[27 Pa.B. 2936]
[Continued from previous Web Page] § 76.4. Eligibility to apply for certification.
A person shall complete an approved certification program and obtain a score of 70% or higher on an approved certification examination to be eligible to apply to the Department for certification.
§ 76.5. Certification programs: obtaining the Department's approval.
(a) Approval required. A person shall obtain the Department's approval of a training program before the training program will be considered an approved certification program for purposes of the act and this chapter. Revisions or changes to a previously-approved certification program shall also be approved by the Department. Approval under this section authorizes a person to develop and approve certification examinations, conduct certification examinations and certify the results of certification examinations to the Department in accordance with this chapter.
(b) General requirements for approval. The Department will approve a certification program if it addresses an industry-specific category of food establishment described in § 76.3(a) (relating to requirements for food establishments), meets the food safety protection and training standards described in § 76.7 (relating to certification programs: food safety protection and training standards) and has been recommended for approval by the Advisory Board.
(c) Obtaining an application form. The Department will provide an application form for certification program approval, or an application form for approval of revisions or changes to a previously-approved certification program, upon request. Requests for these forms shall be directed to the Department at the address in § 76.16 (relating to contacting the Department).
(d) Contents: application for certification program approval. The application form for certification program approval shall require the following information:
(1) The applicant's name, address and telephone number.
(2) A course syllabus demonstrating that the program would meet the minimum content requirements in § 76.7 (relating to certification programs: food safety protection and training standards).
(3) The industry-specific category of food establishment, as described in § 76.3(a) (relating to requirements for food establishments), to be addressed by the certification program.
(4) A copy of the examination to be administered at the conclusion of the certification program, together with an answer key for that examination, if these documents are available.
(5) A copy of all teacher materials for the certification program, unless the certification program is a home-study program.
(6) A copy of all materials to be distributed to persons taking the program.
(7) The proposed sites and dates of the certification program, if known, unless the certification program is a home-study program.
(8) If the certification program is a home study program, the proposed site and date the approved certification examination is to be administered.
(9) Other information the Department might reasonably require.
(e) Contents: application for approval of changes or revisions to a previously-approved certification program. The application form for approval of changes or revisions to a previously-approved certification program shall requires the applicant's name, address and telephone number and only information listed in subsection (d) that is relevant to the change or revision with respect to which approval is sought.
(f) Deadline for filing the application. An application for certification program approval or for approval of changes or revisions to a previously-approved certification program shall be delivered to the Department, at the address in § 76.16 (relating to contacting the Department), at least 90 days in advance of the proposed date upon which the program is to be conducted.
(g) Departmental and Advisory Board action on application. The Advisory Board will consider whether to recommend Departmental approval of a certification program. If the majority of a quorum of the Advisory Board recommends Departmental approval of a certification program, the Department will grant its approval, if the other criteria in subsection (b) are met. The Department will mail the applicant its written approval of the certification program, its denial of approval or a request for additional clarification or documentation.
§ 76.6. Certification programs: audit by Department.
The Department may attend and audit an approved certification program to ascertain whether the program is conducted in accordance with the requirements of the act and in conformity to the program syllabus. A person offering or conducting an approved certification program shall allow the Department's auditors entry to the program and provide copies of course materials.
§ 76.7. Certification programs: food safety protection and training standards.
(a) Overview of topics. As described in detail in subsections (b)--(h), a training program shall contain instruction in the following topics:
(1) Foodborne illness
(2) Time and temperature
(3) Relationship between personal hygiene and food safety
(4) Food safety tracking system
(5) Cleaning and sanitizing
(6) Facilities and equipment layout
(7) Statutory and regulatory requirements
(b) Topic: foodborne illness. A portion of the instruction in a training program shall pertain to the topic of foodborne illness. This instruction shall address the following:
(1) Terms and definitions necessary to an understanding of foodborne illness. At a minimum, this shall include the following terms:
(i) Bacteria.
(ii) Communicable disease.
(iii) Confirmed disease outbreak.
(iv) Fungi.
(v) Potentially hazardous foods.
(vi) Infection.
(vii) Intoxication.
(viii) Parasite.
(ix) Pathogenic organism.
(x) Time and temperature.
(xi) Virus.
(2) Microorganisms that commonly cause foodborne infection or intoxication.
(3) The process by which microorganisms cause foodborne illness.
(4) The definition, characteristics and recognition of potentially hazardous foods.
(5) Factors that contribute to foodborne illness.
(6) Prevention of food contamination from employes, equipment, premises, utensils and consumers.
(7) Prevention of food contamination from chemicals.
(c) Topic: time and temperature. A portion of the instruction in a training program shall pertain to the topic of time and temperature. This instruction shall address the following:
(1) Terms and definitions necessary to an understanding of time and temperature requirements. At a minimum this shall include the following terms:
(i) Bacteria growth.
(ii) Contamination.
(iii) Critical control point.
(iv) Critical item.
(v) Cross-contamination.
(vi) Food contact surface.
(vii) Hermetically sealed container.
(viii) Lag phase.
(ix) Log phase.
(x) Ready-to-eat foods.
(xi) Reduced oxygen packing.
(xii) Slacking.
(xiii) Temperature danger zones.
(xiv) Water activity.
(xv) Emerging pathogens.
(2) Prime factors which control the growth, survival and toxin production rate of pathogenic microorganisms in food during receiving, storing, cooking, thawing, cooling, preparation, holding/displaying, serving, freezing, transporting, reheating and storing after production.
(3) The types, uses and calibration of food thermometers.
(4) Proper food temperatures during refrigeration, freezing, cooling, hot holding, cooking, reheating, thawing and preparation.
(d) Topic: relationship between personal hygiene and food safety. A portion of the instruction in a training program shall pertain to the topic of the relationship between personal hygiene and food safety. This instruction shall address the following:
(1) Terms and defintions necessary to an understanding of the relationship between personal hygiene and food safety. At a minimum this shall include the following terms:
(i) Asymptomatic.
(ii) Escherichia coli.
(iii) Hepatitis A infection.
(iv) Highly susceptible group.
(v) Pathogenic organism.
(vi) Salmonella enteritidis.
(vii) Staphylococcus.
(viii) Transmissible.
(2) Prevention of food contamination by food establishment employe, including the following subjects:
(i) Handwashing techniques and frequency.
(ii) Relationship of hand contact to foodborne illness.
(iii) Contamination by poor hygienic practices such as sneezing, coughing and scratching.
(iv) Clothing.
(v) Fingernails.
(vi) Eating, drinking or using tobacco.
(vii) Hair restraint.
(viii) Animals in the workplace.
(3) Employe health, including the following subjects:
(i) Infections or diseases which can be transmitted by open wound, sinus infection, virus or sore throat.
(ii) Identifying employes who may transmit infection or disease.
(iii) High risk groups.
(iv) Imposition and removal of employe exclusions and restrictions.
(v) Mandatory and voluntary reporting of foodborne illness.
(4) Preventive measures such as training, written cleaning and sanitation schedules and procedures, self-inspection, integrated pest management and preventative maintenance.
(e) Topic: food safety tracking system. A portion of the instruction in a training program shall pertain to the topic of food safety tracking systems. This instruction shall address the following:
(1) Terms and definitions necessary to an understanding of a food safety tracking system. At a minimum this shall contain the following terms.
(i) Adulteration.
(ii) Contamination.
(iii) Critical control point.
(iv) Cross-contamination.
(v) HACCP or Hazardous Analysis Critical Control Point.
(vi) Product protection.
(2) Receiving food, including the following subjects:
(i) Approved sources.
(ii) Condition of food.
(iii) Thermometers and temperature checks.
(iv) Rejection for adulteration, temperature violations, distressed merchandise or condition of carrier.
(3) Safe storage of food, including the following subjects:
(i) Dry storage temperature and practices.
(ii) Refrigeration and freezing holding temperatures and product protection.
(iii) Shelf life.
(iv) Cross-contamination and adulteration.
(v) Product protection in retail service/display areas and storage areas.
(vi) Product labeling.
(vii) Labeling of poisonous or toxic materials.
(viii) Original containers.
(ix) Working containers.
(x) Food storage prohibitions, including locker rooms, toilet rooms, garbage rooms and under sewer lines.
(4) Preparation and processing of food, including the following subjects:
(i) Personal hygiene.
(ii) Practices regarding disposable gloves.
(iii) Contamination by chemical or physical additives.
(iv) Cross-contamination.
(v) Equipment/utensils.
(vi) Hazards to humans in using equipment.
(vii) Machine guards, slicer blades and protective light shields.
(viii) Corrective actions.
(ix) Potentially hazardous foods.
(x) HACCP.
(xi) Critical control point.
(f) Topic: cleaning and sanitizing. A portion of the instruction in a training program shall pertain to the topic of cleaning and sanitizing. This instruction shall address the following:
(1) Terms and definitions necessary to an understanding of cleaning and sanitizing procedures. At a minimum this shall contain the following terms:
(i) Adulteration.
(ii) Air dry.
(iii) Bleach.
(iv) CIP.
(v) Cleaning.
(vi) Contamination.
(vii) Cross-contamination.
(viii) Detergent.
(ix) Easily cleanable.
(x) Food contact surface.
(xi) Nonfood contact surface.
(xii) pH.
(xiii) ppm.
(xiv) Sanitization.
(xv) Test strips.
(xvi) Warewashing.
(xvii) Quaternary ammonium compound.
(2) MSDS Fact sheets.
(3) Proper use of hot water or chemicals in sanitizing.
(4) The difference between cleaning and sanitizing.
(5) Types of sanitizers, their usage and the use of test strips.
(6) Detergents.
(7) Procedures to wash-rinse-sanitize.
(8) The frequency with which food contact surfaces, utensils, equipment and nonfood contact surfaces should be sanitized.
(9) Equipment.
(10) Manual warewashing.
(11) Mechanical warewashing.
(12) The proper use of cleaning methods such as air drying, wiping cloths, CIP and water temperature.
(g) Topic: facilities and equipment layout. A portion of the instruction in a training program shall pertain to the topic of facilities and equipment layout. This instruction shall address the following:
(1) Terms and definitions necessary to an understanding of the proper layout of equipment and facilities. At a minimum this shall contain the following terms:
(i) Air gap.
(ii) Backflow device.
(iii) Cleanability.
(iv) Potable water.
(v) Handwash sink.
(vi) Plan review.
(2) Proper equipment design and location.
(3) Construction of floors, walls and ceilings.
(4) Design of equipment such as refrigeration, hot holding, heating, ventilation, pest control, lighting and freezer equipment and design of the buildings in which the equipment is located.
(5) Acceptable water sources, water quality and quantity and water distribution systems.
(6) Plumbing design, construction, location, materials and operation.
(7) Management of solid and liquid waste, recyclables, refuse and returnable.
(8) Review of plans for equipment and building lay-out and design.
(h) Topic: statutory and regulatory requirements. A portion of the instruction in a training program shall pertain to the topic of statutory and regulatory requirements. This instruction shall address the following:
(1) Terms and definitions necessary to an understanding of the requirements imposed by the act and this chapter. At a minimum this shall contain the following:
(i) The act.
(ii) The certificate.
(iii) The certified supervisory employe.
(2) Statutes and regulations relevant to the industry-specific category of food establishment that is the subject of the approved certification program.
§ 76.8. Format of a certification examination.
Although it is recommended that a certification examination consist of no fewer than 100 questions, under no circumstances may a certification examination consist of fewer than 80 questions. These questions shall be multiple choice questions, true or false questions or a combination thereof that adequately test food protection knowledge with respect to an industry-specific category of food establishment described in § 76.3(a) (relating to requirements for food establishments).
§ 76.9. Reporting results of a certification examination.
A person who proctors a certification examination shall, within 20 days of proctoring the examination, mail or deliver to any person who took the examination written confirmation of that person's examination score, the date and location of the examination and the industry-specific category of food establishment addressed in the examination. The examination score shall be expressed as the percentage of correct answers. Within that same 20-day time period the proctor shall mail the same information to the Department at the address in § 76.16 (relating to contacting the Department), using a form provided by the Department upon request.
§ 76.10. Applying for certification.
(a) Application required. A person who has attained a score of 70% or higher on a certification examination may apply to the Department for certification. Certification is granted through issuance of the certificate described in § 76.11 (relating to certificate).
(b) Form of application. A person seeking certification under the act may obtain an application form from the Department at the address in § 76.16 (relating to contacting the Department). The applicant shall complete the form and return it to that same address. The application form shall require the following information:
(1) The name and mailing address of the person seeking certification.
(2) The location and dates of any approved certification program completed by the person seeking certification.
(3) The location and date of the certification examination.
(4) The industry-specific food establishment category (as described at § 76.3(a) (relating to requirement for food establishments)) with respect to which certification is sought.
(5) Other information the Department might reasonably require.
(c) Application fee. A person applying for certification under this section shall pay an application fee of $20, by check or money order made payable to the ''Pa. Department of Agriculture.'' This payment shall accompany the application.
(d) Department action on application. The Department will, within 20 days of receiving an application and the application fee, mail the applicant a certificate, a disapproval notice or a request for additional clarification or documentation.
§ 76.11. Certificate.
(a) Contents of certificate. A certificate will bear the following information:
(1) The name of the person to whom it is issued.
(2) The industry-specific category of food establishment category, as described in § 76.3(a) (relating to requirement for food establishment), with respect to which the person is certified.
(3) The date upon which the certificate was issued.
(4) The expiration date of the certificate, which shall be 5 years from the date of issuance.
(5) A unique identification number.
(6) A statement that the Department has determined the person identified on the certificate to possess adequate food protection knowledge and to be a certificateholder with respect to the industry-specific category of food establishment designated on the certificate.
(7) Other information the Department might reasonably include.
(b) Ownership of certificate. A certificate issued by the Department will remain the property of the Department. A certificateholder, certified supervisory employe, food establishment or other person having physical possession of a certificate shall, upon written notice from the Department, surrender and return the certificate to the Department.
(c) Obligation to allow display. A certified supervisory employe shall allow his employer to display the certificate issued by the Department, as required in § 76.3(g). Upon termination of a certified supervisory employe's employment, the employer shall surrender the certificate to the certificateholder named on the certificate.
§ 76.12. Renewal of certification.
(a) General requirement. A certificateholder shall obtain at least 7.5 hours of approved continuing education in the area of food safety and sanitation every 5 years, commencing with the date the certificate is issued. An approved continuing education course will not require a written examination as a condition of completion. If a certificateholder fails to obtain this approved continuing education and deliver a complete certification renewal application to the Department prior to the expiration date of the certificate, the certificate shall expire and the certificateholder shall successfully complete an approved certification program and a certification examination before certification will be granted.
(b) Application for renewal. A person seeking renewal of certification under this section may obtain an application form from the Department at the address in § 76.16 (relating to contacting the Department). The applicant shall complete the form and return it to that same address. The form shall require the following information:
(1) The name and mailing address of the applicant.
(2) Copies of course descriptions, course-completion certificates, college course transcripts and descriptions and similar documentation to evidence compliance with the requirement in subsection (a).
(3) The industry-specific food establishment category, as described in § 76.3(a), with respect to which the applicant is certified.
(4) The identification number and expiration date of the certificate.
(5) Other information the Department might reasonably require.
(c) Departmental action on application. The Department will, within 30 days of receiving an application, mail the applicant a certificate (as described in § 76.11(a) (relating to certificate)), its denial of renewal of certification or a request for additional clarification or documentation.
§ 76.13. Obtaining Departmental approval of a continuing education course.
(a) Approval required. A person shall obtain the Department's approval of a continuing education course before the course will be considered an approved continuing education course for purposes of § 76.12 (relating to renewal of certification). Revisions or changes to a previously-approved continuing education course shall also be approved by the Department.
(b) General requirements for approval. The Department will approve a continuing education course if it instructs participants in current food protection practices and has been recommended for approval by the Advisory Board.
(c) Application for approval. A person seeking the Department's approval of a continuing education course under this section may obtain an application form from the Department at the address in § 76.16 (relating to contacting the Department). The applicant shall complete the form and return it to that same address. The form shall require the following information:
(1) The name and mailing address of the applicant.
(2) A course syllabus demonstrating that the course addresses regulatory or food industry changes, updates or advancements.
(3) A copy of teaching materials for the course.
(4) A copy of materials to be distributed to persons taking the course.
(5) The proposed sites and dates of the course.
(6) Other information the Department might reasonably require.
(d) Departmental and Advisory Board action on application. The Advisory Board will consider whether to recommend Departmental approval of the continuing education course. If the majority of a quorum of the Advisory Board recommends Departmental approval of a continuing education course, the Department will grant its approval, if the other requirements of subsection (b) are met. The Department will mail the applicant its written approval of the continuing education course, its denial of approval or a request for additional clarification or documentation.
§ 76.14. Reciprocity with other states.
The Department may accept certification issued to a person by another state if both of the following occur:
(1) The other state has requirements for certification that are comparable to those imposed by the act.
(2) The Department and the other state jurisdiction have entered into a reciprocal agreement to accept each state's certification program as meeting the requirements of the act.
§ 76.15. Suspension or revocation of certification.
(a) Basis for action. The Department may suspend or revoke the certification of a certificateholder if that person does one or more of the following:
(1) Violates a provision of this chapter.
(2) Violates another sanitation regulation.
(3) Violates the Public Eating and Drinking Place Law or its attendant regulations.
(4) Violates the Food Act or its attendant regulations.
(b) Notice. The Department will provide a certificateholder with written notice of its intention to suspend or revoke certification, which will afford that person notice and opportunity for an administrative hearing before the Department prior to the effective date of the suspension or revocation.
(c) Delivery of notice. The Department will deliver the notice described in subsection (b) to the affected certificateholder by personal service or by regular mail to the address provided by the certificateholder on his application for certificate under § 76.10 (relating to applying for certification).
§ 76.16. Contacting the Department.
A person seeking applications or information relating to the act or this chapter shall forward his request, in writing, to the following address:
ATTN: Food Employe Certification
Department of Agriculture
Bureau of Food Safety and Laboratory Services
2301 North Cameron Street
Harrisburg, PA 17110-9408§ 76.17. Preemption and local governmental authority.
(a) General. The regulation of food safety protection and training standards for employes of food establishments is preempted by the Department except that, in accordance with section 6503(f) of the act (relating to certification advisory board and programs), any food employe certification program established by a county, city, borough or incorporated town or township prior to September 1, 1994, may remain in effect.
(b) Limitation of local certification. If a county, city, borough, incorporated town or township elects to operate a food employe certification program that was in existence prior to September 1, 1994, the certification of persons under that local program shall be valid only within the geographic boundaries of that local government unit. This program validity may be extended to other states or local government units through reciprocal agreements among other states or local government units which operate food employe certification programs that predate September 1, 1994.
(c) Option of certain local government units. A county, city, borough, incorporated town or township having a food employe certification program which was in effect prior to September 1, 1994, may, at its option, apply to the Department in accordance with the procedure in § 76.5 (relating to approved certification programs: obtaining the Department's approval) to become an approved certification program with respect to one or more industry-specific categories of food establishments.
(d) Effect of a local government unit's decision with respect to exercising option. If a county, city, borough, incorporated town or township having a food employe certification program which was in effect prior to September 1, 1994, does not exercise the option described in subsection (c) or does not obtain Departmental approval of its certification program with respect to any particular industry-specific category of food establishment, the unit of local government shall retain exclusive responsibility for certification of the food employes who would otherwise fall into that industry-specific category.
§ 76.18. Advisory Board.
(a) Purpose. The Advisory Board shall review and recommend Departmental approval of industry-specific certification programs which meet the requirements of the act and this chapter.
(b) Composition. The Advisory Board will be appointed by the Secretary and consist of at least 21 members. The membership of the Advisory Board will be as follows:
(1) The Secretary, or a designee, who will serve as chairperson.
(2) The Chairperson of the Agriculture and Rural Affairs Committee of the Senate, or a designee.
(3) The Chairperson of the Agriculture and Rural Affairs Committee of the House of Representatives, or a designee.
(4) The Minority Chairperson of the Agriculture and Rural Affairs Committee of the Senate, or a designee.
(5) The Minority Chairperson of the Agriculture and Rural Affairs Committee of the House of Representatives, or a designee.
(6) A consumer representative.
(7) Two representatives of production agriculture.
(8) At least one person recommended by each of the following:
(i) Pennsylvania Association of Milk Dealers.
(ii) Pennsylvania Restaurant Association.
(iii) Pennsylvania Food Merchants Association.
(iv) Pennsylvania Convenience Store Council.
(v) Pennsylvania Bakers Association.
(vi) Pennsylvania Food Processors Association.
(vii) Pennsylvania Veterinary Medical Association.
(viii) County Commissioners Association of Pennsylvania.
(ix) Pennsylvania League of Cities and Municipalities.
(x) Pennsylvania State Association of Boroughs.
(xi) Pennsylvania State Association of Township Commissioners.
(xii) Pennsylvania State Association of Township Supervisors.
(xiii) Pennsylvania School Food Service Association.
(9) At least one of the Advisory Board members described in paragraph (8) shall have experience in the field of public health.
(c) Terms of appointees. Advisory Board members described in subsection (b)(1), (2), (3), (4) or (5) shall be ex officio members. The terms of the initial appointees of the Secretary under subsection (b)(6)--(8) will be 2, 3 or 4 years, as determined by the Secretary, and will be staggered so that the terms of approximately 1/3 of these initial appointees expire in each of the 2nd, 3rd and 4th years of the Advisory Board's existence. Thereafter, the term of each of these appointees shall be 3 years. The term of a person appointed to replace another member whose term has not expired shall be only the unexpired portion of that term. Persons may be appointed to successive terms.
§ 76.19. Civil penalties.
(a) General. The Department may assess a civil penalty of up to $300 against any person or food establishment that violates any provision of the act or this chapter for the first offense. The Department may assess a penalty of up to $1,000 for each subsequent offense.
(b) Notice. The Department will provide a person or food establishment written notice of any violation of the act or this chapter and an opportunity for an administrative hearing on the violation prior to the imposition of a civil penalty.
(c) Time for correction of condition giving rise to civil penalty. If the Department assesses a civil penalty against a food establishment for failing to have the required certified supervisory employe, it will allow the food establishment a period of 90 days from the violation giving rise to the initial civil penalty before it may assess another civil penalty. During that 90-day period, the food establishment shall bring itself into compliance with the act and this chapter.
[Pa.B. Doc. No. 97-977. Filed for public inspection June 20, 1997, 9:00 a.m.]
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