Issue View | Council I | 2023 Biennial Meeting
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Issue Number: Council I 004
Issue History
This is a brand new Issue.
Title
Amend Food Code 2-301.14 – Allow Donning of Loose-Fitting Gloves
Issue you would like the Conference to consider
Amend 2-301.14 to allow glove use without washing hands under some circumstances.
Public Health Significance
Gloves are an important tool in food service to prevent bare hand contact with ready-to-eat foods and also to protect hands from sources of contamination, thus reducing the amount of handwashing that needs to occur. Many food establishments use loose-fitting gloves as a utensil to handle food items like raw meat and do not follow 2-301.14(H), which requires a hand wash prior to donning gloves.
While the Food Code does specify that gloves can be a utensil (see the definition of "utensil" in the code) it further does not specify when gloves should no longer be treated as gloves. According to 2-301.14(H), hands must be washed before gloves are donned to initiate food preparation. If gloves/utensils are still considered gloves, then the procedures in place in many restaurants are not allowed since they generally do not include a hand washing step prior to donning the glove. Furthermore, if the process includes the use of double-gloving (traditional gloves under loose-fitting gloves), this process is not allowed at all since gloved hands cannot be washed prior to placing the loose-fitting glove over the primary glove.
Many state and local agencies have allowed this process and see the use of loose-fitting gloves as a utensil through a variance or some other pathway. The FDA has stated that they do not see this practice as disallowed based on the current language of the Food Code. Industry has expressed frustration as multiple regulatory jurisdictions have interpreted the Food Code to say that this is not an allowed process.
This issue seeks to codify what industry wants to do and many regulators (including the FDA) have allowed in some capacity.
Recommended Solution: The Conference recommends...
That a letter be sent to the FDA requesting the most current edition of the Food Code be amended as follows:
2-301.14 When to Wash.
FOOD EMPLOYEES shall clean their hands and exposed portions of their arms as specified under § 2-301.12 immediately before engaging in FOOD preparation including working with exposed FOOD, clean EQUIPMENT and UTENSILS, and unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLESP and:
(A) After touching bare human body parts other than clean hands and clean, exposed portions of arms; P
(B) After using the toilet room; P
(C) After caring for or handling SERVICE ANIMALS or aquatic animals as specified in ¶ 2-403.11(B); P
(D) Except as specified in ¶ 2-401.11(B), after coughing, sneezing, using a handkerchief or disposable tissue, using TOBACCO PRODUCTS, eating, or drinking; P
(E) After handling soiled EQUIPMENT or UTENSILS; P
(F) During FOOD preparation, as often as necessary to remove soil and contamination and to prevent cross contamination when changing tasks; P
(G) When switching between working with raw FOOD and working with READY-TO-EAT FOOD; P
(H) Except as specified in ¶ (J) of this section, Bbefore donning gloves to initiate a task that involves working with FOOD; P and
(I) After engaging in other activities that contaminate the hands. P
(J) Loose-fitting gloves may be placed over hands/gloved hands as long as the following criteria are met:
(1) The gloves are donned using a hands-free process such as using a glove holder/dispenser that allows hands/gloved hands to be inserted into the loose-fitting gloves without hand/gloved hand contact with the outside of the loose-fitting glove; and
(2) After use, the loose-fitting gloves are removed using a method that does not contaminate the hands/gloved hands such as shaking the loose-fitting gloves off directly into a trash receptacle.
Submitter Information 1
Name | Matthew Brandt |
Organization | Colorado Department of Public Health & Environment |
Address |
4300 Cherry Creek Dr South A-2 Denver, CO 80246 |
Telephone | 720-550-0322 |
matthew.brandt@state.co.us |
Submitter Information 2
Name | Jason Horn |
Organization | In-N-Out Burger |
Address |
13502 Hamburger Lane
Baldwin Park, CA 91706 |
Telephone | 626-813-5326 |
jhorn@innout.com |