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MISSOURI FOOD CODE DOCUMENT

Missouri Food Code for the

Food Establishments of the State of Missouri

Publication Date: June 3, 2013 1

MISSOURI FOOD CODE

Chapter

Title

Table of Contents

Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Chapter 7 Chapter 8 Index

Definitions Management and Personnel Food Equipment, Utensils, and Linens Water, Plumbing, and Waste Physical Facilities Poisonous or Toxic Materials Compliance and Enforcement

Page

3 19 29 55 75 85 92 95 100

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Chapter 1: Definitions

1-101.10 Food Code. These provisions shall be known as the Food Code, hereinafter referred to as "this Code."

1-102.10 Food Safety, Illness Prevention, and Honest Presentation. The purpose of this Code is to safeguard public health and provide to consumers food that is safe, unadulterated, and honestly presented.

1-103.10 Statement. This Code establishes definitions; set standards for management and personnel, food operations, equipment and facilities, and drinking and non-drinking water and wastewater; and establishes procedures for approval to open, Hazard Analysis and Critical Control Points (HACCP) plans, and enforcement by the department.

1-201.10 Statement of Application and Listing of Terms. (A) The following definitions shall apply in the interpretation and application of this Code. (B) Terms Defined. As used in this Code, each of the terms listed in ? 1-201.10(B) shall have the meaning stated below. Accredited Program. (1) "Accredited program" means a food protection manager certification program that has been 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 that certify individuals. (2) "Accredited program" refers to the certification process and is a designation based upon an independent evaluation of factors such as the sponsor's mission; organizational structure; staff resources; revenue sources; policies; public information regarding program scope, eligibility requirements, re-certification, discipline and grievance procedures; and test development and administration. (3) "Accredited program" does not refer to training functions or educational programs. Additive. (1) "Food additive" means any substance, the intended use of which results or may reasonably be expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any food including any substance intended for use in producing, manufacturing, packing, processing, preparing, treating, radiation intended for any such use, if such substance is not generally recognized as safe under the conditions of its use; except such term does not include a pesticide chemical residue in or on a raw agricultural commodity or processed food; a pesticide chemical; a color additive; any substance used in accordance with a sanction or approval granted prior to the enactment of relevant federal laws; a new animal drug; or an ingredient in, or intended for use in, a dietary supplement. (2) "Color additive" means a dye, pigment, or other substance, which is capable of imparting color when added or applied to food, drug, cosmetic, or to the human body and requires prior approval by the Food and Drug Administration (FDA); except such term does not include any material which the Secretary of Health and Human Services, by regulation, determines is used or intended to be used solely

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for a purpose or purposes other than coloring or any pesticide chemical, soil or plant nutrient, or other agricultural chemical solely because of its effect in aiding, retarding, or otherwise affecting, directly or indirectly, the growth or other natural physiological processes of produce of the soil and thereby affecting its color, whether before or after harvest. "Adulterated" means a food that: (1) Bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this subdivision if the quantity of such substance in such food does not ordinarily render it injurious to health; or (2) Bears or contains any added poisonous or added deleterious substance which is unsafe within the meaning of Section 196.085, RSMo; or (3) Consists, in whole or in part, of any diseased, contaminated, filthy, putrid, or decomposed substance, or if it is otherwise unfit for food; or (4) Has been produced, prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered diseased, unwholesome, or injurious to health; or (5) Is, in whole or in part, the product of a diseased animal or of an animal which has died otherwise than by slaughter, or that has been fed upon the uncooked offal from a slaughterhouse; or (6) Its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or (7) Any valuable constituent has been in whole or in part omitted or abstracted therefrom; or (8) Any substance has been substituted wholly or in part therefore; or (9) Damage or inferiority has been concealed in any manner; or (10) Any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength or make it appear better or of greater value than it is; or (11) It is confectionery and it bears or contains any alcohol or nonnutritive article or substance except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of four-tenths of one percent (0.4%), harmless natural wax not in excess of four-tenths of one percent (0.4%), harmless natural gum, and pectin; provided, that this subdivision shall not apply to any confectionery, by reason of its containing less than five percent (5%) by weight of alcohol, or to any chewing gum by reason of its containing harmless nonnutritive masticatory substances; or (12) It bears or contains a coal tar color other than one from a batch, which has been certified under authority of the Federal Food, Drug and Cosmetic Act (Title 21 U.S.C. 301 et seq.; 52 Stat. 1040 et seq.). "Approval to open" means certificate issued by the regulatory authority authorizing a food establishment to commence operations as a food establishment due to its meeting minimum requirements set forth by the regulatory authority. "Approved" means acceptable to the regulatory authority based on a determination of conformity with principles, practices, and generally recognized standards that protect public health. Asymptomatic.

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(1) "Asymptomatic" means without obvious symptoms; not showing or producing indications of a disease or other medical condition, such as an individual infected with a pathogen but not exhibiting or producing any signs or symptoms of vomiting, diarrhea, or jaundice.

(2) "Asymptomatic" includes not showing symptoms because symptoms have resolved or subsided, or because symptoms never manifested.

"aw" means water activity which is a measure of the free moisture in a food, is the quotient of the water vapor pressure of the substance divided by the vapor pressure of pure water at the same temperature, and is indicated by the symbol AW.

"Balut" means an embryo inside a fertile egg that has been incubated for a period sufficient for the embryo to reach a specific stage of development after which it is removed from incubation before hatching.

"Beverage" means a liquid for drinking, including water. "Bottled drinking water" means water that is sealed in bottles, packages, or other

containers and offered for sale for human consumption, including bottled mineral water. "Casing" means a tubular container for sausage products made of either natural or artificial (synthetic) material. "Certification number" means a unique combination of letters and numbers assigned by a shellfish control authority to a molluscan shellfish dealer according to the provisions of the National Shellfish Sanitation Program. "CFR" means Code of Federal Regulations and is a compilation of the general and permanent rules published in the Federal Register by the executive department and agencies of the federal government. CIP. (1) "CIP" means cleaned in place by the circulation or flowing by mechanical means

through a piping system of a detergent solution, water rinse, and sanitizing solution onto or over equipment surfaces that require cleaning, such as the method used, in part, to clean and sanitize a frozen dessert machine. (2) "CIP" does not include the cleaning of equipment such as band saws, slicers, or mixers that are subjected to in-place manual cleaning without the use of a CIP system. "Commingle" means: (1) To combine shellstock harvested on different days or from different growing areas as identified on the tag or label, or (2) To combine shucked shellfish from containers with different container codes or different shucking dates. Comminuted. (1) "Comminuted" means reduced in size by methods including chopping, flaking, grinding, or mincing. (2) "Comminuted" includes fish or meat products that are reduced in size and restructured or reformulated such as gefilte fish, gyros, ground beef, and sausage; and a mixture of two (2) or more types of meat that have been reduced in size and combined, such as sausages made from two (2) or more meats. "Conditional employee" means a potential food employee to whom a job offer is made, conditional on responses to subsequent medical questions or examinations designed

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