[HISTORY: Adopted by the Framingham Board of Health 2-21-2019; codification approved 2-13-2024. Amendments noted where applicable.]
A. 
Whereas it is the role of the Framingham Board of Health to safeguard public health and to provide consumers food that is safe, unadulterated, and honestly presented and to prevent the spread of disease by promoting good health through education and prevention in food establishments;
B. 
Whereas a written employee health policy promotes a system of employing healthy employees and identifies employees who present a risk of transmitting foodborne pathogens to food or to other employees. Requiring a written employee health policy provides managers guidance and evidence that the employees are knowledgeable and understand their reporting responsibilities;
C. 
Whereas submitting a written "time as a public health control" plan for review and approval will identify specific food items that will be held without temperature control and the procedures that will be in place to prevent pathogen growth and possible toxin production. Approving the submitted plan and procedures will provide the Division critical information to properly evaluate using time as a public health control when performing inspections at the food establishment. By approving the plans prior to the inspection, the inspector can focus their attention on corrective actions and other risk factors;
D. 
Whereas requiring the person in charge to be the certified food protection manager ensures the continuous presence of someone who is knowledgeable and responsible for monitoring and managing all food establishment operations and who is authorized to take actions. The certified person in charge is accountable for developing, carrying out, and enforcing procedures aimed at preventing foodborne illness;
E. 
Whereas restaurants have a duty to provide a safe environment for their customers. Choking on food is the fourth leading cause of unintentional death in America according to the National Safety Council. Choking can occur at any time and at any place including restaurants with fewer than 25 seats. A choking individual can suffer brain damage if the body is deprived of air for three minutes. Death usually occurs if breathing is not restored in six to eight minutes, therefore rapid response to a choking individual is critical; and
F. 
Whereas if a vomiting or diarrheal event occurs in a food establishment, there is a real potential for the spread of harmful pathogens in the establishment. Proper and timely response action can reduce the likelihood that food may become contaminated and that others may become ill as a result of the incident. Written procedures will address the specific actions that employees must take to minimize the spread of contamination and exposure to employees, consumers, food and surfaces;
G. 
Now, therefore it is the intention of the Framingham Board of Health to regulate food establishments in Framingham.
This regulation is promulgated pursuant to the authority granted to the Framingham Board of Health by MGL c. 111, § 31, which states: "Boards of health may make reasonable health regulations."
For the purpose of this regulation, the following words shall have the following meanings:
DIVISION
The Framingham Division of Public Health.
FC
FDA 2013 Food Code.
FOOD ESTABLISHMENT
As defined in accordance with 2013 Food Code (FC) Section FC 1-201.10 and 105 CMR 590.001(C) and shall include an establishment that offers only prepackaged foods that are not time/temperature control for safety foods.
FC 3-501.19 and 105 CMR 590.003(D), Time as a Public Health Control, Paragraph (A)(1), is amended to read: "Written procedures shall be prepared in advance, submitted to the regulatory authority for review and approval, maintained in the food establishment and made available to the regulatory authority upon request."
FC 2-501.11: A food establishment shall have written procedures for employees to follow when responding to vomiting or diarrheal events that involve the discharge of vomitus or fecal matter onto surfaces in the food establishment. The procedures shall address the specific actions employees must take to minimize the spread of contamination and the exposure of employees, consumers, food, and surfaces to vomitus or fecal matter.
Every food establishment with any amount of seating shall have on its premises, when food is being served, an employee trained in manual procedures approved by the State Department of Public Health to remove food lodged in a person's throat. This will not apply to food establishments without seating such as to-go facilities.
Food establishments shall be categorized by the Division according the chart below. The risk categories are based on potential and inherent food safety risks. The inspection frequency will correspond to the assigned risk categories, allowing the Division to focus resources on food operations with the greatest food safety risks. Risk category zero was added for establishments that offer only prepackaged foods that are not time/temperature control for safety foods. The Division will issue permits to these low-risk operations; however, they will be inspected based on complaints and/or if the operations have changed. At least once every six months, the Division will contact food establishments assigned to risk category zero to ensure the manager and the nature of the food operation have not changed.
Risk Categorization of Food Establishments
Risk Category
Description
Inspection Frequency (number per year)
0
An establishment that sells only prepackaged foods that are not time/temperature control for safety foods.
Complaint driven and/or if the operations have changed
1
Examples include most convenience store operations, hot dog carts, and coffee shops. Establishments that serve or sell only prepackaged, non-time/temperature control for safety (TCS) foods. Establishments that prepare only non-TCS foods. Establishments that heat only commercially processed, TCS foods for hot holding. No cooling of TCS foods. Establishments that would otherwise be grouped in Category 2 but have shown through historical documentation to have achieved active managerial control of foodborne illness risk factors.
1
2
Examples may include retail food store operations, schools not serving a highly susceptible population, and quick service operations. Limited menu. Most products are prepared/cooked and served immediately. May involve hot and cold holding of TCS foods after preparation or cooking. Complex preparation of TCS foods requiring cooking, cooling, and reheating for hot holding is limited to only a few TCS foods. Establishments that would otherwise be grouped in Category 3 but have shown through historical documentation to have achieved active managerial control of foodborne illness risk factors. Newly permitted establishments that would otherwise be grouped in Category 1 until history of active managerial control of foodborne illness risk factors is achieved and documented.
2
3
An example is a full-service restaurant. Extensive menu and handling of raw ingredients. Complex preparation including cooking, cooling, and reheating for hot holding involves many TCS foods. Variety of processes require hot and cold holding of TCS food. Establishments that would otherwise be grouped in Category 4 but have shown through historical documentation to have achieved active managerial control of foodborne illness risk factors. Newly permitted establishments that would otherwise be grouped in Category 2 until history of active managerial control of foodborne illness risk factors is achieved and documented.
3
4
Examples include preschools, hospitals, nursing homes, and establishments conducting processing at retail. Includes establishments serving a highly susceptible population or that conduct specialized processes, e.g., smoking and curing; reduced oxygen packaging for extended shelf life.
4
If any provision of this regulation is declared invalid or unenforceable, the other provisions shall not be affected thereby but shall continue in full force and effect.