Via The Primalfoot Alliance comes a pointer to a story from last September in Corpus Christi in which the Health Department initiated an inspection of a restaurant because one of their employees was photographed after having taken her shoes off.
Even the Health Department doesn’t know its own rules.
Here’s the story: Shoeless Restaurant Worker Leads to Surprise Inspection at Furrs Cafeteria on Port Ave..
It is short enough that I will just quote the whole thing:
CORPUS CHRISTI – A picture of an employee without shoes led to a surprise inspection at Furrs Cafeteria on Port Avenue.
An Action 10 News viewer was dining at the restaurant on Sunday when he spotted an employee behind the counter take off her shoes. He took a picture of the shoeless employee and he contacted the City-County Health department who sent out an inspector this afternoon.
The Health Department tells us the manager and assistant manager told the inspector all employees have been told to keep their shoes on. They also assured that they will make sure all their workers will keep their shoes on at all times.
There is also a picture:
Shoeless Employee at Furrs Cafeteria
In it, we can see that she is not even barefoot, but wearing socks.
So, what was the offense?
None.
If you look at Food Codes, most of the states model theirs on the FDA Food Code, which say a lot about personal cleanliness, when gloves must be worn, covering the hair, and frequent hand-washing. But when it comes to clothing, here is all it says:
Outer Clothing
2-304.11 Clean Condition.
Food employees shall wear clean outer clothing to prevent contamination of food, equipment, utensils, linens, and single-service and single-use articles.
That’s it. What one is or is not wearing on one’s feet is totally unrelated to contamination of anything food related. As I’ve said before, feet do not emit magic death rays.
The Texas Food Code is here. It’s §229.163(m) says
Outer clothing clean condition. Food employees shall wear clean outer clothing to prevent contamination of food, equipment, utensils, linens, and single-service and single-use articles.
Again, no prohibition on bare feet (or feet in socks).
The TV station just ignorantly thought being stockinged was a violation and called it in. And then the ignorant Health Department not only didn’t set them straight, but they too thought it was a violation.
Don’t they even know the rules they are supposed to enforce????
This seems to be just another of those myths, like that barefoot driving is illegal (it’s not), or that customers have to wear shoes (they don’t), that just keep getting perpetuated. In fact, one of the comments on The Primalfoot Alliance’s facebook feed said
Whether it should or should not be o.k. for employees to be barefoot, I do know that it is in the health code regulations in my state and, therefore, enforceable.
That sounds to me just like all the stuff I’ve heard from people claiming that barefoot driving is illegal in their state.
I checked quite a few states, and all of them are based on the FDA Food Code, with some minor variations in wording.
For instance, in Ohio
OAC 3717-1-02.2(H). Outer clothing – clean condition.
Food employees shall wear clean outer clothing to prevent contamination of food, equipment, utensils, linens, single-service articles, or single-use articles.
In Kansas and Delaware:
Outer Clothing 2-304.11 Clean Condition.
FOOD EMPLOYEES shall wear clean outer clothing to prevent contamination of FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES.
Florida and Massachusetts use the FDA Food Rules directly in regard to outer clothing.
In New York:
Section 271-3.4 Clothing.
(a) Employees shall wear clean outer clothing.
(b) Employees shall use effective hair restraints where necessary to prevent the contamination of food or food-contact surfaces.
In Illinois:
Section 750.520 General – Clothing
a) The outer clothing of all employees shall be clean.
b) Employees shall use effective hair restraints (such as hats, hair coverings or nets, beard restraints, and clothing that covers body hair) that are designed and worn to effectively keep their hair from contacting exposed food; clean equipment, utensils and linens; and unwrapped single-service and single-use articles.
There is nothing in any of these things about shoes or even about wearing footwear. There is nothing that even implies that footwear must be worn.
Yet, this seems to be another of those myths that just live on for no good reason. Hopefully, I’ve given you some information to debunk it.
This reminds me of a conversation, (actually an argument) that took place on a restaurant internet message board sometime in the late 1990s. Some restaurant owner in the Bronx said he would never let anyone in without shoes. And when some people pointed out there were no health codes regarding what customers wear in restaurants, he said there does not need to be a specific statute. He said the health inspector would give him a violation under a general category. He even claimed that he spoke to the health inspector about that, and that there are many things that do not have a specific statute or mention in the health code that the inspector can use his own discretion for, and that most health inspectors would see barefoot customers as a violation. This argument went back and forth for weeks with no obvious resolution.
But then there’s always OSHA.
It’s just proof that the media has a tendency to over-hype things and never check the facts. I think OSHA does require restaraunt employees to wear shoes at all times but again, you have to check the FDA health codes in your state to see if employees are required to wear shoes.
No, OSHA does not specifically require shoes. Yes, it does have the general duty clause, but if there are no specific hazards, then barefoot is fine. However, expect OSHA to obfuscate if you ask them, as they did here with me.
Also, let me remind you that I did check the health codes in many states, and didn’t find any that required shoes. And, as I said, the state’s rules are based on the FDA rules. So, I really doubt there is a state that has a rule (but if somebody wants me to check a specific state I can do so and let you know). There is also the possibility of a local governmental body having a rule. There, there is enough ignorance and non-professionals that I wouldn’t be surprised to find one somewhere (just as Lexington, MA is a rarity in having a rule requiring customers to wear shoes in public buildings).
What about the “International Food Safety Council” – it has an adhesive sign on Sweetbay supermarkets that includes it’s logo, (committed to food safety education) and “no pets” “footwear required” “shirt required” and “no smoking” on that same door sign. They are connecting all that with “food safety”, So to the average person it just looks so official and serious. But a quick check on the internet provides very little information on what they are, and it seems hard to tell what influence they have or do not have, or why anyone should pay attention to what they say. And who made that sign, and why? Did the supermarket ask them to make it? Do thay mass produce these signs give them out to businesses? I wonder what generated this and why…
Beach Bum: It took me a while to dig this out. The “International Food Safety Council” no longer exists. They used to have the domain http://www.foodsafetycouncil.org. But even then, as they put it:
They were an arm of the National Restaurant Association Educational Foundation. So no wonder why they had no problem perpetuating the myths.
And now the irony…yesterday, as I drove through the parking lot of one of those supermarkets, I saw a young man, about 20, walk out of it barefoot, carrying a bag of groceries…..
I don’t know about the other supermarket chains around the country but the ones in my part of Florida, Publix, are definetly not-barefoot friendly. Outside their doors they have their “Shoes required” signs. I looked at the Florida Dept. of Health response to SBL’s request if there are any rules requiring customers to enter an retail or eating establisthment barefoot and they have no rules requiring people to wear shoes.
I’ve been in the Publix in Bradenton (out east on Manatee Rd) numerous times barefoot, and never had a problem. From what I hear from others, Publix has the sign, but rarely, if ever, enforces it.
I have been in my local Publix (palm Bay, FL.) barefoot with no problems, they also have the signs but don’t enforce them. I guess its a geography thing.