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It depends on the food item if the violation is a labeling violation or a date marking violation.
Section 750.151 Ready-to-Eat Potentially Hazardous Food, Date Marking
a) On-Premises Preparation (prepare and hold cold)
Except when packaging food using a reduced oxygen packaging method, and except as specified in subsections (d) and (e) of this Section, refrigerated, ready-to-eat potentially hazardous food prepared and held in a food establishment for more than 24 hours shall be clearly marked to indicate the date or day by which the food shall be consumed on the premises, sold, or discarded, and maintained at 41°F or less for a maximum of 7 days. The day of preparation shall be counted as Day 1.
b) Commercially Processed Food (open and cold hold)
Except as specified in subsections (d)-(f) of this Section, refrigerated, ready-to-eat potentially hazardous food prepared and packaged by a food processing plant shall be clearly marked, at the time the original container is opened in a food establishment and, if the food is held for more than 24 hours, to indicate the date or day by which the food shall be consumed on the premises, sold, or discarded, based on the temperature and time combination specified in subsection (a) of this Section.
1) The day the original container is opened in the food establishment shall be counted as Day 1.
2) The day or date marked by the food establishment may not exceed a manufacturer's use-by date if the manufacturer determined the use-by date based on food safety.
c) A refrigerated, ready-to-eat potentially hazardous food ingredient or a portion of a refrigerated, ready-to-eat potentially hazardous food that is subsequently combined with additional ingredients or portions of food shall retain the date marking of the earliest-prepared or first-prepared ingredient.
d) A date-marking system that meets the criteria stated in subsections (a) and (b) of this Section may include:
1) Using a method approved by the regulatory authority for refrigerated, ready-to-eat potentially hazardous food that is frequently rewrapped, such as lunchmeat or a roast, or for which date marking is impractical, such as soft serve mix or milk in a dispensing machine;
2) Marking the date or day of preparation, with a procedure to discard the food on or before the last date or day by which the food must be consumed on the premises, sold, or discarded as specified under subsection (a) of this Section;
3) Marking the date or day the original container is opened in a food establishment, with a procedure to discard the food on or before the last date or day by which the food must be consumed on the premises, sold, or discarded as specified under subsection (b) of this Section; or
4) Using calendar dates, days of the week, color-coded marks, or other effective marking methods, provided that the marking system is disclosed to the regulatory authority upon request.
e) Subsections (a) and (b) of this Section do not apply to individual meal portions served or repackaged for sale from a bulk container upon a consumer's request.
f) Subsection (b) of this Section does not apply to the following food prepared and packaged by a food processing plant inspected by a regulatory authority:
1) Deli salads, such as ham salad, seafood salad, chicken salad, egg salad, pasta salad, potato salad, and macaroni salad, manufactured in accordance with 21 CFR 110: Current Good Manufacturing Practice in Manufacturing, Packaging, or Holding Human Food;
2) Hard cheeses containing not more than 39% moisture as defined in 21 CFR 133: Cheeses and Related Cheese Products;
3) Semi-soft cheeses containing more than 39% moisture, but not more than 50% moisture, as defined in 21 CFR 133: Cheeses and Related Cheese Products;
4) Cultured dairy products as defined in 21 CFR 131: Milk and Cream;
5) Preserved fish products, such as pickled herring and dried or salted cod, and other acidified fish products defined in 21 CFR 114: Acidified Food
6) Shelf-stable, dry fermented sausages, such as pepperoni and Genoa salami that are not labeled "Keep Refrigerated" as specified in 9 CFR 317: Labeling, Marking Devices, and Containers; and
7) Shelf-stable salt-cured products such as proscuitto and Parma (ham) that are not labeled "Keep Refrigerated" as specified in 9 CFR 317: Labeling, Marking Devices, and Containers.
The risk category assigned to retail food establishments in Illinois is determined by the local health department based on the operations within that establishment:
"Category I facility" means a food establishment that presents a high relative risk of causing food-borne illness, based on the large number of food handling operations typically implicated in food-borne outbreaks and/or the type of population served by the facility. Category I facilities include those where the following operations occur:
Potentially hazardous foods are cooled, as part of the food handling operation at the facility;
Potentially hazardous foods are prepared hot or cold and held hot or cold for more than 12 hours before serving;
Potentially hazardous cooked and cooled foods must be reheated;
Potentially hazardous foods are prepared for off-premises serving for which time-temperature requirements during transportation, holding and service are relevant;
Complex preparation of foods or extensive handling of raw ingredients with hand contact for ready-to-eat foods occurs as part of the food handling operations at the facility;
Vacuum packaging and/or other forms of reduced oxygen packaging are performed at the retail level; or
Immunocompromised individuals such as the elderly, young children under age four and pregnant women are served, where these individuals compose the majority of the consuming population.
"Category II facility" means a food establishment that presents a medium relative risk of causing food-borne illness, based upon few food handling operations typically implicated in food-borne illness outbreaks. Category II facilities include those where the following operations occur:
Hot or cold foods are held at required temperatures for no more than 12 hours and are restricted to same-day services;
Foods are prepared from raw ingredients, using only minimal assembly; and
Foods that require complex preparation (whether canned, frozen or fresh prepared) are obtained from approved food-processing plants, high-risk food service establishments or retail food stores.
"Category III facility" means a food establishment that presents a low relative risk of causing food-borne illness, based upon few or no food handling operations typically implicated in food-borne illness outbreaks. Category III facilities include those where the following operations occur:
Only pre-packaged foods are available or served in the facility, and any potentially hazardous foods available are commercially pre-packaged in an approved processing plant;
Only limited preparation of non-potentially hazardous foods and beverages, such as snack foods and carbonated beverages, occurs at the facility; or
Only beverages (alcoholic and non-alcoholic) are served at the facility.
Food handler training is only required for those that meet the definition of a food handler: "food handler" means an individual working with unpackaged food, food equipment or utensils, or food-contact surfaces. So, if there are no employees that meet that definition, then training is not required. Keep in mind though, that ice is a food and if it is being handled or packaged, training would be necessary.
Food handler training and the food protection manager certification training are two different things. In Illinois, ONLY the Illinois Food Service Sanitation Manager Certification (FSSMC) meets the requirement of the Illinois Food Service Code 750.540. You get an IL FSSMC by taking an approved 8 hour course and a proctored exam through an IL approved instructor.
Food handler training is conducted in person or online and can be done in <2 hours on your own time, without an instructor. Food handler training is required in Illinois for anyone working as a food handler (server, cook, dishwasher, bartender, etc.) that does not have a valid IL FSSMC.
If you are hosting an event that is open to the public, then you cannot serve food prepared in someone's home. You will need to contact the local health department in your county to get the requirements to host an event like this in your area. They will work with you on how and where the food can be prepared and food safety for your event. You can find a list of local health departments in Illinois here: http://dph.illinois.gov/sites/default/files/publications/local%20health%20department%20directory%201.pdf
In order to answer your questions, we will need some additional information.
1. Is the costumer an approved source for fortified whole milk powder?
2. Is the customer a Grade A or manufactured dairy plant?
3. What is the end use for the product?
4. Is it to be used as an ingredient or finished product?
5. Who are the end users of the product, individuals or retail facilities?
6. Is your facility being inspected by the Illinois Department of Public Health?
It usually takes about 7-10 days from receipt of your payment to receive your Illinois Food Service Sanitation Manager Certification (FSSMC) in the mail from our Department. If you'd like to check on the status of your FSSMC, please email us at firstname.lastname@example.org
No, you must contact the local health department in the county where you will be operating and speak with them about their requirements.
You can request a duplicate Illinois Food Service Sanitation Manager Certification (FSSMC) certificate for $10.00 (as long as you paid the initial $35.00 new certificate fee) using the form found here: http://www.idph.state.il.us/about/fdd/FSSMC_ProgramRequestForm.pdf
Yes. There are no longer "renewals" for the Illinois Food Service Sanitation Manager Certification (FSSMC), as everyone must take an 8 hour course and proctored exam through an Illinois approved instructor every 5 years to be eligible for an IL FSSMC. You can find approved courses on our website: http://public.dph.illinois.gov/fssmccourses