29.4 Fixed Food Service Establishments
29.6 Mobile Food Carts and Kiosks
29.8 The University of Michigan Small Group Housing Kitchen Guidelines
29.2 Responsibilities #
U-M Food Service Managers #
- Cooperate with EHS in all aspects of food safety as outlined in this chapter.
- Adhere to the requirements of the Michigan Food Law (Act 92 of 2000) and 2009 Michigan Modified FDA Food Code.
EHS #
- Administer all applicable sections of the Michigan Food Law (Act 92 of 2000) and 2009 Michigan Modified FDA Food Code on University property as provided for in the “Agency Agreement” and “Inspection and Certification of Group Kitchen Facilities Agreement” documents.
- Serve as a University liaison for local, county, state, and federal agencies regarding food safety issues.
- Maintain the food service inspection reports on the EHS webpage.
- Provide training and technical assistance to food service personnel.
- Review and revise this chapter on an annual basis.
29.3 Policy #
No person shall serve time/temperature control for safety (TCS) food to the public unless that food has been prepared in a licensed facility. Any TCS food offered to the public requires licensing. However, no license is required when one of the following conditions is met:
- If food has been prepared in a food establishment licensed by the Michigan Department of Agriculture and Rural Development (MDARD), transported in a safe manner, and held at proper temperatures at a temporary serving location, no additional license is required, provided that no food preparation occurs at the temporary serving location and the food is transported and served by employees of the food establishment.
- A group may provide food for its own members in connection with its own meeting, party, picnic or other function where public participation is not intended.
- A person owning or operating a device that dispenses packaged nonperishable foods or beverages; or bulk gum, nuts, and panned candies.
- A temporary food establishment with no food preparation using only single-service articles and serving only non-TCS food or beverage.
- A retail establishment that only sells prepackaged, non-TCS and offers only an incidental amount of food, such as the sale of single-service packages.
- A charitable, religious, fraternal, or other nonprofit organization operating a home-prepared baked goods sale with only non-TCS foods in connection with its meetings or as part of a fund-raising event.
- A food operation located in a boarding house, fraternity or sorority house, or other facility where the facility is the primary residence for the occupants and the food operation is limited to serving meals to the occupants as part of their living arrangement.
Food service operations conducted on University property, including those described above are subject to inspection by EHS, regardless of whether a license is required. Food service licenses are not transferable to person or place and must be posted in a conspicuous area within the facility.
29.4 Fixed Food Service Establishments #
Licensing #
A food service establishment at The University of Michigan may not operate without a valid license issued by MDARD though EHS. An application for a license must be submitted at least 30 calendar days before the date planned for opening a food establishment or the expiration date of the current license for an existing facility.
Plan Review #
Any person desiring to open a fixed food service establishment, remodel an existing establishment, or provide equipment or menu changes must submit a Plan Review Packet to EHS along with architectural plans and equipment specifications. Upon receipt of a properly completed application, EHS will determine if the proposed location complies with the Michigan Food Law and University guidelines. See the University of Michigan Design Guidelines for requirements.
EHS will consult with and request the assistance of the Washtenaw County Department of Public Health, Environmental Health Division Plan Review Specialist whenever necessary. Enforcement procedures (below) could result if construction activities or menu changes are initiated prior to Plan Review approval.
License Issuance Or Denial #
If a food service establishment is found to comply with applicable rules and regulations, a license will be issued. A facility may be eligible for a limited license if, in the opinion of EHS, it will not constitute a threat to the public health or safety. Such limitations will be clearly explained in writing. However, if an establishment does not qualify for a license, the applicant will be notified in writing that the application for a license is denied. The notification will include an explanation of the deficiencies constituting the basis for denial, suggested remedial action, if any, and information on administrative review procedures.
Variance #
The requester of a variance from the Michigan Food Law and 2009 Michigan Modified FDA Food Code must provide EHS with the following information:
- A written statement of the proposed variance, citing the section numbers from the Michigan Food Law and/or 2009 Michigan Modified FDA Food Code.
- An analysis of the rationale for how the potential public health hazards and nuisances will be addressed by the proposal.
- A hazard analysis critical control plan (HACCP) , if required.
Inspections #
Unannounced inspections of a fixed food service facility will be conducted at least once during each six month period of operation; seasonal facilities and facilities that are in operation nine or fewer months per year shall be inspected at least once during the period of operation. Additional inspections may be conducted to verify that Priority Items and Priority Foundation Items were corrected, if the facility is implicated in a potential foodborne illness, in response to a complaint, or if the facility appears to be a high risk operation. EHS will be granted access to all areas of a food service facility, and may examine, take samples of, seize, condemn, or otherwise restrict the use of food, equipment, or utensils in accordance with the Michigan Food Law.
A report identifying the violations found during the inspection will be issued to the person in charge. Inspection reports are maintained on the EHS webpage.
Enforcement Procedures #
There are three types of violations: Priority, Priority Foundation, and Core. A Priority violation is an item that is more likely than other violations to contribute to food contamination, illness to humans, or an environmental health hazard. Priority violations are required to be corrected at the time of inspection.
A Priority Foundation violation is an item whose application supports, facilitates, or enables one or more Priority items. Priority Foundation violations must be corrected immediately or within 10 days if the Priority Foundation violations do not create an immediate health hazard.
Core violations are less hazardous. The time for correction of Core violations is typically limited to 90 days.
EHS may approve a compliance schedule that extends beyond the time limits specified above, if a written schedule of compliance is submitted by the license holder and no health hazard exists or will result from allowing an extended schedule of compliance. EHS may provide on-the-spot training for food service workers, supervisors, and managers whenever Priority and Priority Foundation Items are identified. Such training will be documented and may be considered as part of the corrective action.
EHS may require more extensive food safety training for food service managers, supervisors, and workers if repeated Priority and Priority Foundation Items are identified, or if the facility is implicated in a suspected foodborne illness. Such training will be documented and will be considered as part of the corrective action.
When repeated Priority and Priority Foundation violations are identified in a licensed food service operation, the EHS Sanitarians will inform their supervisor, Manager of Operational Health & Safety (OHS) and appropriate enforcement action will be taken, as follows:
- An informal conference may be scheduled with the EHS Sanitarians, the OHS Manager, and the Food Service Manager to assure that the food service facility manager(s) understand the issues involved. The result of this conference would typically require additional training conducted by the Sanitarians for the food service workers and/or management to assure that all personnel understand their roles in preventing foodborne illness. Additionally, the food service manager would need to supply a written plan of corrective action to EHS.
- An Order to Immediately Discontinue Food Service Operations may be issued by EHS if it is determined that continued operation of a food service establishment constitutes an immediate and substantial hazard to the public health. The facility manager will be instructed to immediately abate the hazard or discontinue food service operations. This action may affect the entire facility, or only a specific area of operation within the facility, and may be for a specific or an indeterminate period of time. Such an order may be issued in connection with a suspected foodborne illness.
- An Order to Suspend License may be issued by EHS if:
- Efforts to correct a repeated critical violation are unsuccessful; and
- The food service manager has been notified in writing that he or she must meet with the OHS Manager to provide an explanation of what action will be taken to correct the problem; and
- There has been no response to EHS within 72 hours.
- An Order to Limit the License may be issued by EHS if:
- EHS determines that there are inadequate or insufficient facilities, equipment, procedures, or personnel to handle the volume, variety, or type of foods stored, prepared, displayed, or served; and
- The food service manager has been notified in writing that he or she must provide an explanation of what action will be taken to correct the problem; and
- There has been no response to EHS within 72 hours.
The following persons shall be notified of all Orders to Immediately Discontinue, Suspend, or Limit food service operations at a particular location:
- Associate Vice President for Facilities and Operations
- Director of Environment, Health & Safety
- Director of Washtenaw County Environmental Health
5. Administrative Review Process
During any of the above enforcement actions, the food service manager and/or their supervisor(s) may request an Administrative Review of the situation. This request may be verbal or in writing. The OHS Manager will conduct the Administrative Review with representatives of all affected parties in attendance. A representative from the Washtenaw County Environmental Health Division may be invited to attend. During the review available data will be examined, root causes identified, and an appropriate course of action selected. A written agreement will be developed describing necessary actions with completion dates. Failure to reach an agreement will result in the issuance of an Order to Limit, Suspend, or Revoke the license.
29.5 Temporary Events #
Required Permissions #
All outdoor events and sales of any kind on University grounds must have prior approval of the Associate Vice President for Facilities and Operations (AVPFO), with the exception of Nichols Arboretum and Athletics. These areas are managed by their own programs. The Guideline for Use of University Grounds provides information for making requests or email: [email protected] or call 615-9075. Events planned in the following outdoor areas should be pre-scheduled, as noted below prior to requesting AVPFO permission:
- Central Campus Diag – Center for Campus Involvement, 2205 Michigan Union at 763- 5900.
- North Campus Gerstacker Grove – Center for Campus Involvement, 2205 Michigan Union at 763-5900.
- Palmer Field – Recreational Sports Facilities Rentals, 105 Washtenaw Ave. at 763-3084.
Indoor events require permission from the building manager, director, dean, department head or designated representative.
Temporary Food Establishment Licensing #
For all indoor and outdoor events, EHS will require a temporary food establishment license application to be submitted and verification of approval from the applicable offices, as stated above, before issuing the Temporary Food Establishment License. Notify EHS by emailing [email protected] or calling 734-647-1143 at least seven (7) days prior to any indoor or outdoor temporary event where TCS food will be served to the public. A Temporary Food Service License will be issued at the event by an EHS representative, before food sales are open to the public.
At the discretion of EHS, food safety training may be a condition of licensure of a temporary food establishment. Inspections may be conducted at any time during the period of operation. EHS may limit the menu or place other limitations on the license. Any violations found during the inspection must be corrected. The license may be suspended or revoked, or specific items removed from the menu if violations are not corrected immediately.
Wastewater #
Wastewater must be collected for disposal in a sanitary sewer. No discharges to storm water drainage systems are allowed during temporary events.
29.6 Mobile Food Carts and Kiosks #
Mobile food trucks, carts, and kiosks, that do not fall under the classification of a temporary event, will be licensed as fixed, transitory, or mobile food establishments based on the plans of the operator, the foods to be offered, and the plans that are submitted during the application and plan review processes. Mobile food trucks, carts, and kiosks must meet the structural and operational criteria established by the Michigan Food Law and the 2009 Michigan Modified FDA Food Code. Additionally, only mobile food service vendors that have been inspected by University of Michigan Environment, Health, & Safety (EHS) Fire Safety Services (FSS) and a County Health Department or their designee are authorized to operate on University of Michigan campuses.
29.7 Small Group Kitchens #
Kitchens in off campus housing units affiliated with the U-M Office of Greek Life and the Inter- Cooperative Council must comply with the Small Group Housing Kitchen Guidelines (below) issued by EHS. A certificate of compliance will be issued by EHS and the Ann Arbor City Housing Inspection Bureau, following a satisfactory annual kitchen inspection by EHS. Additional unannounced inspections may be conducted at the discretion of EHS.
EHS may require the person responsible for food safety to attend a food safety training session if a critical violation is not corrected within the specified time period; or if identical critical violation(s) appear on two consecutive reports; or if the facility is implicated in a suspected foodborne illness. EHS will notify the unit of the date, time, and location of such training.
If EHS determines that conditions are unsafe to prepare food in a small group housing kitchen, EHS may temporarily close the kitchen under the authority of the “Inspection and Certification of Group Kitchen Facilities Agreement” and “Chapter 65 of the Ann Arbor City Code” and place a notification to that effect in a conspicuous area in the facility. Food service operations may resume only after EHS determines that unsafe conditions have been corrected satisfactorily. Failure to comply in a timely manner may result in suspension of kitchen certification. When this occurs, the following will be notified:
- Associate Vice President for Facilities and Operations
- Executive Director of Environment, Health & Safety
- Washtenaw County Environmental Health Division
- Ann Arbor Housing Inspection Bureau
- Office of Greek Life or Inter-Cooperative Council
- The fraternity or sorority national office
The Ann Arbor Housing Inspection Bureau may consider further action up to and including rescission of the occupancy permit. EHS will coordinate with the Ann Arbor Housing Inspection Bureau and the Washtenaw County Environmental Health Division.
If kitchen certification has been suspended, it is the responsibility of the kitchen manager or another person responsible for food safety to complete the necessary cleaning, repair, and/or maintenance. The housing unit must contact EHS to schedule the necessary re-inspection prior to the re-opening of the kitchen for food service purposes.
Food prepared in fraternity, sorority, or cooperative housing unit kitchens must not be transported to another site for service. Individual residents, however, are permitted to make arrangements to take their meals at the house of their choice.
29.8 The University of Michigan Small Group Housing Kitchen Guidelines #
The University of Michigan Department of Environment, Health & Safety (EHS) conducts kitchen inspections in off-campus housing units that are members of the Office of Greek Life, the Inter-Cooperative Council, or a nationally recognized professional fraternal organization. These off-campus housing units are considered private residences by the Michigan Public Health Code and do not receive a food service license to operate. Instead, they are inspected by EHS and receive a Certificate of Compliance through an agreement with the City of Ann Arbor Housing Inspection Department. Food at these facilities may only be prepared for house residents and invited guests. Food must not be taken out of these houses for distribution at other locations.
Small group housing inspections focus on four basic food safety issues:
- Keep hot food hot.
- Keep cold food cold.
- Protect food from contamination.
- Maintain sanitation.
HOT FOODS #
Cooking #
Be sure there are facilities and procedures in place to cook food properly. This may include ovens, ranges, microwave ovens, griddles, steam kettles, etc. This equipment must be in usable condition and clean.
Cook raw meat and eggs to the proper minimum internal temperature:
- Poultry Products, Stuffed Meats or Seafood: 165°F
- Ground Beef and Eggs: 155°F
- Pork, Solid Cuts of Beef: 145°F
- Fish: 145°F
Thermometers #
Be sure to have and use analog or digital (probe) thermometers to monitor the temperature of foods. These are similar to meat thermometers, but with a range of 0°F to 220°F. Thermometers that are missing, damaged, out of calibration, or that contain discharged batteries are of no value.
To calibrate an analog thermometer, fill a cup with ice and then fill with cold water. Place the thermometer in the cup and allow the thermometer to settle at a temperature. If the thermometer does not read 32°F, adjust the calibration nut under the gauge with a wrench while holding the thermometer in the ice bath.
Be sure to clean these thermometers before and after each use, and store them in their plastic sheaths between uses.
Ventilation Hoods #
Grease producing cooking equipment needs to be located under a ventilation hood equipped with grease filters. Mesh type air filters are unsatisfactory, since they hold the grease; in the event of a fire, this grease becomes fuel. The hood must be designed to collect the grease for easy removal during normal cleaning procedures. Remove these filters and run through a dish machine as often as necessary to prevent the build-up of grease. Have the entire hood professionally cleaned at least once a year and never cook without the grease filters in place.
All hoods over grease producing equipment should be equipped with automatic fire suppression systems and be inspected by a qualified technician every twelve months. Hand held fire suppression equipment must be inspected at least once during each twelve month period.
Holding Hot Food #
Be sure that there are facilities and procedures in place to maintain hot food at or above 135°F until served or discarded. Food may be held at 135°F in an oven or on a stove. Warming ovens, hot plates, and chafing dishes (with SternoTM) are examples of other equipment that can be used to hold hot food. Be sure to use an analog or digital (probe) thermometer to monitor the temperature of foods. If food will not be held hot or rapidly cooled for future use, discard the item after 4 hours.
COLD FOODS #
There should be facilities and procedures in place to cool foods rapidly and to keep foods intended to be held cold at 41°F or below until they are served or discarded. This may include ice wands, ice baths, refrigerators, freezers, refrigerated bulk milk dispensers, or other cold holding units.
Ice Wands & Ice Baths #
Food items prepared for future use or to be kept as leftovers must be rapidly cooled to prevent the growth of microorganisms. Product should be cooled from 135°F to 70°F or less within the first two hours. Within the next four hours, the product must be cooled to 41°F or below. Any food that does not reach 70°F within the first two hours of cooling must be thrown away or reheated and cooled again. Try to avoid using refrigerators for rapid cooling but instead immerse pans of food in ice baths or stir liquid items with an ice wand. Refrigerators are designed to keep food cold and not to rapidly cool items.
Refrigerators & Freezers #
Refrigerators and freezers must be in working condition, plugged in and turned on. They must be level and the doors must close. There must not be any holes extending into the refrigerated compartment. Refrigerator doors must not be damaged, missing, or left open for extended periods. Door gaskets must be in place, intact and clean. Cold foods must be held at an internal temperature of 41°F or less. Frozen foods must be kept frozen, with the freezer maintaining a temperature of 28°F or less.
Refrigerator Thermometers #
Be sure that refrigerator thermometers are accessible and in working order. These thermometers are intended to monitor the temperature of the air within the refrigerated compartment. If built in thermometers are not working properly, contact a service representative. Damaged thermometers must be repaired or replaced. Portable thermometers, if used, must be placed in a conspicuous location.
PROTECTING FOOD FROM CONTAMINATION #
Storeroom #
Foods in bags need to be stored above the floor on shelves, racks, or pallets, or in plastic bins to facilitate cleaning and protect food from moisture. Canned goods must be stored dry. Rusted, swollen, or damaged canned goods must be discarded or sent back to the distributor for a refund. Floors, walls, and ceilings must be kept clean.
Refrigerators & Freezers #
Be sure that raw meats and eggs are stored below any ready-to-eat food. Ready-to-eat foods that show evidence of being contaminated with raw meat drippage must be discarded. Food must be covered to minimize contamination.
The refrigerator must be large enough for the amount of food stored in it; there must be room for chilled air to circulate properly. Throw away unused or expired products promptly. Clean up any spilled food, broken glassware, raw meat drippage, or other food debris as soon as it is noticed.
Food Preparation Area #
Cutting boards, utensils (knives), table tops, counters, and other food contact surfaces must be cleaned and sanitized before and after each use, especially after cutting raw meat. Items that have been washed and rinsed should then be soaked for at least 10 seconds in a dilute solution of chlorine bleach (approximately 50 parts per million), about one teaspoon bleach per gallon of water and allowed to air-dry. This solution may be stored in a pump-spray bottle labeled “Chlorine Bleach” for use with disposable paper towels to sanitize prep surfaces. All chemicals must be stored separately from food and food contact surfaces. Provide indicator test strips, available through food suppliers, to monitor the concentration of the bleach solution. Be sure that floors, walls, and ceilings, and other surfaces such as refrigerator doors and shelving, are kept clean.
During Service #
Food should be protected from contamination during service. Plastic laminate sneeze shielding, covers, lids, or similar methods can be effective when used properly. Individual wrapping provides even more protection.
Pests #
The presence of pests (mice, cockroaches, fruit flies, etc.) should not be tolerated in any kitchen. Work with a pest control company to prevent or remedy pest issues. Seal any holes in walls or equipment that may provide passage or harborage for pests. Do not allow recycling items such as pop bottles or cardboard boxes to accumulate. Keep items off the floors and store all personal belongings outside of the kitchen proper.
Illness #
Do not allow anyone to work with food if they have experienced vomiting or diarrhea within the last 24 hours. Call in a replacement or order food in from a restaurant. At all times, when handling ready to eat food items, utilize disposable gloves.
SANITATION #
Handwashing #
Be sure that there is at least one designated sink for handwashing where the cook(s) and other workers prepare foods. Soap and a supply of paper towels must be provided. The cook(s) must not use cloth towels to dry their hands since the towels tend to be used over and over thereby spreading contamination. People must not wash their hands in food preparation sinks. Conversely, handwashing sinks are not to be used for food preparation.
Toilet #
Restroom facilities used by the cook are to be kept clean. Toilet paper must be provided. There must be a place for the cook(s) to wash their hands with soap and running water. Paper towels must be provided. A covered waste container must also be provided. No food, utensils, or single service items are to be stored in a restroom.
Washing, storage of utensils, dishes #
There must be a method to wash and rinse dishware, flatware, pots, pans, etc. If a dishmachine is provided, it must be in proper working condition. Chemical based machines should leave behind a detectable bleach residue of 50-100ppm on dishware after the final rinse. High-temperature machines should have a final rinse of at least 180°F. This may be verified by running a dish through the machine with a piece of heat sensitive tape attached. The tape should measure at least 160°F on the dishware. Detergent reservoirs, if used, must contain detergent.
If a dish machine is not provided, a three compartment sink must be utilized. A three compartment sink is set up by first washing and sanitizing the compartments of the sink. In the first compartment goes the detergent solution (dish soap and water). The second compartment is used for rinsing and just contains water. Change out this compartment as it gathers soap suds and food debris. The final compartment contains a sanitizer solution. The sanitizer solution may be made up of bleach water at 50-100 parts per million (ppm), an iodine solution at 12.5-25ppm or quaternary ammonia compound usually at 200 ppm (check the container for the proper concentration). Have the appropriate test strips on hand to check these concentrations. Allow dishware to air-dry before returning to the shelf. Clean items need to be stored in a sanitary manner. Cabinets, shelves, drawers, etc. must be kept clean. Spilled food must be cleaned up.
Garbage #
Be sure that garbage disposals, if installed, are in working condition. Indoor garbage container(s) must be kept covered when not in use.
Outdoors, garbage must be placed in dumpsters or durable, covered outdoor garbage containers. There must be no litter around or under the dumpster; garbage must not be stored outdoors in unprotected plastic bags.
29.9 Technical Support #
All referenced guidelines, regulations, and other documents are available through EHS at (734) 764- 1143.
Reference Regulations #
- Michigan Food Law (Act No. 92 of 2000, as amended)
- 2009 Michigan Modified Food and Drug Administration (FDA) Food Code
- “Agency Agreement” between The University of Michigan, Washtenaw County Department of Public Health, Environmental Health Division, and the Michigan Department of Agriculture and Rural Development (MDARD), dated October 25, 2019, designating EHS as the agent for regulating food service operations on University property.
- “Inspection and Certification of Group Kitchen Facilities Agreement” between The University of Michigan and the City of Ann Arbor, designating EHS as the agent for inspection of kitchens in small group housing units registered with the Interfraternity Council, the Multicultural Greek Council, the National Pan-Hellenic Council, the Panhellenic Association, and the Inter-Cooperative Council.
- Chapter 65 of the Ann Arbor City Code
