2019 Revision of Regulation 61-25

1. 2019 Revision of Regulation 61-25 SummerForum - 2019

2. Agenda • Why Regulation 61-25 was Updated and the Effective Date of the Revision • Certified Food Protection Manager/Food Handlers Certification • Responsibilities and Reporting Symptoms and Diagnosis • Food Labels • Other Chapter Changes • New Allowances for Industry Trends  • Additional Permit Exemptions • Chapter 9 Updates • P/PF Compliance Assistance & New Core Follow Up Protocol • Fee Changes • Implementation Date of the Revision • Q & A

3. Why Update the Regulation? • The Department proposes to update Regulation 61-25 each time the Food Code is updated. • The 2017 Food Code is the current version of Food Code; the 2014 R. 61-25 was based on the 2013 version. • The Department identified a need to simplify and combine this regulation with the outdated fee regulation.  

4. The Major Changes

5. 2-102.12 (A) Certified Food Protection Manager • 2014 Regulation 61-25 - “At least one employee that has supervisory and management responsibility and the authority to direct and control food preparation and service shall be a Certified Food Protection Manager who has shown proficiency of required information through passing a test that is part of an accredited program.” • 2019 Regulation 61-25 - At least one employee that has supervisory and management responsibility, the authority to direct and control food preparation and service, the ability to enforce employee health policies, and a frequent presence at the facility shall be a certified food protection manager who has shown proficiency of required information through passing a test that is part of an accredited program.

6. Person in Charge • Instead of the Person in Charge being a Certified Food Protection Manager, as required by the 2017 FDA Food Code, revised 61-25 requires the Person in Charge shall have, at a minimum, a Food Handler’s Certificate • 2-102.12 (B) At all times during operation, the person in charge shall be a certified food handler or a certified food protection manager who has shown proficiency of required information through passing a test that is part of an accredited program. • Positive features of a Food Handlers Certificate: • May be taken online • Provides the necessary level of food safety information for most operations to conduct day to day business • Available in English, Spanish, Mandarin Chinese, Korean, Vietnamese, Tagalog, Serbo-Croatian, and American Sign Language • Inexpensive and takes approximately 75 minutes to complete

7. Standardized Exemption of CFPM 2-102.12 (C)  These facilities would require the Food Handlers Certification only with no CFPM oversight: • Facilities serving: • Commercially pre-cooked TCS items for hot holding only or immediate service (hot dogs with commercial chili). • Scooped ice cream, milk shakes, and sundaes. • Bakeries where the end product is non-TCS.

8. 2-201.11, 2-201.12, 2-201.13 Responsibilities and Reporting Symptoms and Diagnosis • These sections were expanded to incorporate all Exclusion/Restriction/Reporting in the 2017 Food Code. • The intent of including these sections are to provide clarity for how and when to exclude, restrict or report sick employees. • The requirement for a written health policy remains in 2-103.11(P) but you can now refer to these sections of 61-25 as your policy.

9. Update on the Current Hep A Outbreak in SC • DHEC is providing guidance to operators of retail food facilities as part of our inspection reporting email. • The outbreak continues to spread throughout the state, and your assistance will help prevent additional illnesses, possible outbreaks in your food establishment and keep your employees and customers healthy. • This printable flyer for posting in your kitchen or break room is available on our website on the retail industry education page under “signage”.

10. 3-602.11 Food Labels • Labeling is now required for “Grab & Go” Products. • 2014 Wording: “Food packaged in a retail food establishment shall be labeled as specified by law.” • The revised regulation added to this to provide simple labeling requirements drawn from the 2017 Food Code and your input during the drafting period. It now provides consumers with allergen information when a knowledgeable server is not present.

11. 3-602.11 Food Labels • Label information shall include: 1) The common name of the food, or absent a common name, an adequately descriptive identity statement. 2) The name and place of business of the manufacturer, packer, or distributor. 3) The name of each major food allergen contained in the food, unless the food allergen is already part of the common or usual name of the respective ingredient. • Bulk food that is available for consumer self-dispensing via label or signage: 1) The manufacturer’s or processor’s label that was provided with the food; or 2) Labeled as above.

12. Other Chapter Changes • In definitions, clarified that the ADA “service animals” definition does not include “comfort animals” or any other type of support animal not recognized as a service animal under the ADA and its implementing regulations. • Based upon input from stakeholders prior to the drafting of the regulation, we incorporated provisions to allow for the current industry trend of using alcove openings in public access areas and alternatives for cooking surfaces such as cedar planks.

13. Exemptions • Clarified exemptions from the requirement to be a retail food establishment to include individuals preparing and selling additional non-time temperature control foods for food safety (“cottage food” items such as jams/jellies/dried seasonings) from their homes. • New exemption allowing low risk waffle and funnel cakes to be prepared or vended (roadside and flea market sales, hotel breakfast service) without the need for a permit. 

14. 9-1 Mobile Food • Adjusted the frequency of servicing visits to the commissary by the mobile unit. • Allowed increased flexibility in the length and width of the serving window. • Corrected water temperature requirements to be consistent with the main body of Regulation 61-25.  • Addressed the sizing and type of information required to be on mobile food unit signage. • Allows for flexibility on approving storage location of units.

15. 9-5 Shared Use Operations To simplify the oversight of shared use kitchens, changes were made to allow for the facilitator to specify the number of users (operators) that will be the maximum capacity working from the shared use kitchen based on storage, scheduling, and other business model practices. This will reduce the need for multiple facilitator approvals. Individual operators will still need to be approved/permitted for their operation.

16. 9-11 Farmers Markets and Seasonal Series • “Farmers Markets and Seasonal Series” renamed to “Retail Food Establishments – Remote Service” to encompass additional new business models. • Adjustment of handwashing facility requirements will be in line with the other similar sections in Chapter 9.

17. P/Pf Annotations • We made navigating Reg 61-25 easier for you! • Priority violations are identified with the superscript “P” • Priority Foundation violations are identified with the superscript “Pf” • Subsections have been bolded to make navigating and finding sections easier.

18. New Alternative Consecutive Core Violation Follow Up Process • Regulation still requires that all non-structural consecutive core violations receive a 10 day follow up. • We are developing a process that would allow for conducting these follow ups via email photo submission by the PIC instead of an actual site visit. • Inspector would review the submission, sign off on the correction, and send the PIC a confirmation that the item was corrected. • This protocol will be used when the only item that requires a follow up inspection is the core item. If any Priority or Priority Foundations are marked out, a site follow up will be conducted.

19. “CDI” Correction During Inspection” • This protocol was developed to facilitate the implementation of R. 61-25 in 2014. • While useful as part of the educational process for that implementation, it has been difficult to be completely uniform and consistent in its application. • After careful consideration, we have decided to discontinue the use of the CDI process and it will not be an option on the inspection report effective July 1.

20. Fee Changes • It has been 18 years since our last fee update. • The fee tiers did not change • Previously fees were set by a separate regulation, R. 61-37, which most operators had never seen. Now they are in R.61-25, making it easy to find and review. • $0 - $250k – ($60) $100  • $250k - $500k – ($90) $150  • $500k - $750k - ($120) $200  • $750k - $1m – ($150) $250  • $1m - 1.25m – ($180) $300   • $1.25m - 1.5m – ($210) $350  • $1.5m - 1.75m – ($240) $400  • $1.75m+ - ($270) $450  (old fees in parenthesis)

21. Fees continue to be based on Annual Gross Food Sales • $0 - $250,000: $100 • $250,001 - $500,000: $150 • $500,001 - $750,000: $200 • $750,001 - $1,000,000: $250 • $1,000,001 - $1,250,000: $300 • $1,250,001 - $1,500,000: $350 • $1,500,001 - $1,750,000: $400 • $1,750,001+: $450 • Initial Permit/Pre-Operational Inspection Fee: $100 + estimated first year gross sales fee from above. • Includes all pre-operational inspections, permit inspections, and first year inspection fee. • Failure-to-Pay Penalty: $50 after 30 days; Additional $50 each 30 days until 90 days, at which permit suspension occurs.

22. When will this be effective? • The regulation became effective on May 24, 2019 • It will be implemented by DHEC on July 1, 2019 • Facilities applying for new permits starting July 1 will be subject to the new fee scale • Invoicing of existing facilities will be delayed until late summer or fall.

23. Discussion? If you’d like for us to speak at your association or group meeting regarding the regulation changes, please let us know!

24. (803) 896-0640 Division of Food and Lead Risk Assessments