Changes to Food Regulations in New Mexico by NM Restaurant Association

New Mexico Restaurant Association Overview of Changes to Food Regulations in New Mexico www.nmrestaurants.org 505-343-9848

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Your Host Carol Wight CEO New Mexico Restaurant Association www.nmrestaurants.org 505-343-9848

Introducing Johnathan Gerhardt Food Program Manager New Mexico Environment Department Environmental Health Bureau www.nmrestaurants.org 505-343-9848

Jurisdiction NMED vs Albuquerque & Bernalillo www.nmrestaurants.org 505-343-9848

Overview of Changes Food Regulations 2018

Overview Adoption of most recent Food Code Model Code developed by the FDA Updating from 2013 to 2017 Modifications, additions, and omissions Update Food Handler Card and Certified Manager requirements What this meeting is not

Food Code Updates #2 as-is New term defined Intact Meat Intact Meat means a cut of whole muscle(s) MEAT that has not undergone COMMINUTION, INJECTION, MECHANICAL TENDERIZATION, or reconstruction.

Food Code Updates #6 as-is New Section 2-401.13 2-401.13 Use of Bandages, Finger Cots, or Finger Stalls If used, an impermeable cover such as a bandage, finger cot or finger stall located on the wrist, hand or finger of a FOOD EMPLOYEE working with exposed FOOD shall be covered with a single-use glove.

Food Code Updates #7 as-is Modified Section 2-501.11 Clean-up of Vomiting and Diarrheal Events Requires procedures to be written Added the word written in existing section Implied, but now clarified NMED provides a version for use on website

Food Code Updates #8 as-is Modified Section 3-302.11 by adding (A)(1)(c) Clarify avoiding cross contamination of fruits and veggies 3-302.11 Packaged and Unpackaged Food -Separation, Packaging, and Segregation. (A) FOOD shall be protected from cross contamination by: (1) Except as specified in (1)(d) below, separating raw animal FOODS during storage, preparation, holding, and display from: (c) Fruits and vegetables before they are washed;

Food Code Updates #9 as-is Modified Section 3-401.11(A)(1)(b) to include Intact Meat Replaced the word Meat with Intact Meat

Food Code Updates #10 as-is Modified Section 3-401.11(A)(2) to increase cooking time of certain foods Increased cooking time from 15 seconds to 17 seconds for the following foods: -Ratites -Mechanically tenderized meat -Injected meat -Comminuted fish, meat, game animals -Raw eggs broken and cold/hot held

Food Code Updates #11 as-is Modified Section 3-401.11(A)(3) to decrease cooking time of certain foods Decreased cooking time from 15 seconds to <1 second (instantaneous) for the following foods: -Poultry -Baluts -Wild game -Stuffed fish, meat, pasta, poultry, ratites -Stuffing containing fish, meat, poultry, or ratites

Food Code Updates #12 as-is New Section 4-303.11 4-303.11 Cleaning Agents and Sanitizers, Availability (A) Cleaning agents that are used to clean EQUIPMENT and UTENSILS as specified under Part 4-6, shall be provided and available for use during all hours of operation. (B) Except for those that are generated on-site at the time of use, chemical SANITIZERS that are used to sanitize EQUIPMENT and UTENSILS as specified under Part 4-7, shall be provided and available for use during all hours of operation.

Food Code Updates #13 modified Modified Section 5-203.11 to remove use of chemically treated towelettes for use in place of handwashing sinks Removed: (C) If APPROVED, when FOOD exposure is limited and HANDWASHING SINKS are not conveniently available, such as in some mobile or TEMPORARY FOOD ESTABLISHMENTS or at some VENDING MACHINE LOCATIONS, EMPLOYEES may use chemically treated towelettes for handwashing.

Food Code Updates #14 modified Modified Section 8-301.11 allowing a required inspection before issuance or renewal of permit Same requirement as 2000 Food Regulations Added: (E) Prior to the issuance of a Permit or the renewal of a Permit, the Regulatory Authority shall make inspections of the Food Establishment or Food Processing Plant as it deems necessary.

Food Code Updates #15 as-is New 8-404.11(C)(1)-(3) Allow opportunity for operation to continue (with NMED approval) during extended electrical or water service outage (C) Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the REGULATORY AUTHORITY may agree to continuing operations in the event of an extended interruption of electrical or water service if: (1) A written emergency operating plan has been APPROVED; (2) Immediate corrective action is taken to eliminate, prevent, or control any FOOD safety risk and IMMINENT HEALTH HAZARD associated with the electrical or water service interruption; and (3) The REGULATORY AUTHORITY is informed upon implementation of the written emergency operating plan.

Food Code Updates #16 addition New 7.6.2.16 Catering Food Establishments Same requirements as 2000 Food Regulations A. In addition to complying with the requirements specified in 7.6.2.8 NMAC food establishments that cater shall comply with the requirements specified in the section. B. Catering food establishments shall: (1) operate from a permitted food establishment or servicing area, (2) be permitted and operated separately from other permitted food establishments or servicing areas, (3) upon request by the regulatory authority, provide a schedule of events to be catered, and (4) supply a handwashing sink as specified in Paragraph (4) of Subsection D of 7.6.2.11 NMAC, the catering activity includes preparation, delivery, and/or display, service, and restocking of food that is not packaged.

Update #17 as-is Adoption of most recent National Shellfish Sanitation Program Guide for Control of Molluscan Shellfish Updating from 2013 to 2017 Adopting as-is with no changes

Reminders Employee Individuals working in a Food Establishment Food Employee Individuals working with unpackaged food, food equipment or utensils, or food-contact surfaces Person in Charge PIC Individuals present and responsible for the operation at the time of inspection

Food Code Update #3 Modified Certified Food Protection Manger (2-201.12) 2016 Version 2018 Version A Certified Food Protection Manager is required for each Food Permit issued by NMED. A Certified Food Protection Manager is permitted to be responsible for more than a single food establishment with an approved variance. Effective date of one year after effective date of Regulations. Effective date of three months after effective date of Regulations.

Food Code Update #4 Modified Food Protection Manger Certification (2-102.20(B)) 2016 Version 2018 Version (B) A FOOD ESTABLISHMENT that has an EMPLOYEE that is certified by a FOOD protection manager certification program that is evaluated and listed by a Conference for FOOD Protection- recognized accrediting agency as conforming to the Conference for FOOD Protection Standards for Accreditation of FOOD Protection Manager Certification Programs is deemed to comply with 2102.12. (B) A FOOD ESTABLISHMENT that has an PERSON IN CHARGE EMPLOYEE that is certified by a FOOD protection manager certification program that is evaluated and listed by a Conference for FOOD Protection- recognized accrediting agency as conforming to the Conference for FOOD Protection Standards for Accreditation of FOOD Protection Manager Certification Programs is deemed to comply with 2102.12.

Update #5 Modified Food Handler Card 2016 Version 2018 Version Food Employees who handle any foods are required to have a Food Handler Card. Food Employees who only handle non-TCS foods are exempt, provided the permit holder provides training and maintains record of training. * *NMED Food Program is developing a training curriculum packet for use by permit holders.

Update #5 Modified Food Handler Card 2016 Version 2018 Version Food Employees who handle any foods are required to have a Food Handler Card. Employees or volunteers who occasionally function as Food Employees are exempt, provided the permit holder provides training and maintains record of training. * *NMED Food Program is developing a training curriculum packet for use by permit holders.

Update #5 Modified Food Handler Card 2016 Version 2018 Version Food Employees of temporary events are exempted, provided one person with a Food Handler Card is present at all times. Food Employees, or volunteers working as Food Employees, are exempted, provided that the permit holder provides training and maintains record of training. * *NMED Food Program is developing a training curriculum packet for use by permit holders.

Update #5 Modified Food Handler Card 2016 Version 2018 Version Effective date of one year after effective date of regulations. Effective date of three months after effective date of regulations. *NMED Food Program is developing a training curriculum packet for use by permit holders.

Resources Available www.env.nm.gov/foodprogram/

Resources Online Regulations Retail Food Field Guide Important Changes to Regulations Person in Charge Fact Sheet Employee Health Resources Food Handler Card FAQ s Approved Food Handler Card Programs Certified Food Protection Manger Requirement Vomit and Diarrhea Event Cleanup Guides Forms

The Retail Food Field Guide

Vomit & Diarrhea Clean up Guides

PIC Fact Sheet

Employee Health Hiring Resources

Timeline Public meeting continue: Roswell July 17 Santa Fe July 18 Albuquerque July 19 Farmington July 23 Public comments Final day August 10 food.program@state.nm.us Hearing before Environmental Improvement Board August 24 9:30am @ State Capitol in Santa Fe Effective Date November 1

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THANK YOU! You can contact Carol at executive@nmrestaurants.org www.nmrestaurants.org 505-343-9848