The Minnesota food code effective Jan. 1, 2019 includes the new term: highly susceptible population. The term identifies both who they are and where they are. A highly susceptible population means persons who are more likely than others in the general population to experience foodborne disease because they are:  

Immunocompromised

Preschool-age children, or older adults

AND

They obtain food at a facility that provides services such as:

Custodial care

Health care

Nutritional services

Socialization services (e.g., senior center)

Special food safety precautions protect those most at risk for foodborne illness

Because highly susceptible populations include persons who are immunocompromised, the very young and the elderly, establishments serving these populations must meet more stringent food safety requirements. The Minnesota food code effective Jan. 1 includes Restrictions or practices that are not allowed and Limitations or special requirements for juice, eggs, and HACCP plans.

Restrictions

The following are never allowed in an establishment that serves a highly susceptible population:

• Bare hand contact with ready-to-eat food.
• Using a consumer advisory instead of cooking foods to proper temperatures and times.
• Serving or selling raw animal food, partially cooked animal food or raw seed spouts.
• Using time as a public health control for raw eggs.
• Re-serving food from patients under certain conditions.

Limitations – Eggs

• Pasteurized eggs or egg products must be substituted for raw eggs:
• In recipes when more than one egg is broken, combined, and not cooked, baked, or used immediately.
• When preparing food containing uncooked or lightly cooked egg.
• Raw eggs may be used in one customer’s serving at a single meal if the eggs are combined, cooked and served immediately. Examples include omelets, soufflés, or scrambled eggs.
• Raw eggs may be used in baked goods that are thoroughly cooked if the eggs are combined as an ingredient immediately before baking. Examples include cakes, muffins, or breads.
• If you prepare food using raw unpasteurized eggs that are combined and not used immediately, Minnesota food code will require you to have an approved HACCP plan.

Settings providing care are often serving a highly susceptible population. Remember, Minnesota food code regulations about highly susceptible populations include both who they are and where they are. These requirements apply to retail food establishments, such as settings that provide services that include custodial health care, day care centers, and hospitals or nursing homes.

Retail food establishments serving the public are not considered to be serving a highly susceptible population, even when a young child, older adult or immunocompromised individual is a customer. For example, when a cancer patient eats at a restaurant with his family, that establishment does not need to comply with requirements specific to highly susceptible populations in Minnesota food code. 

Learn More

Minnesota food code requirements about highly susceptible populations are complex. If you want to learn more about how to meet the requirements:

• Contact your inspector for help with HACCP plan requirements for food establishments serving highly susceptible populations – the Local Book has contact information for all MDH and local agency inspectors.
• Watch the Food Safety Partnership recording – Highly Susceptible Populations starts at the 49-minute mark.
• Read the code – search the PDF of the rule language for “highly susceptible” to find the various parts that apply.