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Ex. DUT-MN-011 Standing duty Primary source read

Minn. R. 4626.0045 (Food Code § 2-201.12, Exclusions and Restrictions)

Minnesota Food Code: the person in charge shall exclude or restrict ill food employees

Minnesota Department of Health (Minnesota Food Code, Minn. R. ch. 4626, under Minn. Stat. §§ 31.101, 31.11, 144.05, 144.07, 144.08, 144.12, 157.011) · Minnesota (State)

The COVID Project

The record

Jurisdiction
Minnesota
Level
State
Authority
Minn. Stat. §§ 144.05, 144.12, 157.011; Minn. R. ch. 4626
Issued
2019-01-02 Jan. 2, 2019
Effective
standing (read as 2019-01-02)
End
standing (read as 2021-09-30)
In force
Standing since Jan. 2, 2019 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesStanding dutyOperating condition
Addressees
  • specified businesses (licensed food establishments: the person in charge and, through Minn. R. 4626.0024, the licensee)
Character
sanitary code duty
Collection
Standing duties: Minnesota DUT-MN

Operative words

The person in charge shall: A. exclude a food employee from a food establishment if the food employee is ill with vomiting or diarrhea;... C. restrict an employee if the results of an epidemiological investigation by the commissioner of health under Minnesota Statutes, section 31.171, determines that a food employee or conditional employee presents a risk for transmission of foodborne disease

Penalty

§ 144.99 (DUT-MN-004) and § 157.20 correction orders (DUT-MN-008); license action.

What it required

The person in charge of every food establishment had a standing duty to exclude or restrict ill employees; the rule's own criteria are gastrointestinal illness, enteric pathogens, MDH epidemiological findings and infected lesions, and it does not name respiratory illness or COVID-19, so its COVID-19 content came from the Plan requirement that 'sick workers stay home' (EO 20-40 ¶ 6.a.ii, EO 20-56 ¶ 7.e.i.B; DUT-MN-013) rather than from the rule's text.

Retrieval note

Recorded exactly: this rule imposes a duty, but its criteria are foodborne-illness criteria; it is pleaded as the standing employee-health duty of the Food Code that the Plan guidance extended to COVID-19 symptoms, not as a COVID-19 rule. Minn. R. 4626.0024 (read, not saved): 'The licensee shall meet the standards that this Code prescribes... The licensee bears the responsibility for complying and for acts and omissions of its employees, vendors, and subcontractors with respect to this Code.'.