01-001-329 Me. Code R. § XII

Current through 2024-46, November 13, 2024

Section 001-329-XII - PROCEDURE WHEN INFECTION OR HIGH RISK OF INFECTION IS DISCOVERED

When a person who may have handled pasteurized, ultra-pasteurized, aseptically processed and packaged milk or milk products or not pasteurized milk or milk products or has been in an area with milk and milk product contact surfaces where these milk and milk products are processed, produced or handled meets one or more of the conditions specified in Section XI, the Department is authorized to require any or all of the following measures:

A. Milk plant operators who have received reports, under this section, from employees who have handled pasteurized milk, pasteurized milk products or associated product contact surfaces must immediately report these facts to the Department.

B. Dairy plant employees (or applicants to become employees) must be instructed by the dairy plant that the employee or applicant is responsible to report to the dairy plant management, in a manner that allows the dairy plant to prevent the likelihood of disease transmission of diseases that are transmissible through food, if the employee or applicant:

1. Is diagnosed with an illness due to Hepatitis A virus, Salmonella Typhi, Shigella Species, Norwalk and Norwalk-like Viruses, Staphylococcus aureus, Streptococcus Pyogenes, Escheriachia coli 0157:H7, enterohemorrhagic Escherichia coli, enterotoxigenic Escherichia coli, Campylobacter jejuni, Entamoeba histolytica, Giardia lamblia, Non-typhoidal Salmonella, Rotovirus, Taenia Solium, Yersinia enterocolitica, Vibrio cholerae 01 or other infectious disease that has been declared by the Secretary of Health and Human Services to be transmissible to others through the handling of food, or has been clearly shown to be so based upon verifiable epidemiological data; or

2. Is exposed to, or suspected of causing, a confirmed foodborne disease outbreak of one of the diseases specified in #1above, including an outbreak at an event such as a family meal, church supper or ethnic festival because the applicant or employee:

(a) Prepared food implicated in the outbreak, or

(b) Consumed food implicated in the outbreak, or

(c) Consumed food at the event prepared by a person who is infected or ill.

3. Lives in the same household as a person who attends or works in a day care center or school, similar institution experiencing a confirmed outbreak of one of the diseases specified in #1above.

C. Dairy plant employees must be instructed by the dairy plant management to report to the dairy plant management if the employee (or applicant):

1. Has a symptom associated with acute gastrointestinal illness such as: abdominal cramps or discomfort, diarrhea, fever, loss of appetite for three or more days, vomiting, jaundice, or

2. Has a pustular lesion such as a boil or infection wound that is:

(a) On the hands, wrists or exposed portions of the arms, unless the lesion is covered by a durable, moisture proof, tight-fitting barrier, or

(b) On other parts of the body if the lesion is open or draining, unless the lesion is covered by a durable, moisture proof, tight-fitting barrier.

D. The immediate restricting of that person from duties which require handling finished product, such as pasteurized or not pasteurized milk or milk products or the handling of related product contact surfaces. This restriction may be lifted after an appropriate medical clearance or cessation of symptoms or both, according to the following criteria:

Table 5. Removal of Restrictions when Infection or High Risk of Infection is Discovered
Health Status	Authorization to Remove Restrictions
a. Person is diagnosed with an illness due to Hepatitis A virus, Salmonella typhi, Shigella species, Norwalk and Norwalk-like Viruses, Staphylococcus aureus, Streptococcus pyogenes, Escherichia coli 0157:H7, enterohemorrhagic Escherichia coli, enterotoxigenic Escherichia coli, Campylobactorjejuni, Entamoeba histolytica, Giardia lamblia, Non-typhoidal Salmonella, Rotovirus, Taenia solium, Yersiniaenterocolitica, Vibrio cholerae O1 or other infectious or communicable disease that has been declared by the Secretary of Health and Human Services to be transmissible to others through the handling of food or has been clearly shown to be so based upon verifiable epidemiological data.	Restrictions lifted by medical clearance.
b. Person meets a high-risk scenario as specified in Section 13 (2 or 3) of the PMO and/or experiencing symptoms in Section 13 (4 or 5) of the PMO.	Restrictions lifted when symptoms cease or medical documentation is provided that infection does not exist.
c. Person is asymptomatic, but stools positive for Salmonella typhi, Shigella or Escherichia coli 0157:H7.	Restrictions lifted by medical clearance.
d. Person has had past illness from Salmonella typhi, Shigella, Escherichia coli 0157:H7 or other human pathogens for which humans have been determined to be carriers.	Restrictions lifted by medical clearance.
e. In the case of diagnosed or suspected Hepatitis A, person has experienced onset of jaundice within the last seven (7) days.	Restrictions lifted by medical clearance.
f. In the case of diagnosed or suspected Hepatitis A, person has experienced onset of jaundice occurred more than seven (7) days ago.	Restrictions lifted by medical clearance or jaundice ceases.

E. The immediate exclusion of the affected dairy products from distribution and use when medically appropriate (i.e., a medical evaluation of the sequence of events indicates that contamination of product may have occurred).

F. The immediate requesting of medical and bacteriological examination of the person at risk. (Note: Persons at risk who decline to be examined may be reassigned to duties where they will not be required to handle finished products, such as pasteurized or aseptically processed or not pasteurized milk or milk products, and associated product contact surfaces).

G. In the case of milk plants, receiving stations or transfer stations that have HACCP Systems, which are regulated under the NCIMS HACCP Program, the HACCP System must address the public health concerns described in this Section in a manner that provides protection equivalent to the requirements in this Section.

01-001 C.M.R. ch. 329, § XII