Maine to tighten food safety rules in May

Next month, Maine restaurant owners may have to demonstrate more knowledge of safe food handling and food storage rules during state inspections, when the state tightens its food code standards.

The new rules, based on the Food and Drug Administration’s 1999 Food Code, will represent a major change from the 1978 FDA code, which Maine has been using.

“I think the [new] food code will be a good thing. It’s more scientifically based than past codes,” said Bob Peterson, who, until recently, served as program manager for the Department of Human Services’ Bureau of Health Engineering, which inspects restaurants and most other establishments that prepare food.

The new version was negotiated among federal, state and restaurant industry officials. Restaurant officials said they wanted to make sure that the code has enough common sense built in to be practical.

In New England, Connecticut and Vermont are the only two states not using an FDA food code or an amended version of it, according to Raymond A. Duffill, senior regional FDA food specialist for New England. Although the code is updated every two years, states often don’t adopt the new rules because of the expense.

The new code requires that managers be able to demonstrate during inspections that they have some training or detailed knowledge of proper food-handling techniques. If not, they will be required to get training.

Dick Grotton, executive vice president of the Maine Restaurant Association, said the public doesn’t realize that until now you had to prove little to open for business.

“If you can’t serve safe, clean food in a wholesome environment then you really need to get out of the business,” he said.

The industry is accepting some of the changes grudgingly, however, and it has managed to convince state officials to drop some others.

One controversial requirement is that food that’s ready to be served in salad bars or other refrigerated units be kept at 41 degrees instead of 44 degrees.

The change sounds small, but it’s difficult to keep food that cold when it’s constantly being exposed to the air. If handlers are not careful, the food can freeze on the bottom in order to keep the top at 41 degrees, restaurant owners say.

Newer equipment can handle the situation, but it’s expensive. So the state agreed to phase in the degree change over 10 years. Whenever equipment is replaced or added, it must meet the new requirements.

Although the 41-degree requirement may be scientifically based, Grotton said, he wonders why people haven’t been getting sick under the current standard if it’s inadequate.

John Duda, owner of Camp Friendship, a summer camp for city children on Crotch Island off Friendship, has a similar complaint. He said inspections of water supplies are more stringent than they used to be, relying on tough federal standards. The camp has been operating on the island for more than a century, and it has always relied on a dug well.

The well’s bacteria levels don’t meet the newest standards, indicating there may be malfunctioning septic systems nearby, even though there is none, he said. So even though he brings drinking water onto the island, he is being forced to build a 350-gallon water tower, he said.

“Most of these regulations are about what could occur instead of what does occur,” he said. “I run a safe, healthy camp.”

The Maine Restaurant Association believes the state has exercised common sense in rejecting another new FDA recommendation requiring that bare hands never contact prepared foods under any circumstances.

“I’m not a believer in the issue of wearing gloves,” Grotton said. “I think it’s probably going to cause as much food-borne illness as it prevents.”

If gloves aren’t changed frequently, they can spread disease just as well as bare hands, he said.

Ron McDougal, supervisor of sanitarians for DHS, said that someone who continues to wear plastic gloves while moving a trash can between making sandwiches could spread illness. But he said the state would require gloves to be worn if employees serving food have a wound or rash on their hands.

The state also cut some slack in other areas. For example, bed-and-breakfasts may use a regular dishwasher instead of a commercial unit.

“The bottom line is, does it function the way it is supposed to,” McDougal said.