July 19, 2010
To: All Food Service Establishments
From: Arnold Price, Food Inspector
Re: MA Food Allergen Awareness Requirement
Effective October 1, 2010 105 CMR 590.000 (MA Food Code) will be amended to include 590.009 subsection (H): Food Allergy Requirements. The amendment states: Food establishments that cook, prepare, or serve food intended for immediate consumption either on or off the premises shall comply with the following requirements.
(1) Poster. No later than October 1, 2010, such food establishments shall prominently display in the employee work area a poster approved by the Department, no smaller that 8.5 by 11 inches, relating to major food allergens. The poster shall include the following information:
(a) Major food allergens
(b) Health risks of food allergies
(c) Procedure to follow when a customer states that he or she has a food allergy; and
(d) Emergency procedure to follow if a customer has an allergic reaction to food.
(2) Notice on printed menus and menu boards. Such food establishments shall include on all printed menus and menu boards a clear conspicuous notice requesting a customer to inform the server before placing an order, about the customer’s allergy to a major food allergen. The notice shall state: Before placing your order, please inform your server if a person in your party has a food allergy.
(a) Effective Date. The notice must be included on printed menus and on indoor and outdoor menu boards, including drive through menu boards, no later than October 1, 2010. This includes all printed menu materials such as take out menus, website and catering menus.
(b) Menu Boards.
1. All notices on menu boards must be easily readable from the point of service at which food is ordered. On the menu board itself, the font size of the notice must be equal to or greater than the font size of the smallest menu item listed on the board
2. In lieu of placing the notice directly on the indoor or outdoor menu board itself, the food establishment may post the notice adjacent to the menu board or at each point of service where food is ordered. Such notice must be securely posted in a manner so that it may be easily seen and read from a distance of five feet by a person standing at or approaching the point of service shall directly face the purchaser, and not be obstructed from view.
Also please be advised that by February 1, 2011 590.009 subsection (H) will also be amended to include and require the following food allergen awareness training for staff:
(3) Food Allergen Awareness Training
(a) By February 1, 2011 such food establishments shall have on staff a certified food protection manager who has been issued a Massachusetts certificate of allergen awareness training by an allergen awareness training verification program recognized by the Department. The certificate will be valid for 5 years.
(b) The certified food protection manager shall:
1. Demonstrate knowledge of major Food Allergens by posting the Massachusetts food allergen awareness training certificate; and
2. Ensure that employees are properly trained in food allergy awareness as it relates to their assigned duties.
(4) Exemptions
(a) Public and private schools, educational institutions, summer camps, childcare facilities, and other child care programs approved to participate in USDA Child Nutrition Programs are exempt from 105 CMR 590.009(H), with the exception of 105 CMR 590.009(H)(3)(b)2., provided that they have:
1. Written policies and procedures for identifying, documenting, and accommodating students with food allergies, and
2. Documentation verifying participation in food allergen training recognized by the Massachusetts Department of Elementary and Secondary Education and the Massachusetts Department of Public Health.
(b) Food service operations in institutional settings in which food is prepared and/or served to a specific population (for example, hospitals, non-profit organizations, Older American Act Elderly Nutrition programs, and charitable food facilities) that have written procedures for identifying, documenting, and accommodating their clients with food allergies are exempt from 105 CMR 590.009(H)(2).
(c) Temporary food establishments operated by non-profit organizations are exempt from 105 CMR 590.009(H).
Restaurant managers and Persons-In-Charge (PICs) will be required to receive a food allergy certification every five years. In order to receive their certificate, participants will watch a 30-minute online training video that has been developed by FAAN (Food Allergy and Anaphylaxis Network). The MA Department of Public Health (DPH) will contract with up to five vendors who will host the video online. Participants will register on a website, pay a $10 fee, view the video, and print out their certificate themselves.
The online training program is expected to be operable by September or October, and all restaurants will have until February 1, 2011 for their food manager to receive their additional certification. At that point, health agents will check for the food allergy certificate as part of their regular inspections, just as they currently check for Serve Safe certification(s).
Companies that already have designed their own food allergy training programs will not be able to apply for a waiver from the above requirements; they will still have to complete the following components as a supplement to their existing practices. The video will be available for free for any establishments who wish to train other staff in addition to their certified manager.
The DPH is developing a guidance document that will be sent to all local health departments. It will also be posted on our BOH website and sent out as a BOH Notice once finalized.
I will update you as more information becomes available. However I would like to reiterate that these regulations will go into effect on the assigned dates. Please call with any questions you may have.
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