Health Department
City Hall - 562 Main Street
Melrose, Massachusetts 02176
(781)979-4130 fax (781)979-7696
Board of Health
Frank Brincheiro, MD
Maurine Garipay, RN
Joseph DiPietro, Psy.D.
November 17, 2016
Office of the General Counsel
Department of Public Health
250 Washington Street
Boston, MA 02108
RE: comments on proposed revisions to 105 CMR 590.000 State Sanitary Code Chapter X
Minimum Sanitation Standards for Food Establishments
To Whom It May Concern:
Thank you for the opportunity to comment on the proposed changes to the state’s Food Code. As you are aware, we are currently using a version from 1999. Therefore, my first comment is that MDPH should formalize a process to ensure that these regulations are revised according to current science and standards on a regular basis. As the FDA produces an updated Food Code every four years, I suggest that MDPH review and update the state Food Code every four years too.
My additional comments are as follows:
590.001 (C ) (1) Food Establishment (1) uses the term “cottage foods operations” yet there is not definition of this term. The term is used again on page 12 in 590.008 (F) (A) (2) (c) and page 21
590.010 (F)
590.001 (C ) (2) Full-time equivalent specifies a 40 hour work week. Many businesses use 35 or some other number as their full-time definition. In addition, due to the nature of the business, a standard work day may not be eight hours. I would suggest you change the language to say “assuming that full-time basis is working at least 35 hours per week”.
590.008 (H) (D) includes a provision for the competency of inspectors to “complete a food safety inspection training recognized by the Department.” This is an existing part of the Code which has never been enforced as the Department does not have the resources to provide such training on a regular basis to accommodate the need. There has been a course, the PHIT class, offered jointly by MDPH and Boston University but there is not sufficient capacity, both in slots and location, to provide this course to everyone who is required to take it. I fully support a minimum requirement for inspectors; I suggest using the federal on-line ORAU courses that are free-of-charge and available to anyone with a computer. It does not include field training, but the Department does not have the capacity to provide this type of training either.
590.008 (J) (A) requires that “the findings shall be recorded on a printed form.” Many health departments are using electronic inspection forms and offer the establishment the inspection in either electronic or paper form. This section should be updated to reflect current technology.
590.008 (J) (B) requires the inspector to notify the board of health within three days that an order was served. Again, this is an existing provision which is not currently used. Different communities have different operating procedures concerning communication between the staff and the board. I suggest that this section be removed.
590.011 (A) As a American Heart Association CPR instructor, I have concerns about the lack of consistency between communities about chokesaving courses. I have been offering these courses to the establishment in the communities in which I work for 30 years. As the American Heart Association and American Red Cross use two years as the time for renewal, I suggest that these trainings be valid for two years. In addition, I suggest that there be a minimum standard for those who teach the training such as certified as an EMT, RN, or CPR Instructor. Tobacco Products
590.011 (B) Tobacco Products: Notice and Sale is a provision that addresses the sale of tobacco products, cigarette vending machines and signage. I suggest that the MDPH Tobacco Program comment as to whether these regulations are redundant, out of date, or conflict with current state or local regulations.
Again, thank you for the opportunity to provide input in this valuable process.
Sincerely,
Ruth L. Clay
Ruth L. Clay, MPH, CHO
Health Director
City of Melrose