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Home My WebLink About2021-07-26 MN Dept of Ag - Self Service Micro Market Variance & Plan Review Information !MinDEPARTMENT OF AGRICULTURE July 26,2021 License: Pending Facility ID:55462 Andrew Huber Aramark 6667 Old Shakopee Road,#103 Bloomington, MN 55438 NOTICE OF APPROVED VARIANCE Dear Andrew Huber, On May 13,2021 you requested a variance from MN Rule 4626.0025(2-101.11)for a micro-market location.This Rule states, "The licensee shall be the person in charge or shall designate a person in charge and shall ensure that a person in charge is present at the food establishment during all hours of operation".The variance is approved. Location included in the approved variance is: License# Facility ID Facility Address Pending 55462 5909 Omaha Avenue N,Stillwater, MN 55082(Anderson CAO) Reason why the rule cannot be met(from variance application): Micro-markets are unstaffed,self-checkout retail food establishments located in office buildings that offer fresh foods, snacks, candy and bottles or canned beverages to staff for purchasing via a self-checkout kiosk.There is no company staff onsite to accept payment or monitor the operation.There is no"person in charge"as required by MN Rule 4626.0025. Products are stocked and maintenance and cleaning occur routinely.Companies operating micro markets expect them to function on an honor system,assuming customers will voluntarily pay for the goods they have selected. Proposed alternate measures that will be taken to ensure equivalent protection: • The self-service micro-market is not open to the public. • The location is equipped with a Hikvision DVR security system with Cantek bullet security cameras that record 24/7 with a minimum 14 day back up.The footage from the security cameras can be monitored for any period of time. • Self-locking coolers will be used for perishable food items.These units auto lock when the temperature inside the cooler reaches 40°F or higher for a predetermined period of time. Only a member of Aramark can release the lock and remove food if the temperature rises above 40 degrees F. • This location is serviced every day by an Aramark employee who delivers food,services equipment,checks expiration dates, cleans the area,and ensures food temperatures are 41 degrees F or below. The Minnesota Department of Agriculture is prepared to grant the variance.The variance will detail requirements for installation/setup of your micro-market.When installation is completed,a license may be issued by the MDA inspector specified in the plan approval letter.The variance will be issued with the following conditions—you must be prepared to meet all of these conditions in order for the license and variance to be issued: 1. Though granting of this variance will not require that a person in charge be present during all hours of operation,designation of a person in charge will be required.The person in charge must be able to adequately 625 ROBERT STREET NORTH,SAINT PAUL,MN 55155-2538 • 651-201-6000 or 1-800-967-2474 • WWW.MDA.STATE.MN.US In accordance with the Americans with Disabilities Act,this information is available in alternative forms of communication upon request by calling 651-201-6000.TTY users can call the Minnesota Relay Service at 711.The MDA is an equal opportunity employer and provider. July 26, 2021 Aramark Micro Market at Anderson CAO,Stillwater Page 2 of 3 demonstrate knowledge of the food operation as required by Minnesota Rule 4626.0030(2-102.11) Demonstration,when requested by the food inspector. You have indicated products are stocked and maintenance and cleaning occur routinely.The Demonstration of Knowledge may occur at that time or at a scheduled on-site visit. 2. Your business can not expand beyond its operation as retail prepackaged food store that also sells raw agricultural produce and coffee vended from a NAMA approved piece of equipment. 3. The micro-market must be located indoors only and not placed in a facility that is generally open to the public. The micro-market must remain in a limited access facility such as restricted access business office. 4. You sell and store only commercially processed prepackaged foods from an approved source.All prepackaged foods must be properly labeled and include nutritional labeling as required by 21 CFR 101 and State of Minnesota labeling laws. 5. Food preparation or serving of unpackaged foods of any type is not allowed with the exception of raw agricultural produce and coffee vended from a NAMA approved piece of equipment. 6. The refrigerated/frozen food sold in a micro-market is stored in a refrigerated cooler or freezer that: A. Maintains an internal product temperature of 41 degrees Fahrenheit or less B. Has self-closing doors. C. Allows the food to be viewed without opening the door to the refrigerated cooler or freezer;and D. Has a NAMA approved automatic self-locking feature that prevents a consumer from accessing the food upon the occurrence of any condition(including a power failure or mechanical failure)that results in the failure of the refrigerated cooler or freezer to maintain the internal product temperature of 41 degrees Fahrenheit necessary for food safety,as required by the Minnesota Food Code. E. The refrigerated cooler or freezer must be certified as meeting NSF standards. 7. Each micro-market shall have a sign readily visible from the automated payment kiosk stating: A. The name of the business responsible for the micro-market to whom complaints/comments shall be addressed. B. The address of the business responsible for the micro-market. C. The responsible business's telephone number and email or web information,when applicable. The entire contents of the sign shall be in English and may additionally be in any other prevalent language of customers. 8. Operators shall provide 24/7 video surveillance records of consumers viewing,selecting, handling,and purchasing products from the micro-market and provide sufficient resolution to identify these customers.The video surveillance must be maintained and available for inspection upon request by this department within 24 hours of request. 9. The video surveillance recordings are maintained and made available for inspection upon request by this department for fourteen (14)days after the date of the surveillance. 10. The automated self-checkout equipment used in the micro-market has the capability to match a purchase with the consumer who made the purchase. July 26, 2021 Aramark Micro Market at Anderson CAO,Stillwater Page 3 of 3 11. You must comply with any restrictions or requirements the city places on your business.This includes zoning and building code requirements. These items will be verified by your inspector during inspections.We reserve the right to revoke a variance if a Food Code change would prevent this variance,you substantially fail to comply with the conditions noted above,there is non- compliance with orders issued,or if conditions occur that could threaten public health.The variance will be issued for a term of three years(expiration date—7/26/2024);you will be required to submit a request to renew and at that time compliance for the previous year will be evaluated. If you have any questions, please contact Rick Bruecker at 651-285-8236 or Richard.Bruecker@state.mn.us. Please address any written response and renewal requests to mda.HACCP.variance@state.mn.us. Sincerely, 2021.07.26 e 13.._,.,4,<,,.. 14:21:55 -05'00' Rick Bruecker Food Standards Compliance Officer Minnesota Department of Agriculture Food & Feed Safety Division 625 North Robert Street St. Paul, MN 55155 eC: Nicole Baysal, Inspection Supervisor Adam Lewis,Area Retail Food Inspector Vonda Canaan,Area Retail Food Inspection Supervisor File DEPARTMENT OF AGRICULTURE July 26,2021 License: Pending Facility ID:55462 Andrew Huber Aramark 6667 Old Shakopee Road,#103 Bloomington, MN 55438 NOTICE OF COMPLETED PLAN REVIEW Dear Andrew Huber: The Minnesota Department of Agriculture (MDA) has completed the review of food equipment and construction plans for the Aramark Micro-Market at Anderson CAO located at 5909 Omaha Avenue N,Stillwater, MN 55082.This review was based on the plans submitted with the application, including revisions agreed upon during discussions that occurred throughout the plan review process. Please see the summary of the review below which includes any revisions or deficiencies that must be addressed prior to the pre-operational inspection and licensing.Any additional revisions must be submitted for review and approval which may delay licensing. Construction of the food establishment or remodel may now begin. When construction is complete,and all noted considerations or deficiencies are addressed please contact the area inspector to arrange a pre-operational inspection: • Adam Lewis,Adam.Lewis@state.mn.us and 651-503-6408 Ensure the inspector is provided a notice of opening at least 14 calendar days before the opening date as required by Minnesota Rule 4626.1750. Note:The newly constructed or remodeled area cannot be stocked with food before approval is received from the pre- operational inspection. Project Description: Installation of an unattended,self-checked food facility in an enclosed building,available to employees at the work location. Food service is limited to the constraints of the variance approval dated 7/26/2021. This variance may be revoked at any time that failure to comply with the noted conditions are observed by this agency. Menu: All commercially made prepackaged fresh foods, milk,yogurt,cheese sticks,wedge sandwiches,salads,veggie wraps,eggs, pickles,frozen burritos, pies, hot pockets,egg rolls,frozen entrees,frozen pizza,snacks,candy, beverages, jerky,and ice cream. Room Finish Schedule: Floor&Cove Base* Walls Ceiling Micro-market(Employee Quarry tile Ceramic tile Painted sheetrock Lunch area) *Proper cove base installation is very important. Errors in installation can be costly and may delay pre-operational inspection approval. Refer to page 6 of the"Retail Plan Review Construction Guide" (which can be found at www.mda.state.mn.us)for specific direction. 625 ROBERT STREET NORTH,SAINT PAUL,MN 55155-2538 • 651-201-6000 or 1-800-967-2474 • WWW.MDA.STATE.MN.US In accordance with the Americans with Disabilities Act,this information is available in alternative forms of communication upon request by calling 651-201-6000.TTY users can call the Minnesota Relay Service at 711.The MDA is an equal opportunity employer and provider. July 26, 2021 Aramark Micro-Market at Anderson CAO,Stillwater Page 2 of 3 Deficiencies: None Revisions Agreed Upon (to be reviewed by inspector): None Equipment Overview: All new and existing equipment submitted for use have been reviewed and approved as meeting applicable certification standards,except for items listed under Deficiencies above. Any domestic or equipment without applicable certification standards are not allowed and will be ordered out. Micro-Market Area Minus Forty Glass Door Food Cooler w/Health Timer Lock Minus Forty Glass Door Beverage Only Cooler QBD Double Glass Door Beverage Only Cooler ECRS Self-Checkout Kiosk Snack Display Shelving Cantek TN501R24 600TVL IR Bullet Cameras Hikvision Digital Video Recorder Water Heater: Existing in the facility Cabinets and Countertops: N/A Other Considerations: 1) The Cantek camera/Hikvision DVR security system must have a 14-day backup maintained.The monitor must also be recording 24 hours a day,7 days per week. 2) Ensure that all requirements from the variance approval are completed (see attached variance approval). 3) Provide a sign at the payment kiosk with pertinent contact information as required in the variance. 4) Provide an approved source for premade sandwiches,wraps,salads,and pasta salads. Products that contain meat must come from a USDA inspected facility and bear the USDA stamp. 5) No coffee machines were proposed. Only NAMA certified coffee makers are approved for use. 6) The micro-market has access to restrooms and a mop sink. The following items remain the responsibility of the establishment and are required as part of the retail food establishment licensing process. The approval of the submitted food plans does not constitute an approval for any of these items: • Ensure that all necessary permits are obtained from the local authorities.This may include: o Zoning approval from the local municipality or county administrator. • Submit plumbing plans to the Minnesota Department of Labor and Industry/local agency for review and approval prior to beginning any plumbing work. • Coordinate final construction inspections with the City of Stillwater o Building inspections: Cindy Shilts,651-430-8800 o Plumbing inspections: Cindy Shilts,651-430-8800 o Electrical inspections: Donald Edel,507-210-8233 July 26, 2021 Aramark Micro-Market at Anderson CAO,Stillwater Page 3 of 3 Be advised that the commissioner may withdraw the approval of a facility or equipment if hazards to human life exist or there is satisfactory evidence that the person to whom the approval was issued has used fraudulent or deceptive practices to evade or attempt to evade provisions of Chapter 34A. Thank you for your cooperation throughout the plan review process. Please contact me at 651-285-8236 or Richard.Bruecker@state.mn.us if you have any questions. Sincerely, 2021 .07.26 €"L"- Rick Bruecker 14:03:01 -05'00' Food Standards Compliance Officer Minnesota Department of Agriculture Food& Feed Safety Division 625 North Robert Street St. Paul, MN 55155 Initials: RB Enclosures: Retail Plan Review Construction Guide PIC Variance Letter eC: Nicole Baysal, Inspection Supervisor Adam Lewis,Area Inspector Vonda Canaan, Inspection Supervisor Cindy Shilts, Building Official File