MDH Delegation Agreements - health.state.mn.us · MDH Delegation Agreements: Aitkin County ... Dan Delano Olmsted County PHS [email protected] Government ... Dan Tew ; Yum

Attachment A 1 of 2

MDH Delegation Agreements:

Aitkin County

Anoka County

City of Bloomington

City of Brooklyn Park

Brown, Nicollet, Counties

Cottonwood County

Watonwan County

P4H (Clay, Wilkin, Ottertail)

Countryside Public Health (Big Stone, Swift, Chippewa, LaC Qui Parle, Yellow Medicine Counties)

City of Edina

Faribault-Martin Counties

Hennepin County

Douglas County

Pope County

Kandiyohi-Renville Counties

Lake County

LeSueur-Waseca Counties

City of Maplewood

City of Minneapolis

City of Minnetonka

Morrison County

Todd County

Olmsted County

Ramsey County (not including the City of St. Paul)

City of Richfield

City of St. Cloud

Stearns County

South West Health and Human Services (Lincoln, Lyon, Murray, Pipestone, Redwood, Rock Counties)

1

Attachment A 2 of 2

Wadena County

Washington County

City of Wayzata

MDA Delegation Agreements:

Hennepin County

Ramsey County

City of Bloomington

City of Brooklyn Park

City of Minneapolis

City of Minnetonka

City of Saint Cloud

2

Selected Enteric Pathogens Reported to MDH, 2000-2015

25

5 20 'i 1 &.1s 0 ~ 10 ~

8. ., ~ 5

Campylobacter

Cryptospond,um

04--------~---..;:

90

80

70 ~ .,,

60 .. ]

50 ~ c5 0 40 z

30

20

10

0

1,tf>o 1,tf>"' 1,tf>1, ,,tf>"' 1,tf>"' 1,tf>"' 1,tf>" 1,tf>' 1,0">0 1,0">"> 1,0">1, 1,0">"' 1,0~ 1,0">

Foodborne Outbreaks by Etiology, Minnesota, 1999-2015 (n=872)

Noroviru$ 57%

13%

'

Salmonell.J

Other/unknown

Attachment C

Outbreaks by Month, Minnesota, 2002 - 2016 IO

"' ., ~ ., f n .c - .. ::, 0 .. 0 ,. :;; u .c ' E ::, . z 0

Month of Outbreak Co,1f}r~d a,td wspecred noroWl'us ourl'feakS, oN rto()sm{s.s/o() four es

Attachment D

Attachment E1

MINNESOTA FOOD CODE RULE REVISION

ADVISORY COMMITTEE MEMBERSHIP

Paul Allwood, University of Minnesota Lillian Otieno, SUPERVALU

Jon Christensen, Minnesota Association

of Meat Processors

Ruth Petran, ECOLAB/University of

Minnesota Ph.D. Candidate

Arlene Coco, Prairie Kitchen Food Safety

Training

Jamie Pfuhl, Minnesota Grocers

Association

Dan DeLano, Olmsted County Joseph Scimeca, Governors Food Safety

and Defense Task Force/Cargill

Chris Gindorff, Lund Food Holdings John Schiltz, Lake Elmo Inn

Ed Gorman, Gormans Restaurant O. Peter Snyder, Hospitality Institute of

Technology and Management

Bill Gunther, City of St. Paul Ken Schelper, Davannis

Tim Jenkins, City of Minneapolis Karen Swenson, Brown-Nicollet

Environmental Health

Jill Johnson, Local Public Health

Association Representative

John Tracy, Stearns County

Kristofer Keller, Washington County John Weinand, City of Minnetonka

Health Division

Nona Narvaez, Anaphylaxis and Food

Allergy Association

Angie Wheeler, Minnesota Environmental

Health Association (MEHA)

Jim Olson, McDonalds (Franchisee) Dale Yamnik, YUM Brands, Inc.

Greg Abel, U.S. Food and Drug

Administration Ex officio

State Community Health Services Advisory

Committee (SCHSAC) to be determined

03/01/2010

1111111 Minnesota 11111.11 Department of Htalth

Attachment E2 1of 2

2014 - 2015 Food Code Rule Revision Advisory Committee Member List

Name Business Email Notes *Jodie Burke

*Lesli Haines

Winona County Community Services Public Health

[email protected]

[email protected]

Government

Mark Clary Ramsey County [email protected] Government

Dan Delano Olmsted County PHS [email protected] Government Leah Driscoll

Alt. Mike Driscoll

Amherst Wilder Foundation [email protected] Non-Profit

Chris Gindorff Lund Foods Holdings [email protected] Industry Kristofer Keller

Alt. Justina Pope

Washington County Public Health

[email protected]. us

[email protected]

Government

Ryan Krick City of Minneapolis [email protected] Government Jeff Luedeman MEHA [email protected] MEHA

G. Bert Mattson Mickeys Dinner [email protected] Industry Michael Meyer Director, Business

Development, Canterbury Park

[email protected] Industry

Esther Motyka Anoka-Hennepin Schools Director,

[email protected] Minnesota School Nutrition Association

mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]

Name Business Email Notes Nona Narvaez Anaphylaxis & Food Allergy

Association of MN [email protected] Interest Group

Chele Payer Small Business Consultant [email protected] Industry

Ruth Petran Ecolab, Inc. [email protected] Industry Jamie Pfuhl MN Grocers Association [email protected] Industry

Mark Rossi University of Minnesota [email protected] University Ken Schelper Davannis & MN Restaurant

Association & Hospitality [email protected] Industry

*Jill Schewe

*Mary Youle

Care Providers of Minnesota

Aging Services of Minnesota

[email protected]

[email protected]

Industry

Peter Snyder SnyderHACCP [email protected] Industry

Karen Swenson Brown-Nicollet Environmental Health

[email protected] Government

John Weinand City of Minnetonka [email protected] Government Dan Tew Yum Brands Inc. [email protected] Industry

Kathy Zeman

Alt. Cecilia Coulter

Minnesota Farmers Market Association

[email protected]

[email protected]

Farmers Market Community

Greg Abel FDA [email protected] Ex Officio

Attachment E2 2of 2

*shared seat

MDH-FPLS Section 651-201-4500

March 2 2016 Rev.3

mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]

Attachment F 1 of 1

Brainstorming Exercise of March 18, 2010 Food Code Advisory Committee Meeting

Committee members were given five post-it notes to use to vote on their top five issues. Top five* interest areas are:

Votes Interest 16 Consistency with FDA 16 Bare hand contact 16 Science/Risk based code 12 Categories of three-tiered violations

7 Allergens *This includes grouping like issues from all small groups. All of issues and their respective rankings are listed below.

Other Issues Identified During the Small Group Brainstorming Votes Interest 5 Front-line food worker training (compliance with PIC duty expectations results) 4 For cleaning allowing room for new technologies 4 CFM duties and clarifications in retail food environment 3 Concern of food code and ma and pa restaurants (certain language lost) 3 Address buying local foods 2 Enforceability technical vs. simple 1 Follow HACCP outline 1 Performance standard based 1 Use of hand sanitizers (in place of hand washing) 1 Norovirus as reportable illness 1 Define/Comply with GMPs 1 Glove issues 1 Certification renewal measure of learning 1 More public awareness of Code 0 Definition of PHFs 0 Vagueness of direction for grease traps vs. plumbing code 0 2007 Code or 2009 Code 0 Food code needs to be easy to modify 0 Flexibility? 0 Processed produce washing 0 Verification of time/temp (i.e. 165 degrees for 15 seconds) 0 Cabinet surfaces need clarity in guidelines. For example, Formica, sheet vinyl,

poured floors in walk-ins, etc. when is it acceptable? (Health vs. Ag definition) 0 Structured approach 0 Measureable 0 Food code needs to be easy to modify 0 Flexibility?

MINNESOTA DEPARTMENT OF

AGRICULTURE

Attachment H 1 of 9

Minnesota Food Code Rule Revision Advisory Committee Meeting January 23, 2014

12:30 pm - 3:00 pm Host O.L. Freeman Building Room B107

District Office Videoconference Locations: Bemidji, Duluth, Fergus Falls, Mankato, Marshall, Rochester, St. Cloud

Agenda:

1. Welcome 2. Status of the Advisory Committee 3. Status of the Rule Revision Effort 4. FDA 2013 Model Food Code

http://www.fda.gov/downloads/Food/GuidanceRegulation/RetailFoodProtection/FoodCode/UCM3 74510.pdf

5. New Issues 6. Next Steps 7. Adjourn

If you should have any questions or concerns, please contact Linda Prail, MDH by email at [email protected] or by phone at 651-201-5792.

MDH EH Division FPLS Section

651-201-4500

http://www.fda.gov/downloads/Food/GuidanceRegulation/RetailFoodProtection/FoodCode/UCM374510.pdfmailto:[email protected]://www.fda.gov/downloads/Food/GuidanceRegulation/RetailFoodProtection/FoodCode/UCM3

Attachment G 1 of 1

2014 Minnesota Food Code Advisory Committee Videoconference/Meeting Dates

Food Code Advisory Committee

Videoconference/Meeting Dates

Host Site Time Participating DO Sites

January 23, 2014 Freeman B107 12:30PM- 3:00 PM Bemidji, Duluth, Fergus Falls, Mankato, Marshall, Rochester,

St. Cloud

February 25, 2014 Freeman B107 12:30 PM-3:00 PM Bemidji, Duluth, Fergus Falls, Mankato, Marshall, Rochester,

St. Cloud

April 29, 2014 Freeman B107 12:30 PM 3:00 PM

Mankato, Duluth, Rochester, Bemidji, St. Cloud, Fergus Falls, Marshall

May 27, 2014 Freeman B107 12:30 PM 3:00 PM


June 24, 2014 Freeman B107 12:30 PM 3:00 PM


July 22, 2014 Freeman B107 12:30 PM 3:00 PM


August 26, 2014 Freeman B107 12:30 PM 3:00 PM


September 23, 2014 Freeman B107 12:30 PM 3:00 PM


November 4, 2014 Canceled Freeman B107 12:30 PM 3:00 PM


November 25, 2014 Canceled and Rescheduled for December 8, 2014

Freeman B107 12:30 PM 3:00 PM



AGRICULTURE

Attachment H 2 of 9

Minnesota Food Code Rule Revision Advisory Committee Meeting February 25, 2014



Agenda:

1. Welcome 2. Introductions 3. Update on the Rule Revision Process 4. NSF Requirement 5. New 2013 FDA Food Code Language 6. Status of the Committee Membership 7. Subcommittees 8. Next Steps/Next Meeting 9. Adjourn



651-201-4500

mailto:[email protected]


AGRICULTURE

Attachment H 3 of 9

Minnesota Food Code Rule Revision Advisory Committee Meeting April 29, 2014



Agenda:

1. Welcome 2. Introductions of New Members 3. Suggestions For Other New Members 4. Subcommittees 5. 2013 Food Code Changes 6. Other Proposed Changes 7. Next Steps 8. Chapter 4



651-201-4500



AGRICULTURE

Attachment H 4 of 9

Minnesota Food Code Rule Revision Advisory Committee Meeting May 27, 2014



Agenda:

1. Welcome 2. New Member Introductions (alternates?) 3. Possible Additional Members 4. Rule Revision Status Update 5. Council for Food Protection Meeting Re-Cap 6. Legislative Session Re-Cap 7. Equipment, Finishes and Utensil Requirements (Chapter 4)

a. MEHA Survey Results b. Assisted Living Comments c. Minnesota Farmers Market Association

8. Food Storage Areas (4626.1370 and 4626.1360, FDA 6-201.16 and 6-201.18) 9. Three Compartment Sinks - Olmsted County 10. Subcommittees

a. Cost of Revisions b. Outreach

11. Next Steps



651-201-4500


Attachment H 5 of 9

Minnesota Food Code Rule Revision Advisory Committee Meeting June 24, 2014



Agenda: Please read the materials for the bolded items (6 & 8)

1. Welcome 2. Introduction of New Members 3. Possible Additional Members 4. Subcommittees 5. Rule Revision Status Update 6. Chapter 4 Language: Equipment, Utensils and Finishes (current code

and FDA 2013 code) 7. Handwashing: Water Under Pressure 8. FDA 3-301.11 9. Sinks 10.Next Steps 11.Adjourn



651-201-4500

https://www.revisor.mn.gov/rules/?id=4626http://www.fda.gov/downloads/Food/GuidanceRegulation/RetailFoodProtection/FoodCode/UCM374510.pdfhttp://www.fda.gov/downloads/Food/GuidanceRegulation/RetailFoodProtection/FoodCode/UCM374510.pdfmailto:[email protected]

Attachment H 6 of 9

Minnesota Food Code Rule Revision Advisory Committee Meeting July 22, 2014



Agenda:

1. Welcome 2. Announcements 3. New Members 4. EH Continuous Improvement BoardTom Hogan, Division Director,

Environmental Health Division (EHD) 5. FDA 4-602.11 (pg. 171) Greg Abel, USFDA 6. Barehand Contact (see attached proposal) 7. Sinks (FDA 4-501.16 B, (pg. 165) 5-205.11 , (pg. 191), MN 4626.0760 and

4626.0780) 8. Subcommittees 9. Cost Calculations 10.Other issues 11.Next step 12.Adjourn



651-201-4500

http://www.fda.gov/downloads/Food/GuidanceRegulation/RetailFoodProtection/FoodCode/UCM374510.pdfhttp://www.fda.gov/downloads/Food/GuidanceRegulation/RetailFoodProtection/FoodCode/UCM374510.pdfhttp://www.fda.gov/downloads/Food/GuidanceRegulation/RetailFoodProtection/FoodCode/UCM374510.pdfhttps://www.revisor.mn.gov/rules/?id=4626.0760https://www.revisor.mn.gov/rules/?id=4626.0780mailto:[email protected]

Attachment H 7 of 9

Minnesota Food Code Rule Revision Advisory Committee Meeting August 26, 2014



Agenda:

1. Welcome 2. Updates & Announcements

a. Howk Letter 3. Sinks, 3-Comp./Scrap-Cleaning & Sanitizing (attached) 4. Long-Term Care Imperatives Recommendations (attached) 5. Other Food Code Issues

a. Food Worker Training Subcommittee Recommendation (attached)

6. Who is affected by the Revisions? 7. Cost of Revisions 8. Next step 9. Adjourn



651-201-4500



AGRICULTURE

Attachment H 9 of 9

Food Code Advisory Committee Meeting

Date: December 8, 2014 Time: 12:30 pm 3:00 pm Host: Linda Prail, MDH District Office Videoconference Locations: Bemidji, Duluth, Fergus Falls, Freeman, Mankato, Marshall, Rochester, St. Cloud

Agenda

1. Welcome and Introductions 2. Updates Steven Diaz, MDH 3. Food Charter Tim Jenkins, MDH 4. Financial Information for SONAR 5. Next Steps



651-201-4500


Attachment H 8 of 9

Minnesota Food Code Rule Revision Advisory Committee Meeting September 23, 2014 12:30 pm - 3:00 pm

Host O.L. Freeman Building Room B107 District Office Videoconference Locations: Bemidji, Duluth, Fergus Falls,

Mankato, Marshall, Rochester, St. Cloud

Agenda:

1. Welcome & Announcements 2. Hand Contamination from Public Restroom Doors (attached) 3. Updates

a. Minnesota Food Charter Update b. Food Code Rule Revision Status

4. Who is Affected by the Revisions: Review of List (attached) 5. Work on Cost Estimates (attached) 6. Adjourn



651-201-4500


Attachment I 1 of 2

Recommendations

Citation; MN Food Code and

FDA Model Food Code Advisory Committee Approved Motion MDH Manager and

Supervisors Decision

MDA Manager and


Reasoning

1) 4626.0070 (2-301.12)

Cleaning Procedures Take out word "warm"

B. (1) rinse under clean, running warm water;

(4) thoroughly rinse under clean, running warm water;

and

Do not accept

recommendation; use

FDA Language

Do not accept

recommendation; use

FDA Language

Even though

warm or hot

water may not

assist in the

cleaning process,

warm water is

more comfortable

for most people

and this may

encourage more

and longer

handwashing.

2) 4626.0070 (2-301.13)

Special Hand Wash

Procedures

Do not accept CCC II language which would

keep the following language: 2-301.13 Special Handwash Procedures.*

A. A nail brush shall be used:

(a) upon reporting to work,

(b) after using the toilet room, and

(c) after other gross contamination of the

hands occur.

B. A double-handwash is required after using the

toilet.

Accept

recommendation; use

FDA Language

Accept

recommendation; use

FDA Language

We want to wait

and see what CFP

and USFDA

decides on this

issue before

making accepting

any language on

special handwash

procedures.

1




MDA Manager and


Reasoning

3) 4626.0075 (2-301.14)

When to Wash &

4626.0080 (2-301.15)

Where to Wash

Accept CCCII proposed language; highlighted

language is significant new language from the FDA

Model Code.

4626.0075 2-301.14 WHEN TO WASH.

Food employees shall clean their hands and exposed

portions of their arms as specified in part 4626.0070

immediately before engaging in food preparation

including working with exposed food, clean

equipment and utensils, and unwrapped single-service

and single-use articles and:

A. after touching bare human body parts other than

clean hands and clean, exposed portions of arms;

B. after using the toilet;

C. after caring for or handling service animals or

aquatic animals as specified in 4626.0120;

D. Except as specified in 4626.0105(B), after

coughing, sneezing, using a handkerchief or

disposable tissue, using tobacco, eating, or drinking;

E. after handling soiled equipment or utensils;

F. during food preparation, as often as necessary to

remove soil and contamination and to prevent cross-

contamination when changing tasks;

G. when switching between working with raw foods

and working with ready-to-eat foods; 1H. before donning gloves for working with food; and

I. after engaging in other activities that contaminate

the hands.

4626.0080 2-301.15 WHERE TO WASH.

Food employees shall clean their hands in a

handwashing sink or approved automatic

handwashing facility and may not clean their hands in

a sink used for food preparation or warewashing, or in

a service sink or a curbed cleaning facility used for the

disposal of mop water and similar liquid waste.

Accept with one small

addition to

B. after using toilet

room.

Accept NA

1 Advisory Committee thought the highlighted part was very important.

2

http://www.revisor.leg.state.mn.us/arule/4626/0070.htmlhttp://www.revisor.leg.state.mn.us/arule/4626/0120.html




MDA Manager and


Reasoning

4) 4626.0020 Subp. 32 (FDA)

Easily Cleanable Accept CCCII recommended language

Easily cleanable.

A. Easily cleanable" means a characteristic of a

surface that:

(1) allows effective removal of soil by normal

cleaning methods;

(2) is dependent on the material, design,

construction, and installation of the surface; and

(3) varies with the likelihood of the surfaces

role in introducing pathogenic or toxigenic agents or

other contaminants into food based on the surfaces

approved placement, purpose, and use.

B. Easily cleanable includes a tiered application of the criteria that qualify the surface as easily cleanable

as specified in Subparagraph (1) of this definition to

different situations in which varying degrees of clean

ability are required such as:

(1) the appropriateness of stainless steel for a

food preparation surface as opposed to the lack of

need for stainless steel to be used for floors or for

tables used for consumer dining; or

(2) the need for a different degree of clean

ability for a utilitarian attachment or accessory in the

kitchen as opposed to a decorative attachment or

accessory in the consumer dining area.

Accept

recommendation; use

FDA 2009 language

which is the same as

CCCII

Accept

recommendation; use

FDA language which is

the same as CCCII

NA

3




MDA Manager and


Reasoning

5) 4626.2010 Subp. 5

Certified Food Protection

Manager Requirements

For Food Establishments

-Duties of Certified Food

Manager

Move this to Subpart 4626.0035 (2-103.11)

Person in Charge

Subp. 5. Duties of certified food manager. An

owner or operator, through the certified food

manager, is responsible for ensuring that:

A. hazards in the day-to-day operation of

the food establishment are identified;

B. policies and procedures to prevent

foodborne illness are developed and

implemented;

C. employees are trained to ensure that

there is at least one trained individual present at

all times food preparation activities are conducted

who can demonstrate the knowledge required in

the Code;

D. food preparation activities are directed

and corrective action is taken, as needed, to

protect the health of the consumer; and

E. in-house self-inspections of daily

operations are conducted on a periodic basis to

ensure that food safety policies and procedures

are followed.

Rescinded Rescinded Rescinded

4




MDA Manager and


Reasoning

6) 4626.0340 (3-401.14) Non- Recommend the following language Accepted; Accepted; NA Continuous Cooking of (A) Raw animal foods shall not be cooked using use Advisory use Advisory Raw Animal Foods non-continuous cooking process unless the food

establishment has submitted a HACCP plan to the

regulatory authority and the regulatory authority

has approved the HACCP plan.

(B) Raw animal FOODS that are cooked using a

NON-CONTINUOUS COOKING process shall be:

(1) Subject to an initial heating process that is P

no longer than sixty minutes in duration;

(2) Immediately after initial heating, cooled

according to the time and temperature parameters

specified for cooked POTENTIALLY HAZARDOUS

FOOD (TIME /TEMPERATURE CONTROL FOR P

SAFETY FOOD) under 3-501.14(A);

(3) After cooling, held frozen or cold, as

specified for POTENTIALLY HAZARDOUS FOOD

(TIME/TEMPERATURE CONTROL FOR SAFETY P

FOOD) under 3-501.16(A)(2);

(4) Prior to sale or service, cooked using a

process as specified in 3-401.11;

(5) Cooled according to the time and

temperature parameters specified for cooked

POTENTIALLY HAZARDOUS FOOD (TIME

/TEMPERATURE CONTROL FOR SAFETY FOOD)

under 3-501.14(A) if not either hot held as

specified under 3-501.16(A), served

immediately, or held using time as a public health

control as specified under 3-501.19 after P

complete cooking; and

(6) Prepared and stored according to written

procedures that:

Committee language Committee language

5

(a) Are maintained in the FOOD

ESTABLISHMENT and are available to the Pf

REGULATORY AUTHORITY upon request;

(b) Describe how the requirements specified

under (A)-(E) of this Section are to be

monitored and documented by the PERMIT

HOLDER and the corrective actions to be taken if Pf

the requirements are not met;

(c) Describe how the FOODS, after initial

heating, but prior to complete cooking, are to be

marked or otherwise identified as FOODS that

must be cooked as specified under (D) of this

section prior to being offered for sale or service; Pf

and

(d) Describe how the FOODS, after initial

heating but prior to cooking as specified under

(D) of this section, are to be separated from

READY-TO-EAT FOODS as specified under 3-Pf

302.11 (D).

6




MDA Manager and


Reasoning

7) 4626.0225 (3-301.11 D (5)) Preventing

Contamination from

Hands

Recommends the following language:

(5) Documentation that food employees

contacting ready-to-eat foods with bare hands

comply with the control measure in paragraph (a)

below and at least one additional control measure

listed in paragraphs (b), (c), and (d) to provide

additional safeguards to hazards associated with

bare hand contact:

(a) After using the toilet or when coming to

work, using a double handwash procedure which

uses a nail brush on the fingertips during the first

wash, followed by a second wash as specified in

4626.0070 2-301.12.B, and

(b) Using a hand antiseptic after handwashing

as specified in part 4626.0085, or

(c) Programs to encourage food employees not

to work when they are ill, or

(d) Other control measures approved by the

regulatory authority; and

(e) Documentation that corrective action is

taken when subparagraphs (D) (1)-(5) of this

section are not followed.

Accept

(5) (b) drop Using

Accept NA

8) 4626.0805 4-501.114 (B) Manual and Mechanical

Warewashing

Equipment; Chemical

Sanitization,

Temperature, Ph,

Concentration, and

Hardness

Recommends changing to 20 C (proposed

FDA language)

(B) An iodine solution shall have a:

(1) Minimum temperature of 20C (68F),

Accepted; Advisory

Committee language Accepted; Advisory

Committee language

NA

7




MDA Manager and


Reasoning

9) 4626.1555 (6-501.19) Closing Toilet Room Doors

Add Language:

Toilet rooms designed without door(s) but with a

zig-zag entrance do not need to comply with this

provision. (Lindas attempt at language)

Accept

recommendation; use nd

2 Part: A toilet

room entry designed

without doors as

specified by

Minnesota building

code does not need to

comply with this

provision.

Accept concept NA

10) 4626.1635 (7-204.14) Drying Agents; Criteria

Add as paragraphs 6 & 7-

(6) Generally recognized as safe as determined by a

GRAS panel of experts as specified in 21 CFR 170.30

or,

(7) Subject of a Food Contact Notification (FCN)

for use as a component of a drying agent; and

Accept Advisory

Committee language

Accept Advisory

Committee language

NA

11) CCCII Chapters 1-8 Motion to accept CCCII Chapters

1-8 (with changes)

NA NA On hold pending

completion of

first draft

8




MDA Manager and


Reasoning

12) 4626.1440 (6-301.11) Handwashing Cleanser,

Availability

To eliminate the nail brush except when an

alternative procedure for handwashing was

used when handling ready-to-eat foods.

A. Each handwashing sink or group of two

adjacent sinks shall be provided with a supply of

hand cleaning liquid, powder, or bar soap.

B. When bare hand contact with ready-to-eat

foods is allowed as specified in 4626.0225, a

nailbrush must be provided at all handwashing

sinks located in a food preparation area.

Accept Accept

9




MDA Manager and


Reasoning

13) 4626.0020 (1-201.10) Statement of Application

and Listing of Terms Major

Food Allergen

14) 4626.0435 (3-602.11) (5)

Food Labels

Adopt recommendations of allergens

subcommittee.

Draft Language: (a) Milk, egg, fish (freshwater or

saltwater finfish such as, but not limited to bass, cod,

flounder, or tuna), Crustacean shellfish (such as, but

not limited to crab, lobster, or shrimp), tree nuts (such

as, but not limited to almond, filbert/hazelnuts,

lychee/lichee, pecans, or walnuts), wheat, peanuts, and

soybeans

Subcommittee recommendation to keep the intent

maintaining the major 8 allergens.

Subcommittee recommendation to leave out

language to other references.

The name of the food source for each major food

allergen contained in the food unless the food source

is already part of the common or usual name of the

respective ingredient (Effective January 1, 2006)

Subcommittee recommendation is to keep 2009

Model Food Code language as is.

Accept

Accept

Accept

Accept

NA

NA

15) 4626.0035 (2-103.11) (L) Person In Charge

Employees are properly trained in food safety,

including food allergy awareness, as it relates to their

assigned duties

Subcommittee recommendation is to keep 2009

Model Food Code language as is.

Accept Accept NA

10




MDA Manager and


Reasoning

16) Three Tier System Recommendation:

Accept FDA Priority/Priority Foundation/Core

Three Tier System, including deliberate process for educating regulators first and then the customers as to

this terminology.

Not accepted;

Accepted

three-tier concept;

use Priority 1, Priority

2, Priority 3

Not accepted;

Accepted

three-tier concept,

use Priority 1, Priority

2, Priority 3

terminology

We thank the

Three Tier

Subcommittee

for its work.

We do not think

the FDA terms

are user

friendly. We,

MDH and

MDA, do have

the resources to

provide training

to all of the

food

establishments

we inspect.

The survey

results

overwhelmingly

wanted

Priority 1,

Priority 2,

Priority 3.

11




MDA Manager and


Reasoning

17) 4626.0020 (1-201.10)

Statement Of Application

And Listing Of Terms

18) 4626.1050 (5-202.12)

Handwashing Lavatory;

Water Temperature And

Flow.

Accept recommendations of Chapter 1and Chapter

5 from HACCP subcommittee.

Add back a definition of "Clean"

Keep the language of the Minnesota Code: "Clean"

means free from insects, vermin, and debris and free

from physical, chemical, and microbial substances

discernible by ordinary sight or touch.

Definition of "Hazard"

"A biological, chemical, or physical agent that is

reasonably likely to cause illness or injury in the

absence of its control." [NACMCF. 1998. Hazard

analysis and critical control point principles and

application guidelines. J. Food Prot. 61(9):1246-

1259. www.cfsan.fda.gov/~comm/nacmcfp.html.

Change the wording:

The hand wash sink will provide water at a warm to

tepid temperature and at a flow rate sufficient to rinse

hands.

(By saying above 70F, most sinks where the water

pipes have cooled to room temperature will meet the

criteria.)

Not accepted; use FDA

language for Hazard"

Not accepted; use

FDA language

Not accepted; use FDA

language for Hazard"

Not accepted; use

FDA language

We do not think a

definition of

clean is needed or useful. We

think the FDA

definition of

hazard is more

useful.

No definition of

warm to tepid,

everyone would

have a different

idea.

12




MDA Manager and

Supervisors Decision Reasoning

19) 4626.1830

4626.1845

4626.1850

4626.1855

4626.1860

4626.2010

Adopt the revised language for Chapter 9 as presented

by MDH and MDA See Attachment 8 NA NA NA

20) 4626.0020 (1-201.10)

Statement of Application

and Listing of Terms Major Food Allergen (1)

(b)

Adopt FDA definitions for the 8 U.S. major

allergens identified by the FDA:

"Definitions in the Food Code Allergen Subcommittee

recommendations conform to current FDA

definitions."

Regarding foods derived from the 8 major allergens as

written in the FDA Model Code:

(1-201.1)(1)(b)

A food ingredient that contains protein derived from a

food, as specified in Subparagraph (1)(a) of this

definition."

Accepted Accepted NA

21) 4626.2010 Subpart. 5

Certified Food Protection

Manager Requirements For

Food Establishments.

Motion moves to rescind the motion that passed at

8/31/2010 meeting

Move 4626.2010 Subpart 5 Certified Food Protection

Manager Requirements For Food Establishments to

Subpart 4626.0035 (2-103.11) Person in Charge

NA NA NA

13




MDA Manager and


Reasoning

22) 4626.0505 (4-201.11)

(J)(2) Equipment And

Utensils

Motion moves to change number of clients from 10

to 12

2. food service or a food operation in a child care

center, residential care home, supervised living

facility, apartment building with congregate dining,

boarding establishment, bed and breakfast, or similar

establishment is serving ten or fewer individuals; or

No decision; under

discussion

NA NA

23) 4626.0020 Subpart 30 (1-

201.10) Statement Of

Application And Listing Of

Terms

Add in cut leafy greens/cut tomatoes to MN Food

Code.

Cut leafy greens" means fresh leafy greens whose leaves have been cut, shredded, sliced, chopped, or

torn. The term "leafy greens" includes iceberg lettuce,

romaine lettuce, leaf lettuce, butter lettuce, baby leaf

lettuce (i.e., immature lettuce or leafy greens),

escarole, endive, spring mix, spinach, cabbage, kale,

arugula and chard. The term "leafy greens" does not

include herbs such as cilantro or parsley.

Proposed by

Departments

Proposed by

Departments

NA

Adopt 2009 FDA with exceptions of any language

that has been recommended.

On hold On hold On hold until

completion of

first draft

Rev. 4/19/12

14

Attachment I 2 of 2

2014 Minnesota Food Code Advisory Committee Motions/Recommendations

Food Code Advisory Committee

Videoconference/Meeting Dates

Motions/Recommendations Department Action

January 23, 2014 No motions were made.

February 25, 2014 A vote was taken to keep the NSF Stand in the MN Food Code or to adopt the language from the 2013 FDA Food Code. 5 votes in favor of going with FDA language. 3 votes for mandating ANSI/NSF program 8 votes undecided

April 29, 2014 A motion was made to accept the 2013 FDA Food Code changes. Motion: Ruth Petran Seconded: Chris Gindorff MSC

May 27, 2014 No motions were made.

June 24, 2014 Ken Schelper made a motion to adopt the 2013 FDA Food Code.

Dale Yamnik made a friendly amendment to the motion to adopt the 2013 FDA Food Code subpart 4.1 and 4.2 (Design and Construction) in its entirety. The amendment was accepted by Ken and seconded by Kathy Zeman. Motion: Ken Schelper Amended: Dale Yamnik Seconded: Kathy Zeman

MSC 11-4 July 22, 2014 A motion was made to adopt

4-602.11 (B) of the 2009 FDA Food Code rather than the 2013 FDA Food Code.

Motion: Dale Yamnik Seconded: Ken Schelper MSC 17 yes and 0 nos.

A motion was made to adopt language as proposed/written below for item (D) (1) of 4626.0225 (3-301.11) :

4626.0225 (3-301.11 page 97) Recommendation: D. Food employees not serving a highly susceptible population may contact exposed, ready-to-eat food with their bare hands if: (1) Before engaging in handling of ready-to-eat foods with bare hands, the permit holder provides written notification to the regulatory authority of their intent to use bare hand contact and that they are in compliance with the requirements of subparagraphs (D) (2) (7) of this section.

Motion: Dale Yamnik Seconded: Ruth Petran MSC: 18 yes, 1 no.

August 26, 2014 A motion was made to adopt the 2013 FDA language (in reference to 4-501.16) as is.

Motion: Dale Yamnik Seconded: Ruth Petran MSC

13 in favor 4 not in favor and 2 members abstaining

September 23, 2014 No motions were made.

November 25, 2014 Canceled

Meeting canceled.

December 8, 2014 No motions were made.

2012

Minnesota Department of Health

Minnesota Department of Agriculture

Minnesota Food Code Rule Revision Wild Mushroom

Advisory Workgroup

Attachment J 1

Attachment J 2

Minnesota Food Code Rule Revision Wild Mushroom Advisory Workgroup Report

Minnesota Department of Health P.O. Box 64975 St. Paul, Minnesota 55164-0975

Phone: 651-201-4500

This document is available in alternative formats to individuals with disabilities upon request.

02/06/2013

Attachment J 3

Table of Contents

Table of Contents................................................................................................................. i The Minnesota Food Code Rule Revision Wild Mushroom Advisory Workgroup .......... 1 Text of Minnesota Rules 4626.0155 WILD MUSHROOMS......................................... 2 Membership: ................................................................................................................... 2 Purposes of the Workgroup ............................................................................................ 3 Roles and Responsibilities of Mushroom Workgroup Members.................................... 3 Term of Service and Designated Alternates ................................................................... 4 Role of MDH and MDA ................................................................................................. 4 Workgroup Meetings ...................................................................................................... 4 Recommendations and Work Products........................................................................... 5 Subgroup 1: Revised Rule Language.............................................................................. 5 Subgroup 2: Training and Certification Requirements................................................... 6 Subgroup 3: Chain of Custody Requirements ................................................................ 8 Departments Response to Recommendations and Conclusions .................................... 8

Appendices........................................................................................................................ 10 Appendix 1 - Charge to the Minnesota Food Code Rule Revision Wild Mushroom Advisory Workgroup .................................................................................................... 11 Appendix 2 - Wild Mushroom Advisory Workgroup Members .................................. 14 Appendix 3 - Meeting dates, agendas and meeting minutes ....................................... 15 Appendix 4 - Subgroup 1-Revised Rule Language ...................................................... 23

Attachment J 4

This page left blank intentionally.

Attachment J 5

The Minnesota Food Code Rule Revision Wild Mushroom Advisory Workgroup

The Minnesota Departments of Health (MDH) and Agriculture (MDA) are revising the Minnesota Food Code, Chapter 4626 (Code). The Departments are considering rule amendments that would bring the Code up to date and into substantial conformance with the 2009 Food and Drug Administration (FDA) Model Food Code and Supplement to the 2009 FDA Model Food Code. To that end, MDH and MDA formed a Minnesota Food Code Rule Revision Advisory Committee (Committee) that advised and provided recommendations on subjects relating to the rule revision to the Departments. Charge to the Minnesota Food Code Rule Revision Wild Mushroom Advisory Workgroup is attached in Appendix 1.

After the Committee completed its review meetings, a number of individuals expressed an interest in reviewing and making recommendations on the section of the code regulating wild mushrooms, Minnesota Rules 4626.0155 WILD MUSHROOMS. In order to be responsive to this interest and to ensure the best possible code, the departments convened a small workgroup.

Text of Minnesota Rules 4626.0155 WILD MUSHROOMS

Attachment J 6

4626.0155 3-201.16 WILD MUSHROOMS.* A. Except as specified in item B, mushroom species picked in the wild shall be obtained from sources where each mushroom is individually inspected and found to be safe by a mushroom identification expert whose expertise has been verified and approved by the regulatory authority through the successful completion of a wild mushroom identification course provided by either an accredited college or university or a mycological society. An individual who wants to be approved as a wild mushroom identification expert shall have on file with the regulatory authority a letter from an accredited college or university certifying successful completion of a wild mushroom identification course from an accredited college or university. B. This part does not apply to: (1)cultivated wild mushrooms species that are grown, harvested, and processed in an operation that is regulated by the food regulatory agency that has jurisdiction over the operation; or (2) wild mushrooms species if they are in packaged form and are the product of a food processing plant that is regulated by the food regulatory agency that has jurisdiction over the plant.

Membership:

The Advisory Workgroup (Workgroup) consisted of 22 people including wild mushroom cultivators and foragers, delegated city and county agencies, MDA and MDH staff and other interested individuals. A list of Workgroup members is attached in Appendix 2. MDH and MDA had at least one active member at each meeting and MDH provided staff support for the Workgroup.

http:3-201.16

Purposes of the Workgroup

Attachment J 7

The purposes of the Workgroup were:

Represent the various parties who may be affected by 4626.0155 3-201.16 WILD MUSHROOMS.

Assist the Departments in identifying all affected people and organizations and designing ways to let them know about the possible revisions to this section of the rule.

Provide advice and recommendations on 4626.0155 including a final proposal that will be presented to MDH and MDA for a decision.

The Workgroup was a non-voting group. The Workgroup advised and made recommendations. The Commissioners of the Departments of Health and Agriculture will make any final decisions.

Roles and Responsibilities of Mushroom Workgroup Members

Review, discuss and make recommendations for possible revisions to the Wild Mushroom section of the Code.

Review information and proposals from MDH/MDA and other interested persons. Listen to and consider input from the public, if offered.

Provide information about the cost of compliance with any recommended Code changes for small businesses, cities and counties and information on the fiscal impacts and benefits on local units of government.

Assist the Departments in identifying all interested persons and to design ways to let them know about any recommended changes. This includes both likely supporters and opponents.

Represent the members interest group: o Act as liaison to the interest group to ensure inclusiveness in the rule

revision process. o Contact members of interested parties and solicit input on subjects of

interest. o Speak on behalf of the organizations and constituents that they represent

to advise the agencies on the development of the rule amendments. o Assist MDH and MDA in communicating the progress of the rule revision

to interest group members. o Reflect the feedback of their constituents to the discussions of the

Workgroup.

Attachment J 8

Term of Service and Designated Alternates

Each member will serve for the full duration of the project. Each member may designate an alternate to attend meeting(s). If a member is unable to attend a meeting, the designated alternate will assume

the role of the member at that meeting. The public and interested stakeholders are welcome to attend Workgroup

meetings.

Role of MDH and MDA

To facilitate the work of the Workgroup, MDH and MDA staff has:

Made arrangements for full Workgroup meetings. Sent out meeting notices. Prepared meeting agendas and meeting summaries. Provided materials for review and consideration. Provided information through various media to members and other interested parties. Attended full Workgroup meetings. Carefully considered all comments and suggestions made by the Workgroup. Arranged for any final proposals to be reviewed by appropriate MDH and MDA staff.

Workgroup Meetings

The Workgroup meet for the first time on March 19, 2012. Subsequent meetings were held on March 28, April 9 and April 23, 2012. Agendas and minutes for all meetings are attached in Appendix 3. All of the meetings were well attended by both Workgroup members and other interested persons. Although the Workgroup identified a plethora of issues ranging from training and certification for mushroom harvesters to sustainability of mushroom habitat, the Workgroup was instructed to focus on any needed changes to 4626.0155. After much discussion, the full Workgroup was divided into three small subgroups to work on the following subjects:

1. Specific detailed recommendation for changes to the language of 4626.0155. 2. Mushroom training and certification requirements. 3. Chain of custody requirements for mushrooms.

Attachment J 9

Recommendations and Work Products

Subgroup 1: Revised Rule Language

Strong agreement was achieved in language change subgroup. The subgroups recommendation is to amend the Minnesota Food Code to read as follows:

4626.0155 3-201.16 WILD MUSHROOMS. A. Except as specified in item D, wild mushroom species shall be obtained from sources

where each mushroom is individually inspected and found to be safe by a certified mushroom harvester whose ability to correctly identify edible wild mushrooms has been verified and approved by the regulatory authority though the successful completion of a wild mushroom identification program provided by an accredited person or organization. A letter issued by the accrediting person or organization certifying the harvesters successful completion of the wild mushroom identification course and specifying the species of wild mushroom the harvester is qualified to identify shall be kept on file with the regulatory authority. The Minnesota Department of Agriculture shall maintain a registry of all certified wild mushroom harvesters.

B. Except as specified in item D, wild mushroom species shall have a written buyer specification which shall be retained by the buyer for 90 days from the date of sale or service. The written buyer specification shall include all of the following information:

(1) identification of the mushroom species by the scientific and common name; (2) date of sale and quantity by weight of each species sold; (3) a statement indicating that the mushroom was identified in its fresh state; (4) the name, address and telephone number of the harvester, and (5) a statement describing the qualifications and training of the harvester, specifically relating to mushroom identification, including the species that the individual is certified to harvest.

C. Except as specified in item D, the harvester shall retain for 90 days records of wild mushrooms sold to food establishments. The records retained shall include all of the following information:

(1) identification of the mushrooms by the scientific and common name; (2) the state and county locations of harvest; (3) the dates of harvest; (4) the names of the establishments where wild mushrooms were sold , including dates of sale, and the quantities by weight of each species purchased

D. This section shall not apply to the following: (1) cultivated mushroom species that are grown, harvested, and processed in an operation that is licensed and inspected by a food regulatory agency; (2) wild mushrooms that are packaged and are the product of a processing plant that is licensed and inspected by a food regulatory agency. Such mushrooms shall be individually inspected by a certified wild mushroom harvester retained by the food processing plant, and labeled with the common name of the mushroom and the name and location of the food processing plant.

Definitions: Wild mushrooms: Wild mushrooms are edible species of mushrooms that have been harvested from their naturally occurring environment where no human intervention occurred to support their growth.

http:3-201.16

Attachment J 10

Cultivated mushrooms: Cultivated mushrooms are edible species of mushrooms that have been cultivated by persons under controlled conditions, outdoors or indoors, on natural or artificial substrate.

Subgroup 2: Training and Certification Requirements

This subgroup was less successful in achieving consensus. A portion of the group proposed the following:

Public Education Programs Most mushroom poisonings that occur in the state involve people who have very limited

or no knowledge with respect to basic identification of poisonous or edible mushrooms. The following courses are designed to provide people with the fundamental information needed for the safe collection of wild edible mushrooms. Level 1 and level 2 programs are designed to teach identification of wild mushrooms to the general public. Taking these courses will not satisfy requirements for certification nor would they be required for certification. It is the Certification Program that is required for those wanting Certification. In addition to attending the Certification Program, certification will require demonstrated ability to identify mushrooms and knowledge of the material presented in the above courses through examination by the participating faculty. The examination may require collecting and documenting a predetermined number of fungi; part of the examination may be written or oral.

Level 1. Introduction to Fungi Lecture:

Definition of fungi, general ecological attributes diversity of forms, substrates, growth habits.

How to collect fungi (including basic documentation). Foray:

Utilize the techniques learned in lecture. Locate fungi (5-10), complete collection slips specifying form, substrate and habitat.

Laboratory: Place collections according to the display sign; students talk about their collections.

Demonstrations / displays: How to take a spore print. Best and popular field guides for identification.

Level 2. Poisonous and Common Edible Mushrooms of Minnesota Lecture:

Review collecting and how to take spore prints. Demonstrate construction and use of keys for identification. Features of mushrooms used in identification (handout provided). Major genera of gilled mushrooms and boletes. How to complete a documentation form.

Foray: Collect a specified number of mushrooms.

Laboratory: Set up spore prints Prepare documentation.

Attachment J 11

Use keys to determine genus and species if possible. Use field guides to verify. Questions and discussions.

Weekend and / or One Day Forays Collecting and identifying; everyone is responsible for their own collection; bring books most often used for identification; identify your collection to the extent you can; if time allows, prepare documentation;

Other Programs 1 hour lectures (by invited professionals) dealing with specific groups of fungi; relating to identification or on other mushroom related topic; Symposia on fungi; microscopy workshop; workshops on identification in addition to the above;

Certification Programs Given as one or two modules a week, or the entire set within one week; Each module is centered on one group of related edibles;

What is covered; Characterization of the group; recent developments in classification. Collecting, storage and transportation. Edibility concerns. Possible health benefits and concerns. Mushrooms that may be confused with the subject (look-alikes) and poisoning issues that

may be caused by them.

Modules : 1. Policy Considerations

a. Regulations i. Harvest ii. Commercial activity

b. Access and tenure i. Private lands ii. Public lands

1. Federal 2. State 3. County

iii. Other tenure systems 2. Social Considerations

a. Other harvesters b. Cultural resources c. Integrating diverse harvest and use traditions

3. Biological Considerations a. Mushrooms and their roles in the ecosystem b. Mushroom biology and reproduction c. Mushroom habitats

4. Mushroom Identification a. Poisonous Mushroom Identification What you have to know b. Advanced Mushroom Identification c. General mushroom safety practices

5. Harvest Considerations

Attachment J 12

a. General harvest sustainability issues i. What (Fungi anatomy) ii. When (timing and seasonality) iii. How (techniques)

b. Considerations specific to mushroom harvest i. What (Fungi anatomy) ii. When (timing and seasonality) iii. How (techniques)

6. Market Considerations a. Supply assessment b. Demand assessment c. Scale of commercial operations d. Placing your activity in a broader context e. Processing and storage

7. Resources and support a. Networks b. Study materials c. Printed materials d. Education e. Online

Possible Locations for Educational Programs: State Parks and Forests Eagle Bluff Audubon of the North Woods Deep Portage St. Johns University Bemidji University University of Minnesota/extensions Wolf Ridge

Sites that have biology labs could be the ideal places for workshops that require microscopes.

Subgroup 3: Chain of Custody Requirements

This subgroups recommendations were included in the recommendation for subgroup 1.

Departments Response to Recommendations and Conclusions

The departments agree in principle with subgroup 1s recommendation. The Minnesota Department of Agriculture is in agreement with the majority of the proposed language but does not agree with the specific language in the second sentence in section D (2). Specifically, the language is objectionable because this is a proposed revision to the Minnesota Retail Food Code, and the retail food code is not applicable to wholesale manufacturing and distribution facilities; therefore, the Minnesota Retail Food Code cannot contain language requiring any course of action in wholesale facilities. Wholesale facilities are regulated under FDAs Federal Code of

Attachment J 13

Regulations (CFR), Part 110, Good Manufacturing Practices (GMPs), along with other CFRs.

Section of Concern: D. This section shall not apply to the following:

(2) wild mushrooms that are packaged and are the product of a processing plant that is licensed and inspected by a food regulatory agency. Such mushrooms shall be individually inspected by a certified wild mushroom harvester retained by the food processing plant, and labeled with the common name of the mushroom and the name and location of the food processing plant.

We will not establish an accreditation program because of the time and money needed to develop and administer such a program. We are planning to establish an advisory committee to establish standards for wild mushroom training classes and to approve submitted classes that meet the standards. The classes must be mushroom type specific, taught by someone well trained in the identification and classification of mushrooms and have a testing component. Upon submission to MDA of evidence of the successful completion of an approved mushroom course, a person will be listed in a database of mushroom harvesters. The departments do not see the need for their involvement in public education. This type of training is best left to other organizations and groups.

Attachment J 14

Appendices

Appendix 1: Charge to the Minnesota Food Code Rule Revision Wild Mushroom Advisory Workgroup

Appendix 2: Wild Mushroom Advisory Workgroup Members

Appendix 3: Meeting dates, agendas and meeting minutes

Appendix 4: Subgroup 1-Revised Rule Language

Attachment J 15

Appendix 1 - Charge to the Minnesota Food Code Rule Revision Wild Mushroom Advisory Workgroup

Environmental Health Division Food, Pools and Lodging Services Section

Dairy and Food Inspection Division

CHARGE TO THE MINNESOTA FOOD CODE RULE REVISION WILD MUSHROOM ADVISORY WORKGROUP

The Minnesota Departments of Health (MDH) and Agriculture (MDH) are revising the Minnesota Food Code (Chapter 4626). The Departments are considering rule amendments that would bring the Code up to date and into substantial conformance with the 2009 Food and Drug Administration (FDA) Model Food Code and Supplement to the 2009 FDA Model Food Code. To that end, MDH and MDA formed a Minnesota Food Code Rule Revision Advisory Committee that advised and provided recommendations on subjects relating to the rule revision to the Departments.

Recently, a number of individuals have expressed an interest in reviewing and making recommendation(s) on the section of the code regulating wild mushrooms, Minnesota Rules 4626.0155 WILD MUSHROOMS. In order to be responsive to this interest and to ensure the best possible food code rule, the departments are convening a small group to work on this section.

Text of Minnesota Rules 4626.0155 WILD MUSHROOMS.

4626.0155 3-201.16 WILD MUSHROOMS. A. Except as specified in item B, mushroom species picked in the wild shall be obtained from sources where each mushroom is individually inspected and found to be safe by a mushroom identification expert whose expertise has been verified and approved by the regulatory authority through the successful completion of a wild mushroom identification course provided by either an accredited college or university or a mycological society. An individual who wants to be approved as a wild mushroom identification expert shall have on file with the regulatory authority a letter from an accredited college or university certifying successful completion of a wild mushroom identification course from an accredited college or university. B. This part does not apply to:

http:3-201.16

Attachment J 16

(1)cultivated wild mushrooms species that are grown, harvested, and processed in an operation that is regulated by the food regulatory agency that has jurisdiction over the operation; or (2) wild mushrooms species if they are in packaged form and are the product of a food processing plant that is regulated by the food regulatory agency that has jurisdiction over the plant.

Membership: The Advisory Workgroup (Workgroup) will consist of twelve to fourteen people including wild mushroom cultivators and foragers, delegated city and county agencies and other interested individuals. MDH and MDA will have at least one active member at each meeting and will also staff the workgroup.

Purposes of the Workgroup

The purposes of the Wild Mushroom Workgroup (Workgroup) are as follows: Represent the various parties who may be affected by 4626.0155 3-201.16 WILD MUSHROOMS.

Assist the Departments to identify all affected people and organizations and design ways to let them know about the possible revisions to this section of the rule.

Provide advice and recommendations on 4626.0155 including a final proposal that will be presented to MDH and MDA for a decision.

This Workgroup is a non-voting group. The Workgroup advises and makes recommendations. The Commissioners of the Departments of Health and Agriculture will make any final decisions.

Roles and Responsibilities of Mushroom Workgroup Members

Review, discuss and make recommendations for possible revisions to the Wild Mushroom section.

Review information and proposals from MDH/MDA and other interested persons. Listen to and consider input from the public, if offered.

Provide information about the cost of compliance to MDH and MDA for small businesses, cities and counties and information on the fiscal impacts and benefits on local units of government.

Assist the Departments in identifying all interested persons and to design ways to let them know about the rules. This includes both likely supporters and opponents of the rules.

Represent the members interest group: - Act as liaison to the interest group to ensure inclusiveness in the rule revision process.

- Contact members of interested parties and solicit input on subjects of interest.

http:3-201.16

Attachment J 17

- Speak on behalf of the organizations and constituents that they represent to advise the agencies on the development of the rule amendments.

- Assist MDH and MDA in communicating the progress of the rule revision to interest group members.

- Reflect the feedback of their constituents to the discussions of the Workgroup.

Term of Service and Designated Alternates

Each member will serve for the full duration of the project.

Each member may designate an alternate to attend meeting(s).

If a member is unable to attend a meeting, the designated alternate will assume the role of the member at that meeting.

The public and interested stakeholders are welcome to attend Workgroup meetings.

Role of MDH and MDA

To facilitate the work of the Workgroup, MDH and MDA staff will: Make arrangements for full Workgroup meetings. Send out meeting notices. Prepare meeting agendas and meeting summaries. Provide materials for review and consideration. Provide information through various media to members and other interested parties. Be present at full Workgroup meetings. Carefully consider all comments and suggestions made by the Workgroup. Arrange for any final proposals to be reviewed by appropriate MDH and MDA staff.

Appendix 2 - Wild Mushroom Advisory Workgroup Members

Attachment J 18

Wild Mushroom Advisory Workgroup Name Title Organization Alan Bergo Chef Heartland Restaurant Kim Carlton Planner principal MDH Kevin Doyle Owner Forest Mushrooms Robert Fulgency President North American

Mycological Association Valerie Gamble Food Inspector II, MS, RS MDA Lorna Girard Supervisor/Dairy & food

Inspections MDA

Bill Gunther Manager/Department of Safety and Inspections

City of St. Paul

Mike Kempenich CEO The Mikeology Store Brian Krawiecki Department of Safety and

Inspections City of St. Paul

Katie Lampi Code Compliance Officer City of Minneapolis Lynne Markus Planner Principal MDH Steve Netzman Past President and Chair Wild Mushroom Harvesting

Committee - MMS Scott Pampuch Executive Chef Minnesota Valley Country

Club Maddy Papermaster Forager Minnesota Mycological

Society Linda Prail Rule Coordinator MDH Dave Read Assistant Director MDA Lenny Russo Owner/Executive Chef Heartland Restaurant Pam Steinbach R.S./Environmental Health

Supervisor MDH

Dan Vassar Environmental Health Hennepin County Ann Walters Compliance Officer/dairy &

Food Inspections MDA

Dave Wilsey Assistant Extension Professor

University Extension

Kathy Yerich Forager Minnesota Mycological Society

Appendix 3 - Meeting dates, agendas and meeting minutes

Attachment J 19

Wild Mushroom Advisory Workgroup Meeting Monday, March 19, 2012 9:30 11:30 @ SOP Bigfork Room AGENDA 1. Welcome, introductions and housekeeping items

Why do you want to participate in this workgroup? What is your experience with wild mushrooms?

2. Review the Workgroup charge Scope and limitations Authority Expected outcome

3. Meeting schedule Four meetings Day Time

4. Notebooks - Materials 5. Brainstorming exercise What is right and what needs to be fixed/changed with the current rule?

6. Next steps

Agenda Lead Notes 1) Welcome Linda Prail Welcomed attendees. Introductions.

2) Charge Reason for recommendations

The Minnesota Departments of Health (MDH) and Agriculture (MDA) are revising the Minnesota Food Code (Chapter 4626). The Departments are considering rule amendments that would bring the Code up to date and into substantial conformance

Wild Mushroom Advisory Workgroup Meeting Minutes 03/19/2012

Meeting Date: 03/19/2012 Meeting Owner: Linda D. Prail Committee Committee Members: David Wilsey, Brian Krawiecki, Lynne Markus, Angie Attendees: Cyr, Kevin Doyle, Steve Netzman, Bob Fulgency, Kathy Yerich, Lenny Russo,

Dan Vassar, Mike Kempenich, Cynthia Forsberg, Alan Bergo

Staff Members: MDA Staff: Lorna Girard, Valerie Gamble MDH Staff: Linda Prail, Susan Peterson

Guest Speakers:

Scribe: Susan Peterson

Attachment J 20

Agenda Lead Notes with the 2009 Food and Drug Administration (FDA) Model Food Code and Supplement to the 2009 FDA Model Food Code. To that end, MDH and MDA formed a Wild Mushroom Advisory Workgroup that advised and provided recommendations on subjects relating to the wild mushroom rule revision to the Departments.

3) Defines workgroup Linda Prail The duties of workgroup, make recommendation and give advice on how to make the rule work, language change and clarification. Need classes for certification.

4) Meeting dates Planning 4 meetings, agreed to meet on Monday afternoons

5) Brainstorming Go over MN language - Split in groups of 3 Discussion on what works and doesnt work. Works: exemption 1 works for certification, accredited does work state agency represents how interrupted. Doesnt work: Loopholes in B-2 may not be an expert available. Who did the mushrooms come from, do they have liability insurance, required to have it. Out of state people, what certification is needed to be licensed as a food wholesaler (license/certification 2 different things) How many register for than just Morals? Cultivated or wild which, use same frame as food code as for levels, risks, potential threat. Do we need more regulations and rules? Expert is not much of a statement, use approved mushroom identifier There is a contradiction with all agencies, we need to be consistent. Additional ideas on attached sheet.

Decisions / Next Steps Read information from other states Make list of mushrooms Accomplish correct language Write ideas down you have

Parking Lot

Attachment J 21

Wild Mushroom Advisory Workgroup Meeting Wednesday, March 28, 2012 9:30 11:30 @ SOP Red River Room AGENDA 1. Welcome, introductions 2. Workgroup membership finalization 3. New information for notebook 4. Rewriting of the Minnesota rule section 5. Next Steps 6. Adjourn

Agenda Lead Notes 6) Welcome Linda Prail Welcomed attendees. Introductions.

7) Overview and chart Valerie information from MN Gamble Department of Agriculture

Food licensing overview regarding mushrooms. MDA, MDH, county and city health agencies. Licensing exemptions: not from health code, just getting license. Still need certification. When on own land, part of the farm. Chart: what are regulations direct to consumer? Add additions to chart. Farmers markets: have own/different rules but need to meet the state regulations. Laws: location of land/or regulations. Continue to add information.

8) Handouts New information for notebook

9) Discussion on new language Break into groups and discuss new language changes/additions. Review and submit to members.

10) Discussion on Rules for Start with easiest mushroom (morels).


Meeting Date: 03/28/2012 Snelling Office Park Meeting Owner: Committee Attendees:

Linda D. Prail Workgroup Members: Alan Bergo, Kim Carlton, Kevin Doyle, Bob Fulgency, Bill Gunther, Mike Kempenich, Katie Lampi, Lynne Markus, Steve Netzman, Scott Pampuch, Lenny Russo, Dan Vassar, Ann Walters, Kathy Yerich,

Staff Members: MDA Staff: Lorna Girard, Valerie Gamble MDH Staff: Linda Prail, Pam Steinbach, Susan Peterson

Guest Speakers: Joellen Feirtag


Attachment J 22

Agenda Lead Notes Certification Identification, traceability, food handling

Joellen Feirtag to offer course Certification course: UMN St. Paul Campus, April 12th 4 hr. course (may need to have a few courses depending on sign up) What is fee cost? Certification on what course consist of/curriculum Will send more information to MDH/MDA

11) Subcommittee Sign - up Sign up for 3 different subcommittees: Mushroom List Certification/Course Rule Language

12) Adjourn

Decisions / Next Steps Next meeting April 9, Snelling Office Park

Parking Lot

Attachment J 23

Wild Mushroom Advisory Workgroup Meeting Monday, April 9, 2012 1:00 3:00pm @ SOP Bigfork Room AGENDA 1. Welcome, introductions 2. Formal composition of workgroup 3. Recap 4. Rule language revision(s) 5. Subcommittees 6. Next Steps

Agenda Lead Notes 13) Welcome Linda Prail Welcomed attendees. Introductions. 14) Handouts Membership list, subcommittee list 15) Update on language Linda Prail Both MDH and MDA staff are working on new

language. 16) Out of state foragers Lorna Girard Update on Wisconsin: Can they sell in Minnesota?

Need same qualifications as MN sellers. Source-Who needs to be certified, person that forages or restaurant owner. License and certification are 2 different things.

17) Commonalities/Differences Linda Prail Review

Linda reviewed the results of the work of the various small groups from the last meeting. Definitions: cultivated and wild mushrooms, recommend wild harvest mushrooms. Approved source: Who is certified, how far back for tracing and what details (documentation), verify wholesomeness. Certification course: what will it consist of, should be state approved. Inspecting: No sampling each mushroom inspected individually. Course/class: conducted by college or university or


Meeting Date: 04/09/2012 Snelling Office Park Meeting Owner: Linda D. Prail Committee Workgroup Members: Alan Bergo, Kim Carlton, Kevin Doyle, Bob Fulgency, Attendees: Bill Gunther, Mike Kempenich, Katie Lampi, Lynne Markus, Steve Netzman,

Maddy Papermaster, Lenny Russo, Dan Vassar, Ann Walters, Kathy Yerich,

Staff Members: MDA Staff: Lorna Girard, Valerie Gamble MDH Staff: Linda Prail, Pam Steinbach, Susan Peterson

Guest Speakers:


Attachment J 24

Agenda Lead Notes approved organization

Mushroom list: concept of list, allowed mushrooms, safe mushrooms only? Traceability: depends on how far back, should be available. Labels: Should there be a mandated label, list common & scientific name. Consumer warning: not needed, list safe directions on package. Buyer/end user certification: Mushrooms should be identified by at least one certified person before consumer purchase.

18) Handouts/Certification State of Maine, certification course offered by UM Extension

19) Split in Subcommittees Subcommittees work together: Rule group work on language change, write up new language Certification course: curriculum/topics that have to be covered Traceability:Lynn Markus, Dan Vassar, Kathy Yerich, write up standards for traceability

20) Adjourn

Decisions / Next Steps Next meeting Monday, April 23, Snelling Office Park

Parking Lot

Attachment J 25

Wild Mushroom Advisory Workgroup Meeting Monday, April 23, 2012 1:00 3:00pm @ SOP Mississippi Room AGENDA 1. Welcome 2. Workgroup Status 3. Report on training class 4. Report from subcommittees a. Rule Language b. Training/certification c. Traceability

5. Next Steps

Agenda Lead Notes 21) Welcome Linda Prail Welcomed attendees 22) Workgroup Status Discussion on where we are at with language,

certification and traceability changes /additions, is draft language ready, are we ready to move ahead

23) Report on draft CFP Wild Pam Steinbach Mushroom Guidance document

Language reviewed for guidance document. Questions on MN Mushroom list, should MN have a specific list? Draft copy handed out at meeting

24) Web Page Susan Peterson Wild Mushroom Rule Revision information is now posted on food code web page

25) Report on certification class All classes were full; although some opinions stated it was technical and scientific some work was needed. Agreed 4 hour class was long enough for morals, oysters. Should there be classes for all mushrooms, how long should sessions be?

26) Subcommittee discussion Broke up in subcommittee groups to work on reports


Meeting Date: 04/23/2012 Snelling Office Park Meeting Owner: Linda D. Prail Committee Workgroup Members: Alan Bergo, Kim Carlton, Kevin Doyle, Cynthia Attendees: Forsberg, Bob Fulgency, Mike Kempenich, Katie Lampi, Lynne Markus, Steve

Netzman, Maddy Papermaster, Lenny Russo, Ann Walters, Kathy Yerich,

Staff Members: MDA Staff: Lorna Girard, Dave Read MDH Staff: Linda Prail, Pam Steinbach, Susan Peterson

Guest Speakers:


Attachment J 26

Agenda Lead Notes 27) Subcommittees reports Rule Language: All agreed to new language.

Questions asked: Cultivated-wild, how much human contact to still be called wild? What species of mushrooms must be known and how many should a forager know? Traceability: All agreed to new language on the rule language. Certification: More work needed. Questions asked: how will course be structured, what species were they taught, more emphasis on wild/poison mushrooms. How do you put experiential rules into the certificate?

28) Exercise Workgroup listed terms used in the rule they liked and disliked and also were asked what the next steps should be.

29) Adjourn

Decisions / Next Steps

Parking Lot

Appendix 4 - Subgroup 1-Revised Rule Language

Attachment J 27

4626.0155 3-201.16 WILD MUSHROOMS. A. Except as specified in item D, wild mushroom species shall be obtained from sources

where each mushroom is individually inspected and found to be safe by a certified mushroom harvester whose ability to correctly identify edible wild mushrooms has been verified and approved by the regulatory authority though the successful completion of a wild mushroom identification program provided by an accredited person or organization. A letter issued by the accrediting person or organization certifying the harvesters successful completion of the wild mushroom identification course and specifying the species of wild mushroom the harvester is qualified to identify shall be kept on file with the regulatory authority. The Minnesota Department of Agriculture shall maintain a registry of all certified wild mushroom harvesters.

B. Except as specified in item D, wild mushroom species shall have a written buyer specification which shall be retained by the buyer for 90 days from the date of sale or service. The written buyer specification shall include all of the following information:

(1) identification of the mushroom species by the scientific and common name; (2) date of sale and quantity by weight of each species sold; (3) a statement indicating that the mushroom was identified in its fresh state; (4) the name, address and telephone number of the harvester, and (5) a statement describing the qualifications and training of the harvester, specifically relating to mushroom identification, including the species that the individual is certified to harvest.

C. Except as specified in item D, the harvester shall retain for 90 days records of wild mushrooms sold to food establishments. The records retained shall include all of the following information:

(1) identification of the mushrooms by the scientific and common name; (2) the state and county locations of harvest; (3) the dates of harvest; (4) the names of the establishments where wild mushrooms were sold , including dates of sale, and the quantities by weight of each species purchased

D. This section shall not apply to the following: (1) cultivated mushroom species that are grown, harvested, and processed in an operation that is licensed and inspected by a food regulatory agency; (2) wild mushrooms that are packaged and are the product of a processing plant that is licensed and inspected by a food regulatory agency. Such mushrooms shall be individually inspected by a certified wild mushroom harvester retained by the food processing plant, and labeled with the common name of the mushroom and the name and location of the food processing plant.

Definitions: Wild mushrooms: Wild mushrooms are edible species of mushrooms that have been harvested from their naturally occurring environment where no human intervention occurred to support their growth.

Cultivated mushrooms: Cultivated mushrooms are edible species of mushrooms that have been cultivated by persons under controlled conditions, outdoors or indoors, on natural or artificial substrate.

http:3-201.16

Attachment J 28

Minnesota Department of Health Environmental Health FPLS Section 651-201-4500

Attachment K 1 of 2

** Please fill in the gray areas on this form

For the Time Between The Adoption Date and The Effective Date Agency Name:

MDH

Number of licensed food establishments:

13,000

Name of person completing this form:

Dan Disrud

Date Completed:

2/25/2016

COST OF MN FOOD CODE REVISION *from adoption date to

effective date

Personel / Staff (Salary, benefits, etc.)

Supplies. Printing, Publication, etc

Training, * not including salary, etc.

Information Technology (including software)

Others, Please specify Cost Total

Activities Please fill out each field bellow as acurately as possible. Thank you.

Revision of Ordinances $3,500.00 $0.00 $0.00 $0.00

$3,500.00

Training, Internal $50,000.00 $3,500.00 $0.00 $0.00

$53,500.00

Training, External $50,000.00 $3,500.00 $500.00 $2,000.00

$56,000.00

Additional Plan Review Time and Equipment Evaluation

$9,000.00 $0.00 $0.00 $0.00 $4,000.00

$13,000.00

Outreach $1,500.00 $14,500.00 $0.00 $0.00

$16,000.00

Updating and Preparing documents

$2,000.00 $2,000.00 $0.00 $50,000.00

$54,000.00

Additional inspection time $55,000.00 $9,000.00 $0.00 $0.00

$64,000.00

Overtime, please specify $0.00 $0.00 $0.00 $0.00

$0.00

Total Cost $171,000.00 $32,500.00 $500.00 $52,000.00 $4,000.00 $260,000.00

* Outside Personnel

Attachment K 2 of 2


For the Year Following the Effective Date Agency Name:

MDH


13,000


Dan Disrud

Date Completed:

3/29/2016


effective date







Revision of Ordinances $1,000.00 $0.00 $0.00 $0.00

$1,000.00

Training, Internal $48,000.00 $0.00 $0.00 $0.00

$48,000.00

Training, External $2,000.00 $1,000.00 $0.00 $0.00

$3,000.00


$6,000.00 $0.00 $0.00 $0.00 $4,000.00

$10,000.00

Outreach $1,500.00 $14,500.00 $0.00 $0.00

$16,000.00

Updating and Preparing documents

$0.00 $2,000.00 $0.00 $50,000.00

$52,000.00

Additional inspection time $53,000.00 $0.00 $0.00 $0.00

$53,000.00

Overtime, please specify $0.00 $0.00 $0.00 $0.00

$0.00

Total Cost $111,500.00 $17,500.00 $0.00 $50,000.00 $4,000.00 $183,000.00

* Outside Personnel

Attachment L 1 of 2


For the Time Between The Adoption Date and The Effective Date Agency Name:

MDA


7,000


Jeff Luedeman

Date Completed:

5/31/2016


effective date







Revision of Ordinances $700.00 $0.00 $0.00 $0.00

$700.00

Training, Internal $21,000.00 $1,500.00 $0.00 $0.00

$22,500.00

Training, External $21,000.00 $0.00 $0.00 $0.00

$21,000.00


$10,000.00 $0.00 $0.00 $0.00 $4,000.00

$14,000.00

Outreach $800.00 $5,000.00 $0.00 $0.00

$5,800.00

Updating and Prepar

Documents

MDH Delegation Agreements - health.state.mn.us · MDH Delegation Agreements: Aitkin County ... Dan Delano Olmsted County PHS [email protected] Government ... Dan Tew ; Yum