Massachusetts Retail Food Regulations Fact Sheet

105 CMR 590.000/Food Code Fact Sheet

Massachusetts Chapter X (105 CMR 590.000) of the State Sanitary Code Revised

The Massachusetts Department of Public Health completed a major revision of its retail food and food service establishments regulation. The new document has two parts: the adoption of the federal Food Code and additional Massachusetts-specific regulations.

The adoption of the federal Food Code is the core of the regulation.

Second, the additional regulations are supplements to the federal Food Code. The supplement includes definition of terms, deletion of specific federal Food Code provisions, and inclusion of additional requirements that presently are not included in the federal Food Code.

1. What is the Food Code
2. Why do I need a copy of the Food Code?
3. Why do I need a copy of the revised 590.000?
4. How do I obtain a copy of the 1999 Food Code?
5. How do I obtain a copy of the revised 590.000?
6. When will the new 590.000 go into effect?
7. Will there be 590.000 Workshops for industry and local boards of health?
8. What are some of the significant changes in the regulation?

What is the Food Code?
The U.S. Food and Drug Administration (FDA) publishes the federal Food Code, a document of food sanitation regulations for retail outlets (i.e., restaurants, grocery stores, nursing homes, etc.).

Local, state and federal regulators rely on the FDA federal Food Code to develop and refine food safety regulations, while striving to achieve national uniformity. Many states as well as local-government jurisdictions have adopted the federal Food Code in its entirety. Presently, as many as one million U.S. retail food establishments are regulated by the federal Food Code.

The federal Food Code is updated every two years.

Why do I need a copy of the Food Code?
The Massachusetts Department of Public Health (MDPH) determined that the appropriate method of revising the Massachusetts food regulation was to adopt the 1999 Food Code by reference, thus incorporating the entire Food Code into 590.000. Adopting by reference ensures that the Massachusetts regulation will always conform to the federal standard.Because the federal Food Code has been adopted as part of 105 CMR 590.000 and is the core of the newly promulgated regulation, it is recommended that you obtain a copy of the 1999 Food Code. Familiarity with the federal Food Code will be necessary starting on October 1, 2000, the date when the revision of 105 CMR 590.000 goes into effect.

Why do I need a copy of the revised 590.000?
The revised 590.000 includes regulations that are specific to Massachusetts. These regulations include requirements for special operations such as residential kitchens and mobile food units, and requirements about administration, licensing and enforcement.

These provisions are NOT included in the federal Food Code.

How do I obtain a copy of the 1999 Food Code?
Copies of the 1999 Food Code are available on-line:

• 1999 Food Code in HTML or PDF versions (1Mb; 1.2 Mb uncompressed) and Word Perfect 6/7/8 version compressed in self-extracting zip format (623Kb; 2Mb uncompressed) are available on-line and can be downloaded from the FDA website: http://vm.cfsan.fda.gov/~dms/fc99-toc.html.

The 1999 Food Code may also be ordered from National Technical Information Services (NTIS). For ordering options, call NTIS at 1-800-553-6847 or 703-605-6000.

• To order directly on-line, the NTIS website is: http://www.ntis.gov/yellowbk/1nty831.htm
  
• Or write: National Technical Information Service, U.S. Department of Commerce, Springfield, VA 22161

The 1999 Food Code is also available for sale at the State House Bookstore, Room 116, Massachusetts State House, Boston, MA, (617-727-2834).

How do I obtain a copy of the revised 590.000?
Official copies of the revised 105 CMR 590.000 and the 1999 Food Code will be available for sale after October 1, 2000 at the:

State Book Store, Room 116, Massachusetts State House, Boston, Massachusetts, (617-727-2834)

Western Office of the Secretary of the Commonwealth at 436 Dwight Street, Springfield, MA, (413-784-1376)

Southeast District Office of the Secretary of the Commonwealth at 218 South Main Street,Suite 206, Fall River, MA (508-646-1374).

As a courtesy, a final draft of the revised 590.000 is available on the MDPH Division of Food and Drug - Food Protection Program web site:

When will the new 590.000 go into effect?
October 1, 2000.

Will there be 590.000 Workshops for industry and local boards of health?
To ensure the availability of comprehensive training in the requirements of the new 590.000, the Department has coordinated statewide training programs with:

• industry

Massachusetts Restaurant Association: 1-800-852-3042
Massachusetts Food Association: 1-617-542-3505

• local regulatory associations

Massachusetts Health Officers Association: 1-781-740-2442
Massachusetts Association of Health Boards: 1-800-940-MAHB.

What are some of the significant changes in the regulation?
New requirements include:

Detailed charts that provide specific time, temperature and humidity parameters for cooking meat and other raw foods derived from animals.

• Modification of time and temperature controls for cooking hamburgers and pork, as well as criteria for types of beef that can be served rare without a consumer advisory.
• Recommendations to food establishment managers on how to ensure appropriate food workers' health and hygiene practices, including provisions that prohibit bare-hand contact with ready-to-eat food.
• Requirements mandating that food-establishment managers are knowledgeable in the prevention of foodborne illness.
• Provisions for using "time" instead of "time and temperature" as a public health control.
• Safe handling instructions for retail operations that package meat and poultry.
• Modification of recommendations related to reduced-oxygen packaging to more clearly address Clostridium botulinum as a potential hazard in certain packaging processes.
• Methods food establishments may use to advise consumers of the increased risk of foodborne illness when ready-to-eat, animal-derived foods are offered raw or undercooked.
• Enhanced food safety protection for at-risk populations.
• Modifications in general administrative procedures.
• Modification of requirements for mobile food operations.
• Application of HACCP (Hazard Analysis Critical Control Point) in routine inspections and variance requests.