CHAPTER 8

 

FOOD SAFETY

 

Section 1.                Inspections.

 

(a)              All licensed Child Care Centers (CCC) shall be inspected by the Wyoming Department of Agriculture (WDA) and/or the local public health departments to monitor compliance with Chapter 8 Food Safety standards and as food establishments under the Wyoming Food Safety and Cosmetic Act and the Wyoming Food Safety Rule.

 

(b)              Family Child Care Homes and Family Child Care Centers shall be inspected by the Department of Family Services (DFS) or local public health departments for food safety requirements.

 

(i)                Inspections shall include a review of records necessary to determine compliance with these standards.

 

(c)              Inspections are completed prior to licensure, at least annually, and more often at the discretion of the regulatory authority based on risk.

 

(d)              In addition to actions taken by Child Care Licensing, public health officials may put restrictive orders or close CCCs that pose public health risks.

 

Section 2.                Definitions

 

(a)              "Approved chemical sanitizing agent" means those sanitizing solutions that have as active ingredients chlorine, iodine, quaternary ammonia, or other sanitizing solutions approved by the regulatory authority.

 

(b)              "Approved source" means the source(s) of water whether it be from a spring, artesian well, drilled well, municipal water supply, or any other source that has been inspected and the water sampled, analyzed, and found to be of a safe and sanitary quality in accordance with the applicable laws and regulations of the State of Wyoming.

 

(c)              "Bottled water" means water that is from an approved source and is placed in a sealed container or package and is offered for sale for human consumption or other consumer uses.

 

(d)              "Compliance letter" means a letter sent to the regulatory authority outlining what has or will be done by the owner and/or director to comply with the health/sanitation standards.

 

(e)              "Cross-contamination" means the transmission of infectious or toxic agents from one object to another.

 

(f)               "Drinking water" means water that meets 40 C.F.R. § 141, National Primary Drinking Water Regulations; is traditionally known as "potable water"; included the term "water" except where the term used connotes that the water is not potable, such as "boiler water," "mop water," "rainwater," "wastewater," and "non-drinking" water.

 

(g)              "Easily cleanable" means a characteristic of a surface that:

 

(i)                Allows effective removal of soil by normal methods;

 

(ii)              Is dependent on the material, design, construction, and installation of the surface;

 

(iii)           Varies with the likelihood of the surface's role in introducing pathogenic or toxigenic agents or other contaminants into food based on the surface's approved placement, purpose, and use; and

 

(iv)            Includes a tiered application of the criteria that qualify the surface as easily cleanable as specified under subparagraph (A) of this definition, to different situations in which varying degrees of cleanability are required such as:

 

(A)            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

 

(B)             The need for a different degree of cleanability for a utilitarian attachment or accessory in the kitchen as opposed to a decorative attachment or accessory in the consumer dining area.

 

(h)              "Equipment" means an article that is used in the operation of an establishment such as a freezer, grinder, hood, ice maker, meat block, mixer, oven, reach-in refrigerator, scale, sink, slicer, stove, table, temperature measuring device for ambient air, vending machine, or warewashing machine. It does not include items used for handling or storing large quantities of packaged foods that are received from a supplier in a cased or over wrapped lot, such hand trucks, forklifts, dollies, pallets, racks, and skids.

 

(i)                "Food" means articles used for food or drink for humans including meat and ice intended for human consumption; chewing gum; beverages subject to the Federal Alcohol Administration Act, as amended, (Title 27 U.S.C. 201 et seq.); articles used for components of any article noted above in this paragraph.

 

(j)                "Food area(s)" is the area(s) of the facility used for storage, preparation, and/or serving of food. Included is that area where the food service utensils and equipment are washed and/or stored.

 

(k)              "Food-contact surface" means a surface of equipment or a utensil with which food normally comes into contact; or from which food may drain, drip, or splash into a food or onto a surface normally in contact with food.

 

(l)                "Garbage" means waste resulting from the growing, handling, preparation, cooking, and consumption of food; also includes sanitary napkins, soiled diapers, and other insect or rodent-attracting refuse.

 

(m)            "Insect and rodent proof" means capable of keeping insects and rodents from entering buildings, garbage containers, diaper pail(s), or containers (e.g., tight fitting screens, doors, lids.)

 

(n)              "Multi-use" means designed or intended to be used more than once and intended to be cleanable.

 

(o)              "Nonabsorbent" means a relatively hard surface that will not absorb liquids, food items, etc.

 

(p)              "Pathogen(ic)" means any disease-producing microorganism or material.

 

(q)              "Potentially Hazardous Food (Time/Temperature Control for Safety Food (TCS))" means a food that requires TCS to limit pathogenic microorganism growth or toxin formation.

 

(i)                Potentially hazardous food TCS includes:

 

(A)            An animal food that is raw or heat-treated; a plant food that is heat treated or consists of raw seed sprouts, cut melons, cut leafy greens, cut tomatoes or mixtures of cut tomatoes that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation, or garlic-in-oil mixtures that are not modified in a way that do not support pathogenic microorganism growth or toxin formation; and are usually high in protein or carbohydrates and have a pH above 4.6 and a water activity above 0.85.

 

(ii)              Potentially hazardous food TCS does not include:

 

(A)            An air-cooled hard-boiled egg with shell intact, or an egg with shell intact that is not hard-boiled, but has been pasteurized to destroy all viable salmonellae;

 

(B)             A food in an unopened hermetically sealed container that is commercially processed to achieve and maintain commercial sterility under conditions of non-refrigerated storage and distribution;

 

(r)               "Private water supply" means a water supply meant for human consumption, but that is used by the occupants of only one (1) facility and the children being cared for at that facility (well, cistern, etc.).

 

(s)               "Regulatory authority" means DFS or its designated representative.

 

(t)                "Safe materials" means articles manufactured from or composed of materials that may not reasonably be expected to result, directly or indirectly, in their becoming a component or otherwise affecting the characteristics of the food. An article that is used as specified in section 409 of the Federal Food, Drug, and Cosmetic Act, as amended or articles that are used in conformity with applicable regulations.

 

(u)              "Sanitization" means the application of cumulative heat or chemicals on cleaned food-contact surfaces that, when evaluated for efficacy, is sufficient to yield a reduction of five (5) logs, which is equal to a ninety-nine and nine hundred ninety-nine thousandths' percent (99.999%) reduction, of representative disease microorganisms of public health importance.

 

(v)              "Single service article" means tableware, carryout utensils, and other items such as bags, containers, placemats, stirrers, straws, toothpicks, and wrappers that are designed and constructed for one (1) time, one (1) person use after which they are intended for discard.

 

(w)            "Shielding" means a protective covering placed over lights or heating fixtures that will effectively prevent glass fragments from contaminating foods or food contact surfaces.

 

(x)              "Utensils" means a food-contact implement or container used in the storage, preparation, transportation, dispensing, sale, or service of food, such as kitchenware or tableware that is multi-use, single-service, or single-use; gloves used in contact with food; food temperature measuring devices used in contact with food.

 

Section 3.                Utensils and Equipment.

 

(a)              Multi-use utensils, equipment, and food contact surfaces shall be constructed and repaired with safe materials.

 

(i)                They shall be corrosion resistant, easily cleanable, and durable under conditions of normal use.

 

(ii)              Single service articles shall be used only once and made from clean, sanitary, and safe materials, stored in closed cartons or containers protecting from contamination.

 

(b)              Multi-use utensils and food contact surfaces shall be washed, rinsed, and sanitized after each use or whenever contamination may have occurred.

 

(c)              Non-food contact surfaces of equipment shall be cleaned as necessary to keep the equipment free of accumulation of dust, dirt, food particles and other debris.

 

(i)                Dining tables and high chair trays shall be washed, rinsed, and sanitized before and after each meal.

 

(ii)              All surfaces that come into contact with food, including tables, high chair trays, and countertops, as well as floors and shelving in the food preparation area, shall be in good repair, free of cracks or crevices, and shall be made of smooth, nonporous material.

 

(A)            Contact paper shall not be used on shelving in storage or food preparation areas.

 

(iii)           All rooms in which food or drink are prepared or in which utensils are washed or stored shall be uniformly lighted with a minimum of twenty (20) foot candles of light at work level.

 

(A)            Light fixtures in all food preparation, storage and utensil washing areas shall be shielded or utilize shatterproof type bulbs.

 

Section 4.                Manual Washing and Sanitizing.

 

(a)              When items are manually washed and sanitized using a three-step method, the following shall be met:

 

(i)                Each of the three (3) sink compartments or containers shall be large enough to accommodate the utensils or other items;

 

(ii)              In the first compartment, items shall be thoroughly washed with a food grade detergent in a clean solution. 

 

(iii)           In the second compartment, items shall be rinsed with hot, clear rinse water until free of detergent and abrasives.

 

(iv)            In the third compartment, items shall be sanitized by immersion in an approved sanitizing solution according to the label instructions. 

 

(A)            When chemicals are used for sanitization, a test kit or other device that accurately measures the parts per million concentration of the sanitizer shall be used.

 

(I)                For food contact surfaces, toys, door knobs and other surfaces, bleach solution shall test between 50 and 100ppm.

 

(II)              For diaper changing areas, bleach solution shall test between 100-200ppm.

 

(B)             Commercial sprays which have been tested and are mixed at the appropriate strength may be used.

 

(C)             Commercial wipes shall not be used as they cannot be accurately tested.

 

(v)              Dishes and equipment shall then be air dried in a self-draining position before being stored.

 

Section 5.                Mechanical Washing and Sanitizing.

 

(a)              When utensils and equipment are cleaned and sanitized in a dishwasher, the following shall be met: 

 

(i)                Cleaning and sanitizing may be done by a spray type or immersion dishwashing machine or by any other type of machine or device if it can be demonstrated to the regulatory authority that it thoroughly cleans and sanitizes utensils and equipment. The dishwashing machine shall incorporate a chemical or heat sanitizing cycle, and the machine allows sanitizing cycle completion without opening the machine.

 

(ii)              They shall be maintained in good repair and shall be operated in accordance with the manufacturer's instructions.

 

(iii)           Cleaned and sanitized utensils, equipment and supplies shall be stored at least six (6) inches above the floor level in a clean, dry location and in such a manner that protects them from contamination by splash, dust, or other means.

 

Section 6.                Food Quality.

 

(a)              Food shall be of sound condition, free from spoilage, signs of mold, or other contamination and shall be safe for human consumption.

 

(b)              Food shall be obtained from sources that comply with all laws relating to food and food labeling. Wild game is prohibited from being served to the children.

 

(c)              Home-canned food, food from dented, rusted, bulging, or leaking cans, and food from cans without labels shall not be used.

 

(d)              Fluid milk and milk products shall be pasteurized and meet the Grade A quality standards as established by law.

 

(e)              Raw, unpasteurized milk products, unpasteurized fruit juices, and raw, ungraded, cracked or undercooked eggs shall not be used. Freshly squeezed fruit or vegetable juice prepared just prior to serving is permissible.

 

(f)               Dry milk and dry milk products shall be made from pasteurized milk or milk products and shall be used only in cooking.

 

Section 7.                Food Safety.

 

(a)              At all times, including while being stored, prepared, displayed, served, or transported, food shall be protected from contamination by dust, insects, rodents, unclean utensils and equipment, unnecessary handling, coughs and sneezes, flooding, drainage, and overhead leakage.

 

(b)              Sufficient refrigerated or hot or cold storage equipment shall be available to maintain cold food at or below 41 degrees F and hot foods at or above 135 degrees F.

 

(c)              A working stem thermometer shall be available and used to check cooking and hot hold temperatures;

 

(d)              Refrigerator thermometers shall be kept easily visible and shall be mercury free.

 

(e)              Potentially hazardous frozen foods shall not be thawed at room temperature.

 

(f)               Staff shall minimize bare hand contact while preparing food and not touch unpackaged, ready-to-eat food with bare hands. A barrier, such as gloves, utensils, or wax paper shall be used when preparing and serving these foods.

 

(g)              Raw meat and fish shall be fully cooked to heat all parts of the food to a temperature and for a time of: 145°F or above for 15 seconds for fish and meat; 160°F for 15 seconds for chopped or ground fish, chopped or ground meat or raw eggs; or 165°F or above for 15 seconds for poultry or stuffed fish, stuffed meat, stuffed pasta, stuffed poultry or stuffing containing fish, meat or poultry.

 

(h)              Milk may be transferred from the original container to other containers but shall not be returned to the original container or stored for later use.

 

(i)                The original container shall be returned to the refrigerator as soon as the individual glasses are filled and shall not remain on the table during lunch, snack, or other dining times.

 

(i)                Unwrapped portions of any leftover food or drink shall not be served again.

 

Section 8.                Food Storage.

 

(a)              Food, whether raw or prepared, if removed from the container or package in which it was obtained, shall be stored in a clean, covered, and labeled container.

 

(b)              All food stored in the refrigerator shall be tightly covered, wrapped, or otherwise protected from direct contact with other food.

 

(c)              Hot foods to be refrigerated and stored shall be transferred to shallow containers in food layers less than three (3) inches deep and refrigerated immediately.

 

(d)              Foods not requiring refrigeration shall be stored at least six (6) inches above the floor level in a clean, dry, well-ventilated area and in such a way (such as in nonporous containers off the floor) as to prevent contamination and insects and rodents from entering the products.

 

(e)              Dry, bulk foods which are not in their original, unopened containers shall be stored in metal, glass or food grade plastic containers with tightfitting covers and shall be labeled.

 

Section 9.                Personnel.

 

(a)              Persons engaged in food preparation and service shall wear clean outer garments, maintain a high degree of personal cleanliness, and conform to hygienic practices including handwashing.

 

(b)              If disposable gloves are used, hands shall be washed before putting on the gloves and after removing the gloves.