this shall not apply to hot oil cooking equipment and hot oil filtering systems. The food-contact surfaces of all cooking equipment shall be kept free of encrusted grease deposits and other accumulated soil.

e. 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.

SECTION 750.810 WIPING CLOTHS

a. Cloths used for wiping food spills on tableware, such as plates or bowls being served to the consumer, shall be clean, dry and used for no other purpose.

b. Moist cloths or sponges used for wiping food spills on kitchenware and food-contact surfaces of equipment shall be clean and rinsed frequently in one of the sanitizing solutions permitted in Section 750.820(e) and used for no other purpose. These cloths and sponges shall be stored in the sanitizing solution between uses.

c. Moist cloths or sponges used for cleaning non-food-contact surfaces of equipment such as counters, dining table tops and shelves shall be cleaned and rinsed as specified in Section 750.810(b) and used for no other purpose. These cloths and sponges shall be stored in the sanitizing solution between uses.

SECTION 750.820 MANUAL CLEANING AND SANITIZING

a. For manual washing, rinsing and sanitizing utensils and equipment, a sink with no fewer than three compartments shall be provided and used. Sink compartments shall be large enough to permit the accommodation of the equipment and utensils, and each compartment of the sink shall be supplied with hot and cold potable running water. Fixed equipment and utensils and equipment too large to be cleaned in the sink compartments shall be washed manually or cleaned through pressure spray methods.

b. Drain boards and easily movable dish tables of adequate size shall be provided for proper handling of soiled utensils prior to washing and for clean utensils following sanitizing and shall be located so as not to interfere with the proper use of the dishwashing facilities.

c. Equipment and utensils shall be pre-flushed or pre-scraped and, when necessary, pre-soaked to remove gross food particles and soil.

d. Except for fixed equipment and utensils too large to be cleaned in sink compartments, manual washing, rinsing and sanitizing shall be conducted in the following sequence:

1. Sinks shall be cleaned prior to use.

2. Equipment and utensils shall be thoroughly washed in the first compartment with a hot detergent solution that is kept clean.

3. Equipment and utensils shall be rinsed free of detergent and abrasives in clean water in the second compartment.

4. Equipment and utensils shall be sanitized in the third compartment according to one of the methods included in Section 750.820(e)(1) through (4).

e. The food-contact surfaces of all equipment and utensils shall be sanitized by:

1. Immersion for at least one-half (1/2) minute in clean, hot water at a temperature of at least 170 degrees F.; or

2. Immersion for at least one minute in a clean solution containing at least 50 parts per million of available chlorine as a hypochlorite and having a temperature of at least 75 degrees F.; or

3. Immersion for at least one minute in a clean solution containing at least 12.5 parts per million of available iodine and having a pH not higher than 5.0 and having a temperature of at least 75 degrees F.; or

4. Immersion in a clean solution containing any other chemical sanitizing agent allowed under 21 CFR 178.1010, that will provide the equivalent bactericidal effect of a solution containing at least 50 parts per million of available chlorine as a hypochlorite and having a temperature of at least 75 degrees F. for one minute; or

5. Treatment with steam free from materials or additives other than those specified in 21 CFR 173.310 in the case of equipment too large to be sanitized by immersion but in which steam can be confined; or

6. Rinsing, spraying, or swabbing with a chemical sanitizing solution of at least twice the strength required for that particular sanitizing solution under Section 750.820(e)(4), in the case of equipment too large to sanitize by immersion.

f. When hot water is used for sanitizing, the following facilities shall be provided and used:

1. An integral heating device or fixture installed in or under the sanitizing compartment of the sink capable of maintaining the water at a temperature of at least 170 degrees F.; and

2. A numerically scaled indicating thermometer accurate to +3 degrees F. convenient to the sink that can be used for frequent checks of water temperature; and

3. Dish baskets of such size and design to permit complete immersion of the tableware, kitchenware, and equipment in the hot water.

g. When chemicals are used for sanitizing, they shall not have concentrations higher than the maximum permitted under 21 CFR 178.1010, and a test kit or other device that accurately measures the parts per million concentration of the solution shall be provided and used.

SECTION 750.830 MECHANICAL CLEANING AND SANITIZING

a. Cleaning and sanitizing 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 and sanitizes equipment and utensils. Such machines and devices shall be properly installed and maintained in good repair. Machines and devices shall be operated in accordance with the manufacturer's instructions, and utensils and equipment placed in the machine shall be exposed to all dishwashing cycles. Automatic detergent dispensers and wetting agent dispensers, and liquid sanitizer injectors, if any, shall be properly installed and maintained.

b. The pressure of final rinse water supplied to spray-type dishwashing machines shall be not less than 15 or more than 25 pounds per square inch measured in the water line immediately adjacent to the machine. A one-quarter-inch-IPS valve shall be provided immediately upstream from the final-rinse control valve to permit checking the flow pressure of the final rinse water.

c. Machine or water line mounted numerically scaled indicating thermometers accurate to +3 degrees F. shall be provided to indicate the temperature of the water in each tank of the machine and the temperature of the final rinse water as it enters the manifold.

d. Rinse-water tanks shall be so protected by baffles, curtains, or other effective means as to minimize the entry of wash water into the rinse water. Conveyors in dishwashing machines shall be accurately timed to assure proper exposure times in wash and rinse cycles in accordance with manufacturer's specifications attached to the machine.

e. Drain boards shall be provided and of adequate size for the proper handling of soiled utensils prior to washing and of cleaned utensils following sanitization and shall be so located and constructed as not to interfere with the proper use of the dishwashing facilities. This does not preclude the use of easily movable dish tables for the storage of soiled utensils or the use of easily movable dish tables for the storage of clean utensils following sanitization.

f. 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 unless a pre-wash cycle is a part of the dishwashing machine operation. Equipment and utensils shall be placed in racks, trays, or baskets, or on conveyors, in a way that food-contact surfaces are exposed to the unobstructed application of detergents, wash and clean rinse water and that permits free draining.

g. Machines (Single-tank, stationary-rack, door-type machines and spray-type glass washers) using chemicals for sanitization may be used provided that:

1. The temperature of the wash water shall not be less than 120 degrees F.

2. The wash water shall be kept clean.

3. Chemicals added for sanitization purposes shall be automatically dispensed.

4. Utensils and equipment shall be exposed to the final chemical sanitizing rinse in accordance with manufacturer's specifications for time and concentration.

5. The chemical sanitizing rinse water temperature shall be not less than 75 degrees F. nor less than the temperature specified by the machine's manufacturer.

6. Chemical sanitizers used shall meet the requirements of 21 CFR 178.1010.

7. A test kit or other device that accurately measures the parts per million concentration of solution shall be available and used.

h. Machines using hot water for sanitizing may be used provided that wash water and pumped rinse water be kept clean and water shall be maintained at not less than the temperature stated in Section 750.830(h)(1) through (5).

1) Single-tank, stationary-rack, dual-temperature machine:

wash temperature 150 degrees F.
final rinse temperature 180 degrees F.


2) Single-tank, stationary-rack, single-temperature machine:

wash temperature 165 degrees F.
final rinse temperature 165 degrees F.


3) Single-tank, conveyor machine:

wash temperature 160 degrees F.
final rinse temperature 180 degrees F.


4) Multi-tank, conveyor machine:

wash temperature 150 degrees F.
pumped rinse temperature 160 degrees F.
final rinse temperature 180 degrees F.


5) Single-tank, pot, pan and utensil washer (either stationary
or moving rack):

wash temperature 140 degrees F.
final rinse temperature 180 degrees F.

i. All dishwashing machines shall be thoroughly cleaned at least once a day or more often when necessary to maintain them in a satisfactory operating condition.

SECTION 750.840 DRYING

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

SECTION 750.850 EQUIPMENT, UTENSIL, AND TABLEWARE HANDLING

Cleaned and sanitized 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, bowls, plates and similar items shall be handled without contact with inside surfaces or with surfaces that contact the user's mouth.

SECTION 750.860 EQUIPMENT, UTENSIL, AND TABLEWARE STORAGE

a. Cleaned and sanitized utensils and equipment shall be stored at least six inches above the floor in a clean, dry location in a way that protects them from contamination by splash, dust and other means. The food-contact surfaces of fixed equipment shall also be protected from contamination. Equipment and utensils shall not be placed under exposed sewer lines, or water lines except for automatic fire protection sprinkler heads that may be required by law.

b. Utensils shall be air-dried before being stored or shall be stored in a self-draining position.

c. Glasses and cups shall be stored inverted. Other stored utensils shall be covered or inverted wherever practical. Facilities for the storage of knives, forks and spoons shall be designed and used to present the handle to the employee or the consumer. Unless tableware is pre-wrapped, holders for knives, forks, and spoons at self-service locations shall protect these articles from contamination and present the handles of the utensils to the consumer.

SECTION 750.870 PRE-SET TABLEWARE

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.

SECTION 750.880 SINGLE-SERVICE ARTICLES

a. Single-service articles shall be stored at least six inches above the floor in closed cartons or containers which protect them from contamination and shall not be placed under exposed sewer lines or water lines, except for automatic fire protection sprinkler heads that may be required by law.

b. Single-service articles shall be handled and dispensed in a manner which prevents contamination of surfaces which may come in contact with food or with the mouth of the user.

c. Single-service knives, forks and spoons packaged in bulk shall be inserted into holders or be wrapped by an employee who has washed his hands immediately prior to sorting or wrapping the utensils. Unless single-service knives, forks and spoons are pre-wrapped or pre-packaged, holders shall be provided to protect these items from contamination and present the handle of the utensils to the consumer.

SECTION 750.890 PROHIBITED STORAGE AREA

The storage of food equipment, utensils or single-service articles in toilet rooms or vestibules is prohibited.

SUBPART F: SANITARY FACILITIES AND CONTROLS

SECTION 750.1000 GENERAL - WATER SUPPLY

Enough potable water for the needs of the food service establishment shall be provided from a source constructed and operated according to law. The potable water supply shall be in compliance with the requirements and maximum contaminant levels of the Drinking Water Code (77 Ill. Adm. Code 900).

(Source: Amended at 16 Ill. Reg. 15995, effective October 1, 1992)

SECTION 750.1010 TRANSPORTATION

All potable water not provided directly by pipe to the food service establishment from the source shall be transported in a bulk water transport system and shall be delivered to a closed-water system. Both of these systems shall be constructed and operated according to law.

SECTION 750.1020 BOTTLED WATER

Bottled and packaged potable water shall be obtained from a source that complies with all laws and shall be handled and stored in a way that protects it from contamination. Bottled and packaged potable water shall be dispensed from the original container.

SECTION 750.1030 WATER UNDER PRESSURE

Water under pressure at the required temperature shall be provided to all fixtures and equipment that use water.

SECTION 750.1040 STEAM

Steam used in contact with food or food-contact surfaces shall be free from any materials or additives other than those specified in 21 CFR 173.310.

SECTION 750.1050 GENERAL - SEWAGE DISPOSAL

a. All water-carried sewage shall be disposed of by means of:

1. A public sewage system; or

2. An approved sewage disposal system which is constructed and operated in conformance with applicable State and local laws, ordinances and regulations.

b. Non-water-carried sewage-disposal facilities shall not be used except where water-carried disposal methods have been determined by the health authority to be impractical. Under such conditions, only facilities which have been approved by the health authority shall be used, and operation of these facilities shall be in conformance with applicable State and local laws, ordinances, and regulations.

SECTION 750.1060 GENERAL - PLUMBING

All plumbing shall be sized, installed, and maintained in accordance with applicable provisions of the Illinois State Plumbing Code. Local ordinances may be followed when standards are equal to or exceed those contained in the aforementioned Code. There shall be no cross-connection between the safe-water supply and any unsafe or questionable water supply, or any source of pollution through which the safe water supply might become contaminated.

SECTION 750.1070 NONPOTABLE SYSTEM

A nonpotable water system is permitted only for purposes such as air-conditioning and fire protection and only if the system is installed according to law and the nonpotable water does not contact, directly or indirectly, food, potable water, equipment that contacts food or utensils. The piping of any nonpotable water system shall be durably identified so that it is readily distinguishable from piping that carries potable water.

SECTION 750.1080 BACKFLOW

The potable water system shall be installed to preclude the possibility of backflow. Devices to protect against backflow and backsiphonage shall be installed at all fixtures and equipment where an air gap at least twice the diameter of the water inlet is not provided between the water outlet from the fixture and the fixture's flood-level rim and wherever else backflow or backsiphonage may occur. A hose shall not be attached to a faucet unless a backflow prevention device is installed.

SECTION 750.1090 GREASE TRAPS

If used, grease traps shall be located so they and their surroundings are accessible for cleaning.

SECTION 750.1100 DRAINS

a. Commercial dishwashing machines, dishwashing, sinks, pot washing sinks, pre-rinse sinks, silverware sinks, bar sinks, soda fountain sinks, vegetable sinks, potato peelers, ice machines, steam tables, steam cookers, and other similar fixtures shall be indirectly connected in compliance with 77 Ill. Adm. Code 890.1410(a). The only exception shall be when such fixtures are located adjacent to a floor drain, the waste may be directly connected on the sewer side of the floor drain trap provided the fixture waste is trapped and vented as required by the Illinois Plumbing Code (77 Ill. Adm Code 890) and the floor drain is located within four feet horizontally of the fixture and in the same room. The indirect piping from the fixture to the air gap shall not exceed five (5) feet developed length. All indirectly connected fixtures shall discharge to a vented trap located in the same room in compliance with 77 Ill. Adm. Code 890.1410(a). In the case of direct connection no other fixture waste shall be connected between the floor drain trap and the fixture protected.

b. Drain lines from equipment shall not discharge waste water in such a manner as will permit the flooding of floors or the flowing of water across working or walking areas or into difficult-to-clean areas, or otherwise create a nuisance.

(Source: Amended at 12 Ill. Reg. 17918, effective December 1, 1988)

SECTION 750.1110 GENERAL - TOILET FACILITIES

a. Toilet facilities for employees shall be provided and installed according to law, shall be conveniently located and shall be accessible to employees at all times. If toilet facilities are provided for the public, they shall meet the requirements of Section 750.1110 and Section 750.1120.

b. Toilets and urinals shall be designed to be easily cleanable.

c. Toilet rooms shall be completely enclosed and shall have tightfitting, self-closing doors. Such doors shall not be left open except during cleaning or maintenance.

d. Toilet facilities, including vestibules, if present, shall be kept clean and in good repair and free of objectionable odors. A supply of toilet tissue shall be provided at each toilet at all times. Easily cleanable, covered receptacles shall be provided for waste materials.

SECTION 750.1120 GENERAL - LAVATORY FACILITIES

a. Lavatories shall be at least the number required by law, shall be installed according to law and shall be located to permit convenient use by all employees in food preparation areas and utensil washing areas.

b. Lavatories shall be accessible to employees at all times.

c. Lavatories shall also be located in or immediately adjacent to toilet rooms or vestibules. Sinks used for food preparation or for washing equipment or utensils shall not be used for hand washing.

d. Each lavatory shall be provided with hot and cold water tempered by means of a mixing valve or combination faucet. Any self-closing, slow closing, or metering faucet used shall be designed to provide a flow of water for at least 15 seconds without the need to reactivate the faucet. Steam-mixing valves are prohibited.

e. A supply of hand-cleansing soap or detergent shall be available at each lavatory. A supply of sanitary towels or a hand-drying device providing heated air shall be conveniently located near each lavatory. Common towels are prohibited. If disposable towels are used, easily cleanable waste receptacles shall be conveniently located near the hand washing facilities.

f. Lavatories, soap dispensers, hand drying devices and all related fixtures shall be kept clean and in good repair.

SECTION 750.1130 CONTAINERS - GARBAGE AND REFUSE

a. Garbage and refuse shall be kept in durable easily cleanable insect-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.

b. Containers used in food preparation and utensil washing areas shall be kept covered after they are filled.

c. Containers stored outside the establishment, and dumpsters, compactor 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. In containers designed with drains, drain plugs shall be kept in place at all times, except during cleaning.

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

e. Soiled containers shall be cleaned at a frequency to prevent insect and rodent attraction. These containers shall be thoroughly cleaned on the inside and outside in a way that does not contaminate food, equipment, utensils, or food preparation areas. Suitable facilities, including hot water and detergent or steam, shall be provided and used for washing containers. Liquid waste from compacting or cleaning operations shall be disposed of as sewage.

SECTION 750.1140 GARBAGE AND REFUSE STORAGE

a. 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 a manner inaccessible to insects and rodents. Cardboard or other packing material not containing garbage or food waste need not be stored in covered containers.

b. 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.

c. 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.

SECTION 750.1150 DISPOSAL OF GARBAGE AND RUBBISH

a. All garbage and rubbish shall be disposed of daily or at such other frequencies as may be approved by the regulatory authority. Such approval shall be granted if the garbage and rubbish does not create a nuisance.

b. 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.

SECTION 750.1160 GENERAL - INSECT AND RODENT CONTROL

Effective measures intended to minimize the presence of rodents and flies, roaches, and other insects on the premises shall be utilized. The premises shall be kept in such condition as to prevent the harborage or feeding of insects or rodents.

SECTION 750.1170 PROTECTION OF OPENINGS AGAINST ENTRANCE OF INSECTS AND RODENTS

Openings to the outside shall be effectively protected against the entrance of rodents and shall be protected against the entrance of insects by tight fitting self-closing doors, closed windows, screening, controlled air currents or other means. Screen doors shall be self-closing and screens for windows, doors, skylights, transoms, intake and exhaust air ducts, and other openings to the outside shall be tight fitting and free of breaks. Screening material shall not be less than 16 mesh to the inch.

SUBPART G: CONSTRUCTION AND MAINTENANCE OF PHYSICAL FACILITIES

SECTION 750.1200 GENERAL - FLOORS

a. Floors and floor coverings of all food preparation, food storage, and utensil-washing areas, and the floors of all walk-in refrigerating units, dressing rooms, locker rooms, toilet rooms and vestibules shall be constructed of smooth durable material such as sealed concrete, terazzo, ceramic tile, durable grades of linoleum or plastic, or tight wood impregnated with plastic, and shall be maintained in good repair. Nothing in this section shall prohibit the use of anti-slip floor covering in areas where necessary for safety reasons.

b. Carpeting, if used as a floor covering, shall be of closely woven construction, properly installed, easily cleanable, and maintained in good repair. Carpeting is prohibited in food preparation, equipment-washing and utensil-washing areas where it would be exposed to large amounts of grease and water, in food storage areas, and toilet room areas where urinals or toilet fixtures are located.

c. The use of sawdust, wood shavings, peanut hulls, or similar material as a floor covering is prohibited.

d. Properly installed trapped floor drains shall be provided in floors that are water-flushed for cleaning or that receive discharges of water or other fluid waste from equipment, or in areas where pressure spray methods for cleaning equipment are used. Such floors shall be constructed only of sealed concrete, terazzo, ceramic tile or similar materials, and shall be graded to drain.

e. Mats and duckboards shall be of non-absorbent, grease resistant material and of such size, design, and construction as to facilitate their being easily cleaned. Duckboards shall not be used as storage racks.

f. In all new or extensively remodeled establishments utilizing concrete, terazzo, ceramic tile or similar flooring materials, and where water-flush cleaning methods are used, the junctures between walls and floors shall be covered and sealed. In all other cases, the juncture between walls and floors shall not present an open seam of more 1/32 inch.

g. Exposed utility service lines and pipes shall be installed in a way that does not obstruct or prevent cleaning of the floor. In all new or extensively remodeled establishments, installation of exposed horizontal utility lines and pipes on the floor is prohibited.

SECTION 750.1210 GENERAL - WALLS AND CEILINGS

a. Walls and ceilings, including doors, windows, and similar enclosures shall be maintained in good repair.

b. The walls, including non-supporting partitions, wall coverings and ceilings of walk-in refrigerating units, food-preparation areas, equipment-washing and utensil-washing areas, toilet rooms and vestibules shall be light-colored, smooth, non-absorbent and easily cleanable. Concrete or pumice blocks used for interior wall construction in these locations shall be finished and sealed to provide an easily cleanable surface.

c. Studs, joists, and rafters shall not be exposed in walk-in refrigerating units, food-preparation areas, equipment and utensil-washing areas, in toilet rooms and vestibules. If exposed in other rooms or areas, they shall be finished to provide an easily cleanable surface.

d. Exposed utility service lines and pipes shall be installed in a way that does not obstruct or prevent cleaning of the walls and ceilings. Utility service lines and pipes shall not be unnecessarily exposed on walls or ceilings in walk-in refrigerating units, food-preparation areas, equipment-washing and utensil-washing areas, toilet rooms and vestibules.

e. Light fixtures, vent covers, wall-mounted fans, decorative materials and similar equipment attached to walls and ceilings shall be easily cleanable and shall be maintained in good repair.

f. Wall and ceiling covering material shall be attached and sealed so as to be easily cleanable.

SECTION 750.1220 GENERAL - CLEANING PHYSICAL FACILITIES

a. Cleaning of floors and walls, except emergency cleaning of floors, shall be done during periods when the least amount of food is exposed, such as after closing or between meals. Floors, mats, duckboard, walls, ceilings, and attached equipment and decorative material shall be kept clean. Only dustless methods of cleaning floors and walls shall be used, such as vacuum cleaning, wet cleaning, or the use of dust-arresting sweeping compounds with brooms.

b. In new or extensively remodeled establishments, at least one utility sink or curbed cleaning facility with a floor drain shall be provided and used for the cleaning of mops or similar wet floor cleaning tools and for the disposal of mop water or similar liquid waste. The use of lavatory, utensil-washing or equipment-washing, or food-preparation sinks for this purpose is prohibited.

SECTION 750.1230 GENERAL - LIGHTING

a. Permanently fixed artificial light sources shall be installed to provide at least 20 foot-candles of light on all food preparation surfaces and at equipment or utensil-washing work areas.

b. Permanently fixed artificial light sources shall be installed to provide, at a distance of thirty inches from the floor:

1. At least 20 foot-candles of light in utensil and equipment storage areas and in lavatory and toilet areas; and

2. At least 10 foot-candles of light in walk-in refrigerating units, dry food storage areas, and in all other areas. This shall also include dining areas during cleaning operations.

SECTION 750.1240 PROTECTIVE LIGHT SHIELDING

a. Shielding to protect against broken glass falling into food shall be provided for all artificial light fixtures located over, by or within food storage, preparation, service and display facilities and facilities where utensils and equipment are cleaned and stored.

b. 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.

SECTION 750.1250 GENERAL - VENTILATION

All rooms shall have sufficient ventilation to keep them free of excessive heat, steam, condensation, vapors, obnoxious odors, smoke and fumes. Ventilation systems shall be installed and operated according to law and, when vented to the outside, shall not create an unsightly, harmful or unlawful discharge.

SECTION 750.1260 SPECIAL VENTILATION

a. Intake and exhaust air ducts shall be maintained to prevent the entrance of dust, dirt and other contaminating materials.

b. In new or extensively remodeled establishments, all rooms from which obnoxious odors, vapors or fumes originate shall be mechanically vented to the outside.

SECTION 750.1270 DRESSING AREAS

If employees routinely change clothes within the establishment, areas shall be designated for that purpose. Those areas shall not be located in areas used for food preparation, storage or service, or for utensil washing or storage.

SECTION 750.1280 LOCKERS

Enough lockers or other suitable facilities shall be provided and used for the orderly storage of employees' clothing and other belongings. Lockers or other suitable facilities may be located only in designated dressing rooms or in food storage rooms or areas containing only completely packaged food or packaged single-service articles.

SECTION 750.1290 POISONOUS OR TOXIC MATERIALS PERMITTED

There shall be present in food service establishments only those poisonous or toxic materials necessary for maintaining the establishment, cleaning and sanitizing equipment and utensils, and controlling insects and rodents.

SECTION 750.1300 LABELING OF POISONOUS OR TOXIC MATERIALS

Containers of poisonous or toxic materials necessary for operational maintenance of the establishment shall be prominently and distinctly labeled in accordance with law. Small working containers of bulk cleaning agents shall be individually labeled for easy identification of contents.

SECTION 750.1310 STORAGE OF POISONOUS OR TOXIC MATERIALS

a. Poisonous or toxic materials necessary for the maintenance of the establishment consists of the following two categories:

1. Insecticides and rodenticides;

2. Detergents, sanitizers, related cleaning or drying agents, and caustics, acids, polishes and other chemicals.

b. Materials in each of these two categories shall be stored and located to be physically separated from each other, shall be stored in cabinets or in similar physically separated compartments or facilities used for no other purpose; and, to preclude potential contamination, shall not be stored above or intermingled with food, food equipment, utensils, or single-service articles except that this latter requirement does not prohibit the convenient availability of detergents or sanitizers at dishwashing stations.

SECTION 750.1320 USE OF POISONOUS OR TOXIC MATERIALS

a. 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 or constitutes a hazard to employees or other persons.

b. Poisonous or toxic materials shall not be used in any way that contaminates food, equipment or utensils, nor in any way that constitutes a hazard to employees or other persons, nor in a way other than in full compliance with the manufacturer's labeling.

SECTION 750.1330 PERSONAL MEDICATIONS

Personal medications shall not be stored in food storage, preparation or service areas.

SECTION 750.1340 FIRST-AID SUPPLIES

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

SECTION 750.1350 GENERAL - PREMISES

a. Food service establishments and all parts of property used in connection with their operation shall be kept free of litter.

b. The walking and driving surfaces of all exterior areas of food service establishments shall be surfaced with concrete or asphalt, or with gravel or similar material effectively treated to facilitate maintenance and minimize dust. The surfaces shall be graded to prevent pooling and shall be kept free of litter.

c. Only articles necessary for the operation and maintenance of the food service establishment shall be stored on the premises.

d. The travel of unnecessary persons through the food-preparation and utensil-washing areas and the presence in those areas of persons not authorized by the management or person in charge is prohibited.

SECTION 750.1360 LIVING AREAS

No operation of a food service establishment shall be conducted in any room used as living or sleeping quarters. Food service operation shall be separated from any living or sleeping quarters by complete partitioning and solid self-closing doors.

SECTION 750.1370 LAUNDRY FACILITIES

a. Laundry facilities in a food service establishment shall be restricted to the washing and drying of linens, cloths, uniforms and aprons necessary to the operation. If such items are laundered on the premises, an electric or gas dryer shall be provided and use.

b. Separate rooms shall be provided for laundry facilities except that such operations may be conducted in storage rooms containing only packaged food or packaged single-service articles.

SECTION 750.1380 LINENS AND CLOTHES STORAGE

a. Clean clothes and linens shall be stored in a clean place and protected from contamination until used.

b. Soiled clothes and linens shall be stored in non-absorbent containers or washable laundry bags until removed for laundering.

SECTION 750.1390 CLEANING EQUIPMENT STORAGE

Maintenance and cleaning tools such as brooms, mops, vacuum cleaners and similar equipment shall be maintained and stored in a way that does not contaminate food, utensils, equipment, or linens and shall be stored in an orderly manner for the cleaning of that storage location.

SECTION 750.1400 ANIMALS

Live animals, including birds and turtles, shall be excluded from within the food service operational premises and from adjacent areas under the control of the establishment. This exclusion does not apply to edible fish, crustacea, shellfish, or to fish in aquariums. Patrol dogs accompanying security or police officers and support animals, e.g. animals, such as canines and primates trained to assist handicapped persons, accompanying such persons shall be permitted in dining areas.

(Source: Amended at 11 Ill. Reg. 2345, effective February 1, 1987)

SUBPART H: MOBILE FOOD SERVICE

SECTION 750.1500 GENERAL - MOBILE FOOD UNITS

Mobile food units and pushcarts shall comply with the requirements of Article II through Article VIII except as otherwise provided in this section and in Section 750.1510 of this Part. The regulatory authority may impose additional requirements to protect against health hazards related to the conduct of the food service establishment as a mobile operation, may prohibit the sale of some or all potentially hazardous foods, and when no health hazard will result, may waive or modify requirements of this Article relating to physical facilities, except those requirements of Section 750.1510 through Section 750.1560.

SECTION 750.1510 RESTRICTED OPERATION

A mobile food unit or pushcart that serves only food that was prepared, packaged in individual servings, transported, and stored under conditions meeting the requirements of this Part or beverages that are not potentially hazardous and are dispensed from covered urns or other protected equipment need not comply with requirements of this Part pertaining to the necessity of water and sewage systems nor to those requirements pertaining to the cleaning and sanitizing of equipment and utensils if the required equipment for cleaning and sanitizing exists at the commissary. However, frankfurters may be prepared and served from these units or pushcarts.

SECTION 750.1520 SINGLE-SERVICE ARTICLES

Mobile food units or pushcarts shall provide only single-service articles for use by the consumer.

SECTION 750.1530 WATER SYSTEMS

A mobile food unit requiring a water system shall have a potable water system under pressure. The system shall be of sufficient capacity to furnish enough hot and cold water for food preparation, utensil cleaning and sanitizing, and handwashing in accordance with the requirements of this Part. The water inlet shall be located so that it will not be contaminated by waste discharge, road dust, oil, or grease, and it shall be kept capped unless being filled. The water inlet shall be provided with a transition connection of a size or type that will prevent its use for any other service. All water distribution pipes or tubing shall be constructed and installed in accordance with the requirements of this Part.

SECTION 750.1540 WASTE RETENTION

If liquid waste results from operation of a mobile food unit, the waste shall be stored in a permanently installed retention tank that is of at least 50 percent larger capacity than the water supply tank. Liquid waste shall not be discharged from the retention tank when the mobile food unit is in motion. All connections on the vehicle for servicing mobile unit waste disposal facilities shall be of a different size or type than those used for supplying potable water to the mobile food unit. The waste connection shall be located lower than the water inlet connection to preclude contamination of the potable water systems.

SECTION 750.1550 BASE OF OPERATIONS

a. Mobile food units or pushcarts shall operate from a commissary or other fixed food service establishment and shall report at least daily to such location for all supplies and for all cleaning and servicing operations.

b. The commissary or other fixed food service establishment used as a base of operation for mobile food units or pushcarts shall be constructed and operated in compliance with the requirements of this Part.

SECTION 750.1560 SERVICING AREA

a. A mobile food unit servicing area shall be provided and shall include at least overhead protection for any supplying, cleaning, or servicing operation. Within this servicing area, there shall be a location provided for the flushing and drainage of liquid waste separate from the location provided for water servicing and for the loading and unloading of food and related supplies. This servicing area will not be required where only packaged food is placed on the mobile food unit or pushcart or where mobile food units do not contain waste retention tanks.

b. The surface of the servicing area shall be constructed of a smooth non-absorbent material, such as concrete or machine-laid asphalt and shall be maintained in good repair, kept clean, and be graded to drain.

c. The construction of the walls and ceilings of the servicing area is exempted from the provisions of Section 750.1210(a) through (f) of this Part.

SECTION 750.1570 SERVICING OPERATIONS

a. Potable water-servicing equipment shall be installed according to law and shall be stored and handled in a way that protects the water and equipment from contamination.

b. The mobile food unit liquid waste retention tank, where used, shall be thoroughly flushed and drained during the servicing operation. All liquid waste shall be discharged to the sanitary sewage disposal system in accordance with Section 750.1050 of this Part.

SUBPART I: TEMPORARY FOOD SERVICE

SECTION 750.1600 GENERAL - TEMPORARY FOOD SERVICE ESTABLISHMENTS

A temporary food service establishment shall comply with the requirements of this Part, except as otherwise provided in this section. The regulatory authority may impose additional requirements to protect against health hazards related to the conduct of the temporary food service establishment, may prohibit the sale of some or all potentially hazardous foods, and when no health hazard will result, may waive or modify requirements of this Part, except those requirements of Section 750.1680 and Section 750.1700.

SECTION 750.1610 RESTRICTED OPERATIONS

a. This Section is applicable whenever a temporary food service establishment is permitted, under the provisions of Section 750.1600 to operate without complying with all the requirements of this Part.

b. Only those potentially hazardous foods requiring limited preparation, such as hamburgers and frankfurters, which require seasoning and cooking, shall be prepared or served. The preparation or service of other potentially hazardous foods, including pastries filled with cream or synthetic cream, custards, and similar products, and salads or sandwiches containing meat, poultry, eggs or fish is prohibited. This prohibition does not apply, however, to any potentially hazardous food that has been prepared and packaged under conditions meeting the requirements of this Part, is obtained in individual servings, is stored at a temperature of 41 F or below, or at temperature of 140 F or above in facilities that meet the requirements of this Part, and is served directly in the unopened container in which it was packaged.

(Source: Amended at 20 Ill. Reg. 2171, effective January 20, 1996)

SECTION 750.1620 ICE

Ice that is consumed or that contacts food shall have been made under conditions meeting the requirements of this Part. The ice shall be obtained only in chipped, crushed or cubed form and in single-use food-grade plastic or wet-strength paper bags filled and sealed at the point of manufacture. The ice shall be held in these bags until used, and when used, it shall be dispensed in a way that protects it from contamination.

SECTION 750.1630 EQUIPMENT

a. Equipment shall be located and installed in a way that facilitates cleaning the establishment and that prevents food contamination.

b. Food-contact surfaces of equipment shall be protected from contamination by consumers and other contaminating agents. Where helpful to prevent contamination, effective shields for such equipment shall be provided.

SECTION 750.1640 WATER

Enough potable water shall be available in the establishment for food preparation, for cleaning and sanitizing utensils and equipment and for handwashing. A heating facility capable of producing enough hot water for these purposes shall be provided on the premises.

SECTION 750.1650 WET STORAGE

The storage of packaged food in contact with water or undrained ice is prohibited, except that cans or bottles of non-potentially hazardous beverages may be so stored when the water contains at least 50 parts per million of available chlorine and is changed often enough to keep both the water and containers clean. Wrapped sandwiches shall not be stored in direct contact with ice.

SECTION 750.1660 WASTE DISPOSAL

All sewage, including liquid waste, shall be disposed of according to law.

SECTION 750.1670 HANDWASHING

A facility shall be provided for employee handwashing. Where water under pressure is unavailable, such facility shall consist of at least a pan, warm water, soap and individual paper towels.

SECTION 750.1680 FLOORS

Floors shall be made of concrete, tight wood, asphalt, or other similar cleanable material, except that dirt or gravel floors may be used if graded to preclude the accumulation of liquids and covered with removable, cleanable platforms or duckboards.

SECTION 750.1690 WALLS AND CEILINGS OF FOOD PREPARATION AREAS

a. Ceilings shall be made of wood, canvas or other material that protects the interior of the establishment from the weather. Walls and ceilings of food preparation areas shall be constructed in a way that prevents the entrance of insects. Doors to food preparation areas shall be solid or screened and shall be self-closing. Screening material used for the walls, doors, or windows shall be at least 16 mesh to the inch.

b. Counter-service openings shall not be larger than necessary for the particular operation conducted. These openings shall be provided with tight-fitting solid or screened doors or windows or shall be provided with fans installed and operated to restrict the entrance of flying insects. Counter-service openings shall be kept closed, except when in actual use.

SECTION 750.1700 SINGLE-SERVICE ARTICLES

All temporary food service establishments shall provide only single-service articles for use by the consumer.

SUBPART J: FOOD SERVICE SANITATION MANAGER CERTIFICATION

SECTION 750.1800 GENERAL

The Food Service Sanitation Manager Certification program shall comply with the requirements of this Part.

(Source: Added at 13 Ill. Reg. 18888, effective December 1, 1989)

SECTION 750.1810 INSTRUCTOR APPROVAL

a. The Food Service Sanitation Manager's Certification course must be taught by a Department approved instructor. Employees of the Illinois Department of Public Health are not eligible to teach the Food Service Sanitation Manager Certification course while employed by the Department.

b. The minimum qualifications for certification or recertification, renewable every 5 years, as a Department approved instructor are all of the following:

1. Possession of a high school diploma or its equivalent.

2. Possession of a valid State of Illinois Food Service Sanitation Manager Certificate.

3. Minimum experience or education prior to initial application or recertification as an approved instructor consisting of one of the following:

A. Two years experience as a food service sanitation manager with written verification from the applicant's employer; or

B. Two years experience as a retail food inspector with written verification from the applicant's employer; or

C. Associate's Degree or higher degree with at least 15 hours of science-related course work verified by the educational institution from which the degree was earned; or

D. Current certification as a Department approved instructor of a Food Service Sanitation Manager Certification course as of October 1, 1998.

4. Completion of the Department Food Service Sanitation Manager Certification Instructor's examination with a final score of 90% or higher. An individual can attempt the instructor's examination twice. If a final score of 90% or higher is not received after the second attempt, the applicant must take an approved Food Service Sanitation Manager Certification course again prior to retaking the instructor's examination.

5. Effective October 1, 1999, completion of at least 20 hours of continuing education every five years for recertification. The continuing education shall cover food safety and sanitation topics. The following are examples of proof of such attendance:

A. A college transcript with course description;

B. A certificate of completion of a course with a course description; or

C. Documentation of continuing education contact hours for training from a professional.

6. When the instructor's certificate has expired for more than 90 days, reapplication shall require compliance with subsections (b)(1) through (4) of this Section.

(Source: Amended at 22 Ill. Reg. 19009, effective October 1, 1998)

SECTION 750.1815 INSTRUCTOR DENIAL

a. The Department shall monitor the performance of all instructors. The Department shall consider the following in granting and revoking approval of certificates for all instructors:

1. instructor performance

2. inability to effectively communicate information to the course participants; and

3. violations of this Part.

b. The holder of said certificate shall be given the opportunity for a hearing before the regulatory authority pursuant to the Department's Rules of Practice and Procedure in AdministrativeHearings (77 Ill. Adm. Code 100).

(Source: Added at 13 Ill. Reg. 18888, effective December 1, 1989)

SECTION 750.1820 COURSE CONTENT

a. The minimum course content and fifteen hours of training is as follows. The instructor should consider expanding the number of contact hours when a review of the participants reveals learning disabilities, language barriers or other inhibiting factors to learning. In order to renew an instructor's certificate, a new syllabus must be submitted using the format outlined in subsection b. of this Section.

b. Subject Area - Specific Elements of Knowledge Hours

1. Identify foodborne illness. 2

A. Define terms associated with foodborne illness; outbreak, food infection, food intoxication, communicable disease, pathogens, potentially hazardous foods, temperature danger zone.

B. Recognize the major microorganisms and toxins that can contaminate food and the problems that can be associated with the contamination: bacteria, viruses, parasites, fungi.

C. Define and recognize potentially hazardous foods.

D. Define and recognize illnesses that can be associated with chemical and physical contamination.

E. Define and recognize the major contributing factors for foodborne illness.

F. Recognize how microorganisms cause foodborne disease.

2. Identify time/temperature relationship with 2 foodborne illness.

A. Recognize the relationship between time/temperature and microorganisms (survival, growth, and toxin production) during the following stages: receiving, storing, thawing, cooking, holding/displaying, serving, cooling, storing (post production), reheating, transporting.

B. Describe the use of thermometers in monitoring food temperatures: types of thermometers, techniques and frequency, calibration and frequency.

3. Describe the relationship between personal hygiene 3 and food safety.

A. Recognize the association of hand contact and foodborne illness: hand washing technique and frequency, proper use of gloves including replacement frequency, minimal hand contact with food.

B. Recognize the association of personal habits and behaviors and foodborne illness: smoking, eating and drinking, wearing clothing that may contaminate food, personal behaviors including sneezing, coughing, etc.

C. Recognize the association of health of a foodhandler to foodborne illness: free of symptoms of communicable disease, free of infections, food protected from contact with open wounds.

D. Recognize how policies, procedures and management contribute to improved food hygiene practices: self inspection program, pest control program, cleaning schedules and procedures, equipment and facility maintenance program.

4. Describe methods for preventing food contamination 3 from purchasing to serving.

A. Define and identify potential hazards prior to delivery and during delivery: contamination, adulteration, damage, approved source, sound and safe condition.

B. Identify potential hazards and methods to minimize or eliminate hazards after delivery: personal hygiene, cross contamination (food to food and equipment and utensils), contamination (chemical, additives, physical), service/display - customer contamination, storage, reservice.

5. Identify and apply correct procedures for cleaning 2 and sanitizing-equipment and utensils.

A. Define terms associated with cleaning and sanitizing.

B. Apply principles of cleaning and sanitizing.

C. Identify materials: equipment, detergent, sanitizer.

D. Apply appropriate methods of cleaning and sanitizing: manual warewashing, mechanical warewashing, clean in place (CIP).

E. Identify frequency of cleaning and sanitizing.

6. Recognize problems and potential solutions 2 associated with facility, equipment, and layout.

A. Identify facility, design, and construction suitable for food establishments: refrigeration, heating and hot holding, floors, walls, ceilings, pest control, lighting, plumbing, ventilation, water supply, wastewater disposal, waste disposal.

B. Identify equipment and utensil design and location.

7. Codes related to food service establishments. 1

A. Public Health Codes & Regulations: responsibilities affecting operation.

i. Illinois Food, Drug and Cosmetic Act (Ill. Rev. Stat. 1991, ch. 56 1/2, par. 501 et seq.) [410 ILCS 620]

ii. Food Service Sanitation Code (77 Ill. Adm. Code 750)

iii. Meat and Poultry Inspection Code (8 Ill. Adm. Code 125) as it pertains to food service establishments.

B. Regulatory Inspection Report and its use as a control tool.

c. Evaluation Examination An examination must be monitored by a Department approved monitor.

(Source: Amended at 17 Ill. Reg. 18588, effective October 15, 1993)

SECTION 750.1830 COURSE APPROVAL

Course approval by the Department is contingent on the following requirements:

a. An approved Food Service Sanitation Manager Certification instructor must teach the course.

b. An approved institution must sponsor the instructor. Such approved institutions are limited to local health departments, community colleges, universities, institutional training programs or nutrition consultation agencies. Exceptions shall be approved only by the Department based on the instructor's demonstrated ability to provide a location, text books, hand-outs or other references, for example, agreements with bookstores to make references available for sale. Any sponsorship may be revoked or suspended by the Department when the sponsor fails to comply with this Part. Prior to such suspension or revocation, the sponsor shall be given the opportunity for a hearing before the regulatory authority pursuant to the Department's Rules of Practice and Procedure in Administrative Hearings (77 Ill. Adm. Code 100).

c. An approved course syllabus is to be used. Each course shall meet the standards for content and length of training. The syllabus shall delineate:

1. text book and other teaching materials used

2. methods and locations used for instructions

3. course content

4. topics and length of class meeting

5. method used to determine students participation and presence during the course sessions, examples, sign-up sheets, roster, etc.

d. Instructors shall submit two copies of the syllabus to the Central Office, Division of Food, Drugs and Dairies, and receive approval prior to teaching a State-approved course. Any syllabus content revision shall be sent to Central Office for approval. One syllabus shall be retained by the Central Office, the second will be sent to the applicable Regional Office.

e. The Department's Food Service Sanitation Manager Certification examination shall not be offered to individuals who participated in a non-approved course or who were taught by a non-approved or inactive instructor unless course waiver applies.

f. A course must have a minimum of five students. For the examination to be monitored by a Department approved monitor who is employed by the Department of Public Health, there must be a minimum of 10 students.

(Source: Amended at 17 Ill. Reg. 18588, effective October 15, 1993)

SECTION 750.1835 MAKE UP WORK

a. The routine use of home-study preparation to complete the 15 hour course requirement shall not be approved. Make-up work; i.e., home study, is reserved for extraordinary situations, such as illness. Its use shall be reviewed on a case-by-case basis and approved by the instructor prior to the student taking the examination. The portions as defined in Section 750.1820(b0(5)(A) and (C) shall be taught in-class only, no make-up waiver will be approved. No more than four of the state-required course hours may be make-up work.

b. Make-up work will include required text and handout readings and written assignments covering the subject missed in class. The homework shall be graded and returned to the student prior to the taking the Food Service Sanitation Certification examination.

c. The class roster will reflect make-up work and its grade for the review of the monitor.

(Source: Added at 13 Ill. Reg.18888, effective December 1, 1989)

SECTION 750.1836 HOME STUDY

Home study other than make-up work as described in Section 750.1835 shall not be approved by the Department unless it meets the criteria in Section 750.1831.
(Source: Amended at 22 Ill. Reg. 19009, effective October 1, 1998)

SECTION 750.1837 COURSE WAIVER

a. The certification course may be waived by the Department if the individual has taken an equivalent course or combination of courses which is equivalent or exceeds Department standards for course content and length. The individual must submit, to the Department, documentation such as a letter from the instructor, transcript, or certificate indicating course completion. Such training must be completed within five years of applying for the Department certificate.

b. If the individual satisifies the above stipulations, they may take the Department certification examination once without taking a Department-approved course. If they do not pass the exam, they must take a Department-approved course prior to taking the examination again.

(Source: Added at 13 Ill. Reg. 18888, effective December 1, 1989)

SECTION 750.1838 COURSE DENIAL

Approval of a course shall be cancelled based on performance of students taking the exam. A failure rate of 33% or higher of the participants in two consecutive classes or in three out of five classes shall be grounds for course disapproval. Department staff shall work closely with each new instructor and assist any instructor with course review or presentation techniques when a second, high failure class is noted.

(Source: Added at 13 Ill. Reg. 18888, effective December 1, 1989)

SECTION 750.1840 RECIPROCITY

a. The Department will recognize similar course work and/or certificates and develop reciprocity agreements or similar approval agreements with industry, state or local health departments, provided that:

1. the course work or certificate was completed within five (5) years of applying for an Illinois Food Service Sanitation Manager certificate, and

2. the standards for certification are essentially equivalent to Section 750.1820 through Section 750.1836, and

3. the reciprocal course and/or certificate is approved by the Department in writing.

b. Reciprocity agreements shall be reviewed on an annual basis.

(Source: Added at 13 Ill. Reg. 18888, effective December 1, 1989)

SECTION 750.1850 CERTIFICATION EXAMINATION

The examination shall reflect the course content and be used as a measure of the candidates knowledge of food service sanitation. In addition, examination formulation shall follow the following guidelines:

a. Questions must be proportionate to the subject areas included under Course Content and Length of Training guidelines delineated under Section 750.1820.

b. The question format shall be multiple choice.

c. New forms of the examination must be pretested to identify questions that could possible be misinterpreted by candidates.

(Source: Added at 13 Ill. Reg. 18888, effective December 1, 1989)

SECTION 750.1855 TESTING CRITERIA

Any organization seeking approval from the Department to develop and administer a Food Service Sanitation Manager Certification examination shall comply with the following criteria:

a. Each organization seeking approval to develop and administer an examination shall provide background information naming:

1. The organization's name, address, telephone number and other identifying information; and

2. A description of the scope of usage of the examination including the time period in use, number of examinations already administered and any government or other agencies already approving the examination.

b. Each organization shall provide information about the development and administration of the examination for which approval is sought, including:

1. Formation of the examination questions with number of items in the question bank, source of questions, method of composition, job relatedness;

2. Content validity based on "Specific Elements of Knowledge" in Section 750.1820 or job analysis to provide an equivalent description of the knowledge, skills and abilities required of the occupation of food service sanitation manager;

3. Evidence that the examination includes sanitation requirements of the Illinois Food Service Sanitation Code (77 Ill. Adm. Code 750);

4. Actual numerical score resulting from testing;

5. Methods for periodic review of the examination;

6. Methods used to provide alternate examination forms (retakes) from the bank of questions;

7. Alternate language forms;

8. Item analysis data to show each examination is performing at the same difficulty and reliability levels; and

9. Policies and procedures used to administer examination.

c. Each testing organization shall assure security mechanisms which:

1. Provide effective security during preparation, printing, transportation, handling, administration and destruction of the examinations;

2. Ensure approved organization monitors are present during administration of the examinations;

3. Maintain a tracking system for all examinations; and

4. Make provisions to remove a particular version if the examination has been compromised.

d. Each testing organization shall assure administration of examinations in compliance with Subpart J of this Part by:

1. Verifying the eligibility of candidates according to Code requirements; and

2. Providing the necessary staff and resources to administer, monitor and grade examinations.

e. Each testing organization shall collect and make available to the Department certain performance criteria:

1. Statistics following examination development which indicate percentage answering each item correctly, numbers choosing each distractor, reliability estimates, discrimination indexes;

2. An annual report showing the number of candidates tested, the number passing the examination, the number failing the examination; and

3. Within 10 working days of each examination, class enrollment information: each candidate's name, home address, social security number (voluntary), passing/failing score, date of examination and names of approved instructor and monitor.

f. The Department shall reserve the right to audit operations to verify security measures and compliance with this Part.

g. Each testing organization with an examination previously approved by the Department shall have two years following the effective date of this amendment to provide the requested information.

(Source: Added at 17 Ill. Reg. 18588, effective October 15, 1993)

SECTION 750.1860 EXAMINATION NOTIFICATION

The instructor shall complete and submit an "Examination Date Notification" form (see Appendix B) to the Department at least 30 days prior to the examination.

(Source: Added at 13 Ill. Reg. 18888, effective December 1, 1989)

SECTION 750.1861 CLASS ENROLLMENT FORM

a. The instructor shall submit a completed "Class Enrollment" form (see Appendix C) at the time of the examination. The presence of a student's name on this list is the instructor's verification that the individual completed the required course. The monitor shall confirm the list with the class roster.

b. The names shall be listed on the entrance in alphabetical order.

(Source: Added at 13 Ill. Reg. 18888, effective December 1, 1989)

SECTION 750.1862 ADMINISTRATION OF EXAMINATION

a. The examinations shall be stored and administered under secure conditions. They shall be inventoried prior to and immediately following each administration of the examination. "Secured" means that access to the examination is essentially limited to the monitor of the examination or an agent of the Department.

b. Location of the exams shall be monitored and kept in a log at all times. The State of Illinois Food Service Sanitation Manager Certification exams shall not be out of the Department for more than 10 days. Exams shall be sent by Certified Mail, UPS, hand delivered or other method approved by the Department.

(Source: Added at 13 Ill. Reg. 18888, effective December 1, 1989)

SECTION 750.1865 MONITORS

a. There shall be one approved monitor for every 35 students taking the examination.

b. Approved monitors for the State examination shall be restricted to individuals in one of the following groups and must complete and submit a monitor's agreement form, if the examination location is not a designated regional location. This form must be submitted 30 days prior to the examination date.

1. Illinois Department of Public Health personnel;

2. Local Health Department personnel;

3. State institution personnel; i.e., Department of Corrections;

4. Community colleges or university sponsored personnel; and

5. Department approved Food Service Sanitation Manager Certification instructors.

c. Testing organizations approved in Section 750.1855 of this Part must submit for Department review and approval criteria for approving monitors for their examinations.

d. The Department reserves the right to determine who may function in the role as a monitor for the State examination and to audit the performance of any monitor for any approved examination. The Department shall suspend or revoke permission to serve as a monitor in the event of a breach of test security, provision of assistance to students taking the exam, repeated failure to return exams within a timely manner, cheating, changing of students' answers, duplicating test materials, conflict of interest, and otherwise failing to comply with this Part.

e. The monitor shall confirm the identity of the individual who wishes to take the examination by photograph identification, driver's license or student identification card. In the event that the individual does not have a photographic identification card, a legal document which bears the individual's signature shall be acceptable.

f. The monitor shall confirm that the individual has taken an approved course prior to retaking the examination in one or more of the following methods:

1. Instructor at the examination site will confirm that he/she instructed the individual.

2. Individual submits the Department fail letter sent to him and the monitor confirms the name and address on the letter against the person's identification.

3. Individual submits the "Permission To Retake Certification Examination" form (see Appendix D) which has been signed by the instructor. The monitor must confirm the name listed on the form with the person's identification.

(Source: Amended at 22 Ill. Reg. 19009, effective October 1, 1998)

SECTION 750.1868 CHEATING

a. An individual determined to have cheated on the Certification examination shall not be entitled to certification. The individual must retake an approved course before taking the examination again.

b. An individual determined to have cheated on the Instructor's examination shall not be certified as an instructor.

(Source: Added at 13 Ill. Reg. 18888, effective December 1, 1989)

SECTION 750.1870 RE-TEST CLASS

The Department reserves the right to approve or reject retest requests and to retest individuals or a class:

a. if it appears that there was substantial probability that cheating occurred.

b. if it appears that the examination integrity was compromised.

(Source: Added at 13 Ill. Reg. 18888, effective December 1, 1989)

SECTION 750.1876 DICTIONARY

An individual who speaks English as a secondary language may use a dictionary which translates English to the native language.

(Source: Added at 13 Ill. Reg. 18888, effective December 1, 1989)

SECTION 750.1880 RETAKE EXAMINATION

a. An individual shall only retake the exam twice. If the person does not pass the exam after three attempts, they must again take an approved course prior to taking the exam. All attempts at retaking the examination must completed within six months of completing the course.

b. An individual may retake the examination by scheduling it with the Department, or with another class, if first approved by the class instructor.

(Source: Added at 13 Ill. Reg. 18888, effective December 1, 1989)

SECTION 750.1890 CERTIFICATES

The certificates will be valid for five years unless revoked under Section 750.560 of the Food Service Sanitation Code.

(Source: Added at 13 Ill. Reg. 18888, effective December 1, 1989)

SECTION 750.1895 CHANGE OF ADDRESS

Certificate holders shall inform the Department of any name and address changes. Legal documentation such as marriage certificate, divorce decree or court approved name change shall be provided for any name change.

(Source: Added at 13 Ill. Reg. 18888, effective December 1, 1989)

SUBPART K: REDUCED OXYGEN PACKAGING

SECTION 750.2000 GENERAL

Reduced oxygen packaging of food products in retail food establishments shall comply with the requirements of this Part.

(Source: Added at 16 Ill. Reg. 15995, effective October 1, 1992)

SECTION 750.2010 ACCEPTABLE PRODUCTS

A list of products approved by the regulatory authority for reduced oxygen packaging shall be posted in the processing area along with a warning against packaging unapproved foods.

(Source: Added at 16 Ill. Reg. 15995, effective October 1, 1992)

SECTION 750.2020 EMPLOYEE TRAINING

Retail employees assigned to process foods in reduced oxygen packages must be familiar with these rules and the potential hazards associated with reduced oxygen packaged foods. A description of the training and course content provided to the retail employees must be available for review by the regulatory authority.

(Source: Added at 16 Ill. Reg. 15995, effective October 1, 1992)

SECTION 750.2030 REFRIGERATION REQUIREMENTS

Prior to July 1, 1996, all retail processed foods in reduced oxygen packages must be refrigerated at 45 F or below or kept frozen at 0 F or below. Effective July 1, 1996, all retail processed foods in reduced oxygen packages shall be refrigerated at 41 F or below, at all times, except as otherwise provided in this Part. Refrigeration units unable to maintain a product temperature of 41 F may continue to be used until January 1, 2006, provided the product temperature is maintained at 45 F or less at all times and all potentially hazardous foods prepared on-site or opened containers/packages of commercially processed food products are dated and refrigerated for no longer than three days after preparation or opening, respectively.

(Source: Amended at 20 Ill. Reg. 2171, effective January 20, 1996)

SECTION 750.2031 LABELING - REFRIGERATION STATEMENTS

All retail packaged foods in a reduced oxygen atmosphere shall bear a statement "Important - Must Be Kept Refrigerated" or "Important - Must Be Kept Frozen" in addition to other required information. This statement must appear on the principal display panel in bold type on a contrasting background using this format:

Important
Must Be Kept
Refrigerated

Important
Must Be Kept
Frozen

(Source: Added at 16 Ill. Reg. 15995, effective October 1, 1992)

SECTION 750.2032 LABELING - "USE BY" DATES

Each package of refrigerated retail processed food in a reduced oxygen atmosphere shall bear a "use by" date. This date cannot exceed 14 days from retail processing. Also, the date assigned by the retailer shall not go beyond the manufacturer's recommended "pull date" for the food. The "use by" date must be listed on the principal display panel in bold type on a contrasting background. Foods that remain frozen before, during, and after processing are exempt from this requirement.

(Source: Added at 16 Ill. Reg. 15995, effective October 1, 1992)

SECTION 750.2040 SAFETY BARRIERS

Prior to July 1, 1996, refrigeration at 45 F or less is required as the primary safety barrier. Effective July 1, 1996, all retail processed foods in reduced oxygen packages shall be refrigerated at 41 F or below, at all times, except as otherwise provided in Section 750.2030. Only refrigerated foods that possess one or more of the following secondary safety barriers can be packaged in a reduced oxygen atmosphere at retail:

a. Foods with a water activity (a[w]) below .93, or

b. Foods with an acidity (pH) of less than 4.6, or

c. Foods with high levels of non-pathogenic competing organisms that prohibit the growth of pathogenic bacteria, or

d. Meat or poultry products processed under U.S.D.A. or Illinois Department of Agriculture supervision with a nitrite level of at least 120 PPM and a minimum brine concentration of 3.5%, or

e. Frozen foods provided the product is maintained in a frozen state before, during and after packaging.

(Source: Amended at 20 Ill. Reg. 2171, effective January 20, 1996)

SECTION 750.2041 FISH AND FISHERY PRODUCTS

Raw or processed fish and fishery products may not be packaged at retail in a reduced oxygen atmosphere unless held frozen before, during and after packaging.

(Source: Added at 16 Ill. Reg. 15995, effective October 1, 1992)

SECTION 750.2042 SAFETY BARRIER VERIFICATION

The safety barrier requirement must be verified in writing for all foods processed in a reduced oxygen atmosphere at retail. This can be accomplished via written certification from the product manufacturer or through independent laboratory analysis of the incoming product using the official method of analysis.

a. Any changes in product formulation or processing procedures that impacts on the safety barrier requires recertification of the product.

b. All barrier certifications must be updated every twelve months or immediately in the event of a change in product ingredients, process or barriers.

c. A record of all safety barrier verifications must be maintained and available at the processing site for regulatory review to determine compliance with the criteria specified in Section 750.2040.

d. Meat and poultry products, cured under U.S.D.A. inspection or a state program equal to U.S.D.A., with a nitrite level of at least 120 PPM and a brine concentration of at least 3.5% are exempt from the safety barrier verification requirements.

(Source: Added at 16 Ill. Reg. 15995, effective October 1, 1992)

SECTION 750.2050 HAZARD ANALYSIS CRITICAL CONTROL POINT (HACCP) PROGRAM

All retail food establishments processing food in a reduced oxygen atmosphere must develop a HACCP Program and maintain a copy of this program at the processing site for review by the appropriate regulatory authority. This HACCP Program shall include:

a. A complete description of the processing, packaging and storage procedures. The program must also identify the critical control points in the procedure with a description of how these will be monitored and controlled and provide barrier certifications for all foods;

b. A list of the equipment and food-contact packaging supplies used;

c. A description of the lot identification system;

d. A description of the employee training program;

e. If gases are used, identification of the gases as being of food grade quality and a listing by proportion of gas(es) used in the packaging;

f. A description of the procedure along with frequency for cleaning and sanitizing the involved food-contact surfaces in the processing area; and

g. A description of action to be taken if there is a deviation from the process approved by the regulatory agency.

(Source: Added at 16 Ill. Reg. 15995, effective October 1, 1992)

SECTION 750.2060 PRECAUTIONS AGAINST CONTAMINATION

Only unopened packages of commercially manufactured food products can be used to process in a reduced oxygen atmosphere. If it is necessary to stop processing for a period in excess of one-half hour, the remainder of the product must be diverted for another use in the retail operation.

(Source: Added at 16 Ill. Reg. 15995, effective October 1, 1992)

SECTION 750.2070 DISPOSITION OF EXPIRED PRODUCT

Retail processed reduced oxygen foods that exceed the "use by" date or the manufacture's "pull date" cannot be sold or donated in any form and must be destroyed in a proper manner.

(Source: Added at 16 Ill. Reg. 15995, effective October 1, 1992)

SECTION 750.2080 DEDICATED AREA - RESTRICTED ACCESS

All aspects of reduced oxygen packaging shall be conducted in an area specifically designated for this purpose.

a. There shall be a physical separation to prevent cross-contamination between raw and cooked products.

b. Access to the processing area shall be restricted to responsible trained personnel who are familar with the potential hazards of this operation.

(Source: Added at 16 Ill. Reg. 15995, effective October 1, 1992)

SUBPART L: MEAT AND POULTRY PROCESSING AND LABELING

SECTION 750.3000 EXCEPTIONS

Meat products which are prepared, packaged and labeled in establishments operating under the inspection of the United States Department of Agriculture, pursuant to the authority of the Federal Wholesome Meat Act and regulations promulgated thereunder and meat products which are prepared and labeled in establishments operating under the inspection of the Illinois Department of Agriculture, pursuant to the authority of the Meat and Poultry Inspection Act (Ill. Rev. Stat. 1991, ch. 56 1/2, pars. 301 et seq.) and regulations promulgated thereunder, shall not be subject to the requirements of Subpart L.

(Source: Added at 16 Ill. Reg. 15995, effective October 1, 1992)

SECTION 750.3100 MEAT AND POULTRY LABELING

Every package of meat or poultry or meat or poultry product shall comply with all labeling requirements of Section 750.110(g) of this Part.

a. All ground beef is to be labeled "Ground Beef", "Chopped Beef" or "Hamburger." When beef cheek meat (trimmed beef cheeks) is used in the preparation of chopped beef, ground beef or hamburger, the amount of such cheek meat shall be limited to 25 percent and its presence shall be declared on the label, either contiguous to the name of the product or in the ingredient statement.

b. It is not necessary to indicate the lean-to-fat content. However, if it is shown, the label must indicate "Not Less than % Lean," or "Not More Than % Fat." An example would be:

GROUND BEEF
Not Less Than 75% Lean
or
Not More Than 25% Fat

c. An added descriptive name may be used where the ground beef is prepared from a specific beef cut such as the chuck, round, sirloin, etc. An example would be:

GROUND BEEF CHUCK
or
GROUND BEEF CHUCK
Not Less Than 75% Lean

d. The label of a prepacked product which conforms to the definition of "Beef Pattie Mix", as prescribed in Section 750.10, shall declare, in addition to the name of the product, the percentage by weight of beef contained in the product, and the common or usual name of each ingredient in decreasing order of its predominance. Binders or extenders and/or partially defatted beef fatty tissue may be used without added water or with added water only in amounts such that the product characteristics are essentially that of a meat pattie. If displayed in bulk, a placard must be exhibited to identify the product in accordance with this rule. A sample label or placard would be:

BEEF PATTIE MIX
70% Beef
Ingredients: Beef, water non-meat protein extenders

e. "Seasoning" permitted in ground or chopped beef or hamburger or poultry may include salt, natural sweeteners, spices, flavoring, including essential oils, oleoresins and other spice extractives, monosodium glutamate, hydrolyzed vegetable protein and similar flavorings when used in condimental proportions. Seasoning does not include coloring, sulfites or color enhancers.

f. The requirements which apply to ground beef shall also apply to veal, lamb, pork or poultry if offered in the chopped or ground form. If these ground meats are merchandised as a combination package, each component must be indicated on the label. A sample label for beef, lamb, pork and poultry would be:

Ground Beef - Beef
Ground Lamb - Lamb
Ground Pork - Pork
Ground Turkey - Turkey
Ground Veal - Veal

g. Fanciful or characterizing names of ground meats or poultry are permitted, but only if they do not obscure or replace the approved name. The fanciful or characterizing name may be placed on the regular price-weight label or on a separate label but the approved identification must appear conspicuously and unobscured.

h. No grade designation may be used for ground meat or poultry. After trimming and grinding, meat loses its grade identification and therefore does not have a grade in the ground form.

i. "Previously Frozen" must be labeled on the package, container or wrapping, in type of uniform size and prominence so as to be readable and understood by the general public if a meat or meat food product or poultry or poultry food product has been frozen prior to sale.

j. Meat, poultry, game birds or game animals smoked or processed as a service to the customer shall be marked with the customer's name and labeled "not for sale."

(Source: Amended at 20 Ill. Reg. 3210, effective February 5, 1996)

SECTION 750.3200 SMOKED MEAT, POULTRY AND OTHER FOOD PRODUCTS

a. Any smoking operation shall comply with all other applicable requirements of this Part.

b. Approved materials for use with a smoke generator include hardwood, hardwood sawdust, corn cobs, and natural liquid smoke. Products approved by U.S.D.A., FDA or the Illinois Department of Agriculture meet these safety requirements.

c. The internal temperature of any smoked product shall comply with the requirements of Section 750.180 (Cooking Potentially Hazardous Foods).

1. Automatic recording thermometers with internal product temperature probes or a metal-stemmed thermometer shall be available and used whenever product is smoked.

2. Product to be smoked shall be uniformly sized to ensure that each piece reaches the required end cooking temperature.

3. When a cold smoking process is used for cosmetic purposes, that is, to add smoke color or flavor to a pre-cooked product, the cold smoke process must be of such duration that the product temperature remains at or below 45 F prior to July 1, 1996, and at or below 41 F effective July 1, 1996.

d. A Hazard Analysis Critical Control Point program shall be available in the processing area to describe the smoking process. It shall consist of written procedures describing the preparation, smoking, handling, packaging and holding of the smoked products. It shall include, at a minimum:

1. Defrosting procedures, if used;

2. Time/Temperature requirements for cooking and smoking;

3. Cooling procedures;

4. Identification of the critical control points in the procedure with a description of how these will be monitored and controlled;

5. Designation of a dedicated work area where raw product is handled and a separate work area for cooked or smoked product to prevent cross-contamination;

6. Description of the cleaning and sanitizing procedures, including frequency; and

7. Samples of labels with all ingredients contained in the product.

(Source: Amended at 20 Ill. Reg. 2171, effective January 20, 1996)

SECTION 750.3300 CURING OF MEAT AND POULTRY

a. No food service establishment shall cure meat and/or poultry on the premises of the food service establishment without written approval from the Department or its designee.

b. Any food service establishment desiring to conduct curing operations on the premises shall submit a written application to the appropriate local health department for review. The application shall include all information required in this Section and shall be product specific. The local health department will perform a preliminary review of the application. The local health department shall forward the application and its recommendation regarding the application, along with any comments, to the Department for final approval. The Department may, upon request of a local health department, enter into an agreement with the local health department to allow the local health department to grant final approval for meat and poultry curing operations within its jurisdiction. Prior to commencing curing operations, the local health department shall perform an on-site inspection of the food service establishment to ensure that the curing operations conform to the approved HACCP plan. Where no local health department exists, the Department will accept and review HACCP plans and will conduct on-site inspections of the facility.

c. A list of acceptable products approved for curing within the food service establishment must be available in the processing area of the establishment.

d. Employees assigned to cure meat or poultry must complete a training course developed by the food service establishment and demonstrate familiarity with this Section and the potential hazards associated with the curing of foods. A description of the training course content provided to the employees must be included in the application and available for review by the local health department.

e. An approved HACCP plan is required for all curing operations. The following criteria must be met for the curing of meat and poultry in the establishment. All critical control points must be addressed including purchase of prepared cure mixes; use of calibrated and certified weighing devices if cure mixes are blended on the premises instead of pre-mixed blends; storage of cure ingredients in a dry, protected location; and discarding of any packet if it becomes wet.

f. Raw material handling must be considered when thawing to prevent temperature abuse. Improperly thawed meat can cause insufficient cure penetration. Temperature abuse can cause spoilage or growth of pathogens. Curing may not be used to salvage meat that has excessive bacterial growth or spoilage.

g. Formulation, Preparation and Curing:

1. A formulation and preparation procedure must be documented;

2. All equipment and utensils must be cleaned and sanitized;

3. Pieces of meat or poultry must be prepared to uniform size to assure uniform cure penetration (this is extremely critical for dry and immersion curing);

4. Calibrated and certified scales with decals affixed indicating that the scales have been calibrated and certified by the Department of Agriculture, or one of their registered service companies, must be used to weigh ingredients;

5. A schedule or recipe must be established for determining the exact amount of curing formulation to be used, using only pre-measured and weighed packets, for a specified weight of meat or meat mixture;

6. Methods and procedures must be strictly controlled to ensure uniform cure;

7. Mixing of curing formulation with comminuted ingredients must be controlled and monitored (See 9 CFR 318 and 381);

8. All surfaces of meat or poultry must be rotated and rubbed at intervals of sufficient frequency to assure cure penetration when a dry curing method is used;

9. Immersion curing requires periodic mixing of the batch to facilitate uniform curing;

10. The application of salt during dry curing of muscle cuts requires that the temperature of the product be strictly controlled between 35 F and 41 F. The lower temperature is set for the purpose of assuring cure penetration and the upper temperature is set to limit microbial growth (See 9 CFR 318.10(c)(3)(iv));

11. Curing solutions must be discarded daily unless they remain with the same batch of product during its entire curing process;

12. Injection needles must be inspected for plugging when stitch pumping or artery pumping of muscle cuts is performed;

13. Sanitary casings must be provided for sausage, chub or loaf forming; and

14. Casings may not be stripped for reuse in forming additional chubs or sausages from batch to batch.

h. Cooking and smoking shall be done according to Section 750.180, Cooking Potentially Hazardous Foods, or Section 750.3200, Smoked Meat, Poultry or Other Food Products (See also 9 CFR 318.17 and 318.23).

i. Cooling:

1. Cooling shall be done according to Section 760.150(c)(1)(A) and (B), with written cooling procedures established;

2. Chill water used in water sprays or immersion chilling which is in direct contact with products in casings or products cooked in an impervious package must be properly chlorinated;

3. Chill water temperature must be monitored and controlled;

4. Chill water may not be reused until properly chlorinated. Reclaimed chill water must be discarded daily;

5. Product must be placed in a manner that allows chilled water or air to uniformly contact the product for assurance of uniform cooling;

6. Internal temperatures must be monitored during cooling by using calibrated temperature measuring devices;

7. Adequate cooling medium circulation must be maintained and monitored;

8. Temperatures of the cooling medium must be monitored and recorded in accordance with a written procedure;

9. Direct hand contact with product during cooling, peeling of casing and packaging is prohibited.

ii. Fermentation and Drying:

1. Fermentation and drying must be done in conjunction with a cooking or smoking step in accordance with subsection (g) of this Section and 9 CFR 318.10(c)(3);

2. Temperature and time must be controlled during fermentation or drying and record logs that record the monitoring of this process must be maintained;

3. Humidity must be controlled during fermentation or drying by use of a humidistat. Monitoring of the process must be recorded in a written log;

4. The product must be kept separated during fermentation and drying to allow adequate air circulation during the process;

5. The use of an active and pure culture must be assured to effect a rapid pH drop of the product. Use of commercially produced culture is necessary and the culture must be used according to the manufacturer's instructions;

6. Determination of the pH of fermented sausages at the end of the fermentation cycle must be recorded;

7. Dry (unfermented) products may not be hot smoked until the curing and drying procedures are completed; and

8. Semi-dry fermented sausage must be heated after fermentation to a time/temperature sufficient to meet requirements in Section 750.180 (Cooking Potentially Hazardous Foods).

iii. All aspects of curing operations must be conducted in an area specifically designated for this purpose. There must be an effective separation to prevent cross contamination between raw and cooked foods or cured and uncured foods. Access to processing equipment shall be restricted to responsible trained personnel who are familiar with the potential hazards inherent in curing foods.

iv. Any records required in this Section must be retained by the food service establishment for at least 6 months.

(Source: Added at 20 Ill. Reg. 3210, effective February 5, 1996)

APPENDICES

SECTION 750.APPENDIX A RETAIL FOOD SANITARY INSPECTION REPORT

GRAPHIC MATERIAL

See printed copy of IAC for detail

(Source: Added at 13 Ill. Reg. 18888, effective December 1, 1989)

SECTION 750.APPENDIX B EXAMINATION DATE NOTIFICATION FORM

ILLINOIS DEPARTMENT OF PUBLIC HEALTH
OFFICE OF HEALTH PROTECTION
DIVISION OF FOOD, DRUGS & DAIRIES

Food Service Sanitation Manager Certification
Examination Date Notification Form

INSTRUCTOR NAME:      I.D.#      DAYTIME PHONE:      SPONSOR NAME:

COURSE INFORMATION

DATES:                             TIMES:

LOCATION:                       ROOM#:

EXAMINATION INFORMATION

EXAMINATION                 State      Spanish
TYPE:                              Educational      Testing      Education      Foundation
                                        Service             Other
                                        Retake

NUMBER OF APPLICANTS:

*LOCATION:                    ROOM#:


EXAMINATION DATE:       TIME:

MONITOR NAME:                                    MAILING ADDRESS:
CITY STATE ZIP

(Mailing address for UPS delivery if applicable)

DAYTIME PHONE:

*****************************************************************

*If examination location is not the designated Regional location, a
completed Monitor's Agreement Form must be attached. These forms must be
submitted 30 days prior to the examination date.

(Source: Amended at 17 Ill. Reg. 18588, effective October 15, 1993)

SECTION 750.APPENDIX C CLASS ENROLLMENT FORM

ILLINOIS DEPARTMENT OF PUBLIC HEALTH
OFFICE OF HEALTH PROTECTION
DIVISION OF FOOD, DRUGS AND DAIRIES


Food Service Sanitation Manager Certification
Class Enrollment Form

Examination Date: Location:

EXAMINATION             State                             Spanish
TYPE:                           Educational Testing      Education Foundation
                                     Service                         Other
                                     Retake
Instructor's Name:                               ID#:
Address:                                              City:      State:      Zip:
Daytime Phone:
Sponsor:

I (Instructor) cerify that I have taught the State Food Service Sanitation Course according to the State requirement and the individuals listed below are eligible to take the examination.


Name (list alphabetically by last name), Address, City, State, Zip Code, Check if Retake, Score

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.


Instructor's Signature, Date, Monitor's Signature, Date

=======================================================================
[FOR REGIONAL USE ONLY]

Region:

Signature:

(Source: Amended at 17 Ill. Reg. 18588, effective October 15, 1993)

SECTION 750.APPENDIX D PERMISSION TO RETAKE CERTIFICATION EXAMINATION FORM

 

ILLINOIS DEPARTMENT OF PUBLIC HEALTH

OFFICE OF HEALTH PROTECTION
Request for Permission to Retake

Food Service Manager Certification Examination

Name: (Last) (First) (Middle Initial)

Address:

Social Security #:                                     Course

School:                                                     Instructor:

Date of Course:                                        thru

Dates of previous exams: First

Signature: (Instructor)

(Source: Added at 13 Ill. Reg. 18888, effective December 1, 1989)

SECTION 750.APPENDIX E MONITOR'S AGREEMENT FORM

 

ILLINOIS DEPARTMENT OF PUBLIC HEALTH

OFFICE OF HEALTH PROTECTION

Division of Food, Drugs & Dairies

Food Service Sanitation Manager Certification

Monitor's Agreement Form

I, (Name), representing (LHD, Community College, Agency, etc.) agree to be the designated monitor for the State of Illinois Food Service Sanitation Manager Certification examination at __________ and/or in 18588county. I agree to abide by the Food Service Sanitation Certification examination monitor guidelines as provided by the Illinois Department of Public Health, Division of Food, Drugs and Dairies.

Date

Monitor Signature

Address

Daytime Telephone Number