[29 Pa.B. 5069]
[Continued from previous Web Page] Comment: The PRA presented a factual situation which drives its suggestion that proposed § 76.14 (relating to reciprocity with other states) be revised. Under that section, the Department would accept certification issued by another state if the other state has a similar food employe certification program and that state and the Department have a reciprocal agreement in this regard.
The PRA presented the following scenario: A restaurant chain has multiple units in many states, and trains its managers at a central training facility outside this Commonwealth using the ''ServSafe'' training program of the Educational Foundation of the National Restaurant Association. If the state at which the training facility is located does not, itself, have both a food employe certification program and a reciprocity agreement with the Department, the proposed language of § 76.14 would prohibit those managers from going to work in this Commonwealth and having their certification be accepted in this Commonwealth because the residual training state did not require certification.
Response: The basic requirements of § 76.14 of the final-form regulations are prescribed by section 6506 of the act.
In addition, the Department believes the commentator might be confusing reciprocity with eligibility to apply for certification in this Commonwealth. Under the factual situation the commentator relates, a manager who successfully completes the ''ServSafe'' program out-of-State is free to apply for certification in this Commonwealth, as long as the ''ServSafe'' program is an approved certification training program. The fact that the state in which the training occurs does not have reciprocity with the Commonwealth under § 76.14 of the final-form regulations does not limit or prohibit a person who has successfully completed an approved certification training program in another state from applying for certification under the act. The Department has not implemented the commentator's suggested revision.
Comment: The CCHD offered the general comment that proposed § 76.14 should be combined with proposed § 76.17 (relating to preemption and local governmental authority).
Response: The Department declines to combine these two sections. The act treats the subject matter of these two sections separately, as well. Preemption is addressed in section 6503(c) of the act. Reciprocity is addressed in section 6506 of the act.
Comment: IRRC and the PRA suggested proposed § 76.15 (relating to suspension or revocation of certification) be revised to address the procedure by which revoked or suspended certificates would be reinstated.
Response: The Department accepts this suggestion, and has implemented it by adding § 76.15(d) to the final-form regulations. That new subsection provides for automatic reinstatement of a suspended certificate if the suspension period ends before the expiration date printed on the certificate. If the expiration date for the certificate occurs during the period of suspension, though, the affected person shall reapply for certification after the suspension period. If a certificate is revoked, the revoked certificate will not be reinstated and the affected person shall reapply for certification at the end of the revocation period.
Comment: Giant Foods noted that proposed § 76.15(a) would provide that ''the Department may suspend or revoke the certification of a certificateholder if that person does one or more of the following . . .'', and suggested this provision be revised to only allow revocation or suspension when a certificateholder repeatedly performs one or more of the violations described in proposed §§ 76.15(a)(1)--(4).
Response: The Department declines to implement this suggestion in the final-form regulations. As written, § 76.15 affords the Department a measure of discretion in deciding whether to suspend or revoke certification. The provision reads that the Department may suspend or revoke certification under some circumstances. The Department believes there are food safety violations that might justify suspension or revocation of a certificate the first time they occur, and believes it must preserve the option to take action against a certificateholder when such a violation occurs.
Comment: The House Committee suggested that proposed § 76.17 be reworded to explain more fully the complimentary relationship between State and local authorities, and characterized this relationship as essential to the success of food employe certification efforts Statewide.
Response: The Department believes § 76.17 of the final-form regulations addresses the full extent of the interplay between the Department and local food employe certification programs that predate September 1, 1994. These local food employe certification programs are free to operate within the boundaries of their respective local government units. A local government unit with its own pre-September 1, 1994 food employe certification program may make reciprocal agreements with other local government units. If a local government unit with its own pre-September 1, 1994 food employe certification program wants its certified food employes to be accepted Commonwealthwide, though, that program's training certification program would have to be approved by the Department and the Advisory Board in accordance with the act and the regulations.
Comment: The ACHD expressed the opinion that a food certification program offered by local health units should be accepted Statewide if the course is comparable to those approved by the Department and the Advisory Board in accordance with the act. The commentator also recommended proposed § 76.17 be revised to allow for reciprocal agreements between local health units and the Department.
Response: The Department declines to implement this recommendation. Section 6503(e) and (f) of the act carves out a rather narrow exemption for certain local food employe certification programs established prior to September 1, 1994. The Department believes that the local food employe certification training program standards of an exempt county, city, borough, incorporated town or township should not be accepted outside that local government unit unless the local government unit applies to the Department and receives approval of its certification training program in accordance with the act and the regulations. If this occurs, a person who successfully completes the Department-approved certification training program (and meets the other requirements of the act and the regulations) can apply to the Department for a certificate.
Comment: The CCHD commented that proposed § 76.17(d) was confusing and repetitive, and should be deleted.
Response: The Department disagrees, and has retained the referenced provision in the final-form regulation. The referenced subsection attempts to clarify the responsibilities of local government units that retain exclusive responsibility for food employe certification within their jurisdictions.
Comment: The CCHD reviewed proposed § 76.18 (relating to Advisory Board) and suggested that the composition of the Advisory Board establishes an imbalance between industry-political interests and public health interests in favor of the former. The ECHD and Radnor Township offered similar comments. The HRC proposed adding at least seven positions to the Advisory Board: three persons with adult education/food manager training, two persons with medical backgrounds and two persons with public health backgrounds. Representative Wright proposed that at least six Advisory Board members have medical backgrounds and that at one of these six should be associated with Pennsylvania State University,
Response: Section 76.18 of the final-form regulations restates the Advisory Board composition prescribed in section 6503 of the act. The Department notes, though, that the referenced section of the act allows for at least one person from the large list of food service, governmental and public health organizations in section 6503(a)(5) of the act to be members of the Advisory Board. Section 76.18(b)(8) of the final-form regulations restates this, and allows for at least one representative from each of the groups listed in § 76.18(b)(8)(i)--(xiii). The Department will consider all of the comments received on this subject as it assembles the Advisory Board. If the Department perceive a need to have more than one Advisory Board members from any of these designated interests, it may do so.
Comment: IRRC and the CCHD noted that the proposed rulemaking does not impart any authority or obligation upon a certified supervisory employe to implement food safety measures or otherwise implement his food safety training in the food establishment at which the certified supervisory employe is employed. IRRC expressed concern that the certified supervisory employe will not be effective in protecting the public health if the employe is powerless to implement food safety measures, and recommended the Department clarify the extent of the certified supervisory employe's responsibilities and authority. The House Committee offered a similar comment, and asked for clarification of the extent to which the regulation requires certified supervisory employes to implement their food safety training in the workplace. The House Committee raised its question in the context of its consideration of proposed § 76.19 (relating to civil penalties).
The House Committee also noted that proposed § 76.19 would allow for the imposition of a civil penalty upon any ''person or food establishment'' that violates the act or a regulation, and asked for clarification of the circumstances under which a civil penalty might be imposed.
Response: Although the act requires most food establishments in this Commonwealth to have at least one certified supervisory employe by July 1, 2001, it does not require that these certified supervisory employes make any specific use of their food safety training in the workplace. Food establishments are regularly inspected by the Department or local authorities, or both, and can be prosecuted for food safety and sanitation violations. In addition, sanitation problems can cost a food establishment business. A food establishment with a certified supervisory employe, trained in food safety and sanitation in accordance with the act, has a built-in interest in availing itself of the food safety and sanitation knowledge of that certified supervisory employe. Against this backdrop, the Department declines to revise the final-form regulation to impart upon certified supervisory employes duties or responsibilities that are not prescribed by the act.
Section 76.19 of the final-form regulations allows for the imposition of civil penalties, but this remedy is in addition to any other remedy available at law, in accordance with section 6508 of the act. As stated, the Department inspects food establishments and has statutory authority under which to prosecute persons for violations of food safety and sanitation standards. The Department does not expect civil penalty provisions to be a frequent occurrence, since the Department can, in most cases, proceed with a criminal prosecution at less cost. It is likely a civil penalty would be more commonly sought with respect to technical violations of the procedures or requirements of the regulations, rather than violations that more directly affect public health and safety.
Comment: IRRC offered the general recommendation that the Department revise the final-form regulations by deleting the phrase ''other information the Department might reasonably require,'' as it appears in proposed §§ 76.5(d)(9), 76.11(a)(7), 76.12(b)(5) and 76.13(c)(6). In each instance, the phrase is used to afford the Department some discretion to require additional information necessary to a decision.
Response: Although the Department declines to implement this recommendation, it has revised the referenced paragraphs in the final-form regulations to fine-tune the purpose for which additional information might be required. The Department has made similar revisions in the most recent regulations it promulgated in Title 70--the regulations required under the Consolidated Weights and Measures Act 3 Pa.C.S. §§ 4101--4149 (relating to Consolidated Weights and Measures Act). The Department believes it important to retain a measure of flexibility and discretion, but agrees that the other information language should be narrowed as it has been in the final-form regulations.
Fiscal Impact
Commonwealth The final-form regulations will not impose any costs on the Commonwealth or have any fiscal impact upon the Commonwealth beyond those costs and fiscal impacts imposed by the act itself. The act requires the Department devote employe time to the review of proposed training programs, the keeping of required records and other functions. Although the Department will inspect food establishments for compliance, employes of the Department are already charged with the responsibility to inspect and license food establishments. The addition of the inspection responsibilities imposed by the act will not appreciably increase the Department's costs.
Political Subdivisions The final-form regulations will impose no costs and have no fiscal impact upon political subdivisions.
Private Sector The final-form regulations will not impose costs or other adverse fiscal consequences beyond those imposed by the act itself. In accordance with the act, most food establishments in this Commonwealth will have to ensure that they employ at least one certified supervisory employe. Although the food establishment might impose the cost of necessary training on the supervisory employe, it is more likely the food establishment, itself, would absorb these costs.
General Public The final-form regulations will impose no costs and have no fiscal impact upon the general public. Although food establishments might incur some costs in obtaining certification for a supervisory employe, these costs are expected to be modest. In view of this expectation, and the fact that certification is valid for 5 years at a time, it is not likely any costs imposed by the act will measurably impact upon consumers.
Paperwork Requirements
The act requires that the Department issue certificates to supervisory employes who successfully complete an approved certification training program and pass an approved examination. It also requires the Department to monitor compliance and enforce its provisions. This will certainly result in an increase in paperwork. The final-form regulations, though, do not impose paperwork requirements beyond those imposed by the act itself.
Contact Person
Further information is available by contacting the Department of Agriculture, Bureau of Food Safety and Laboratory Services, 2301 North Cameron Street, Harrisburg, PA 17110-9408, Attention: Martha M. Melton.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on June 11, 1997, the Department submitted a copy of the notice of proposed rulemaking published at 27 Pa.B. 2936 to IRRC and to the Chairpersons of the House and Senate Standing Committees on Agriculture and Rural Affairs for review and comment. In compliance with section 5(b.1), the Department also provided IRRC and the Committees with copies of all comments received, as well as other documentation.
In preparing these final-form regulations, the Department has considered all comments received from IRRC, the Committees and the public.
These final-form regulations were deemed approved by the House amd Senate Committees on August 21, 1999, and were approved by IRRC on September 9, 1999.
Findings
The Department finds the following:
(1) Public notice of its intention to adopt the regulation encompassed by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240)(45 P. S. §§ 1201 and 1202) and their attendant regulations, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and all comments received were considered.
(3) The modifications that were made to these regulations in response to comments received do not enlarge the purpose of the proposed rulemaking published at 27 Pa.B. 2936.
(4) The adoption of the regulations in the manner provided in this order is necessary and appropriate for the administration of the authorizing statute.
Order
The Department, acting under authority of the authorizing statute, orders the following:
(1) The regulations of the Department, 7 Pa. Code Chapter 76, are amended by adding §§ 76.1--76.19 to read as set forth in Annex A.
(2) The Secretary of Agriculture shall submit this order and Annex A to the Office of General Counsel and to the Office of Attorney General for approval as required by law.
(3) The Secretary of Agriculture shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(4) This order shall take effect upon publication in the Pennsylvania Bulletin.
SAMUEL E. HAYES, Jr.,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 29 Pa.B. 5033 (September 25, 1999).)
Fiscal Note: Fiscal Note 2-107 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 7. AGRICULTURE
PART III. BUREAU OF FOOD SAFETY AND LABORATORY SERVICES
CHAPTER 76. FOOD EMPLOYE CERTIFICATION Sec.
76.1. Compliance. 76.2. Definitions. 76.3. Requirements for food establishments. 76.4. Eligibility to apply for certification. 76.5. Certification training programs: Obtaining the Department's approval. 76.6. Certification training programs: Audit by Department. 76.7. Certification training programs: Food safety protection and training standards. 76.8. Format of a certification examination. 76.9. Reporting results of a certification examination. 76.10. Applying for certification. 76.11. Certificate. 76.12. Renewal of certification. 76.13. Obtaining Departmental approval of a continuing education course. 76.14. Reciprocity with other states. 76.15. Suspension or revocation of certification. 76.16. Contacting the Department. 76.17. Preemption and local governmental authority. 76.18. Advisory Board. 76.19. Civil penalties. § 76.1. Compliance.
(a) Mandatory compliance. On or after July 1, 2001, a food establishment shall comply with the act and this chapter, unless it is exempt under subsection (d).
(b) Interim compliance optional. A food establishment need not comply with the act or this chapter until July 1, 2001, but is encouraged to do so in advance of that date.
(c) Benefit of interim compliance. If a food establishment that voluntarily complies with the act and this chapter is the subject of an action to recover fines or penalties for a violation of the Food Act, and the violation occurs prior to July 1, 2000, the voluntary compliance of the food establishment will be considered a mitigating factor in determining whether the food establishment shall be assessed more than the minimum fine or civil penalty required by law.
(d) Exemption for certain types of food establishments. The following food establishments are exempt from the requirements of the act and this chapter:
(1) A food establishment where only commercially prepackaged food is handled and sold.
(2) A food establishment that does not handle potentially hazardous food.
(3) A food establishment that is a food manufacturing facility engaged in the manufacture of prepackaged foods and which does not manufacture potentially hazardous food.
§ 76.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings unless otherwise defined in the most current FDA Food Code:
Act--3 Pa.C.S. Chapter 65 (relating to the Food Employe Certification Act).
Adulterated food--Food that is considered adulterated under section 8 of the Food Act (31 P. S. § 20.8).
Adulteration--An action that creates adulterated food.
Advisory Board or Board--The Food Employe Certification Advisory Board.
Air dry--The exposure of wet articles to air for the purpose of drying through evaporation.
Air gap--The vertical distance between the point where water enters a plumbing fixture--such as a sink--and the level at which the plumbing fixture would overflow.
Asymptomatic--Presenting no symptoms of disease.
Backflow device--A device that prevents liquid from flowing back or moving toward the source from which the liquid was introduced.
Bacteria--Single cell microorganisms.
Bacteria growth--Multiplication of bacteria through cell division.
Bakery--A food establishment in which baked products (breads, rolls, cakes, doughnuts, biscuits, pies, macaroni, spaghetti, noodles, and the like) are manufactured for human consumption.
Bleach--Sodium hypochlorite, a chemical sanitizer.
CIP or cleaned in place--
(i) Cleaned in place by the circulation or flowing by mechanical means through a piping system of a detergent solution, water rinse, and sanitizing solution onto or over equipment surfaces that require cleaning, such as the method used, in part, to clean and sanitize a frozen dessert machine.
(ii) The term does not include the cleaning of equipment such as band saws, slicers or mixers that are subjected to in-place cleaning without the use of a CIP system.
Certificate--A document issued by the Department to a particular person to evidence that the named individual has demonstrated adequate food protection knowledge and is certified for purposes of section 6503(d) of the act (relating to certification advisory board and programs) with respect to an industry-specific category of food establishment.
Certificateholder--A person holding a valid certificate.
Certified supervisory employe--A supervisory employe holding a valid certificate.
Cleanability--The property of being cleanable or accessible for cleaning.
Cleaning--The process by which dirt or other foreign matter is removed from an article.
Communicable disease--An infectious disease transmissible to persons or animals by direct or indirect means.
Confirmed disease outbreak--A foodborne disease outbreak in which laboratory analysis of appropriate specimens identifies a causative organism and epidemiological analysis implicates food as the source of the illness.
Contamination--Soiling, staining, corrupting or infecting by contact or association.
Critical control point--A point or procedure in a specific food system where loss of control may result in an unacceptable health risk.
Critical item--An action which violates a food sanitation standard and which may contribute to food contamination, illness or environmental health hazard.
Cross-contamination--The transfer of bacteria or other microorganisms from one source to another.
Department--The Department of Agriculture of the Commonwealth.
Detergent--A cleaning agent.
Easily cleanable--
(i) A characteristic of a surface that:
(A) Allows effective removal of soil by normal cleaning methods.
(B) Is dependent upon the material, design, construction and installation of the surface.
(C) Varies with the likelihood of the surface's role in introducing pathogenic or toxigenic agents or other contaminants into food based on the surface's approved placement, purpose and use.
(ii) The term includes a tiered application of the criteria that qualify the surface as easily cleanable as specified in subparagraph (i) to different situations in which varying degrees of cleanability are required, such as one of the following:
(A) The appropriateness of stainless steel for a food preparation surface as opposed to the lack of need for stainless steel to be used for floors or for tables used for consumer dining.
(B) The need for a different degree of cleanability for a utilitarian attachment or accessory in the kitchen as opposed to a decorative attachment or accessory in the consumer dining area.
Escherichia coli or E. coli--Gram-negative rod-shaped bacteria normally present in the intestines of man and animals, which may be pathogenic and are indicative of fecal contamination when found in food or water.
FDA Food Code--A publication of recommendations by the United States Food and Drug Administration (FDA) for safeguarding public health and ensuring safe food.
Food--
(i) A raw, cooked or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum.
(ii) The term does not include medicines and drugs.
Food Act--The Food Act (31 P. S. §§ 20.1--20.18).
Food contact surface--One of the following:
(i) A surface of equipment or a utensil with which food normally comes into contact.
(ii) A surface of equipment or a utensil from which food may drain, drip or splash into a food or onto a surface normally in contact with food.
Food establishment--
(i) A room, building, place or portion thereof or vehicle maintained, used or operated for the purpose of selling to the public, commercially storing, packaging, making, cooking, mixing, processing, bottling, baking, canning, freezing, packing or otherwise preparing, transporting or handling food.
(ii) The term includes retail food stores and public eating and drinking licensees, except those portions of establishments operating exclusively under milk or milk products permits and those portions of establishments operating exclusively under United States Department of Agriculture inspection.
(iii) The term does not include dining cars operated by a railroad company in interstate commerce or a bed and breakfast, homestead or inn as defined in the Public Eating and Drinking Place Law.
Food processor--A food establishment that manufactures foods using methods such as cutting, grinding, chipping, peeling, baking, dicing, shredding, extrusion, drying, whipping, blanching, heating, extraction, smoking, freezing, fermenting, mixing or dehydrating, or that packages, cans, jars or otherwise places food in containers.
Food service--A food establishment that prepares food for the consumer, or serves foods to the consumer, or both. This category of food establishment includes restaurants, hotels, auction house stands, hot dog vendors, flea market stands, nursing home kitchens, school cafeterias, college/university cafeterias, roadside stands, hand-dipped ice cream and yogurt sellers, college snack bars, stands at fairs and carnivals, caterers, snow-cone stands, camp kitchens, church kitchens, private clubs and associations, and food vendors at stadiums, racetracks, parks and public charity events.
Foodborne disease outbreak--The occurrence of two or more cases of a similar illness resulting from ingestion of a common food.
Frozen dessert manufacturer--A food establishment that is located in this Commonwealth and that is required to be licensed under authority of the Frozen Dessert Law (31 P. S. §§ 417-1--417.14).
Fungi--A division of lower plant life which includes yeasts, molds, mildew and mushrooms.
HACCP--Hazard Analysis Critical Control Point--A system that identifies and monitors specific foodborne hazards (biological, chemical or physical properties) that can adversely affect the safety of the food product.
Handwash sink--A sink specifically designated for hand washing.
Hazard--A biological, chemical or physical property that may cause an unacceptable consumer health risk.
Hepatitis A infection--A viral foodborne illness that can be transmitted from an infected person, through food, to another person.
Hermetically sealed container--A container that is designed and intended to be secure against the entry of microorganisms and, in the case of low acid canned foods, to maintain the commercial sterility of its contents after processing.
Highly susceptible population--A group of persons who are more likely than other populations to experience foodborne disease because they are immunocompromised or older adults and in a facility that provides health care or assisted living services, such as a hospital or nursing home; or preschool age children in a facility that provides custodial care, such as a day care center.
Infection--A disease or condition due to the growth of microorganisms in a host.
Intoxication--Illness caused by ingestion of food containing a bacterial toxin.
Lag phase--The time period needed for bacteria to acclimate to a new environment, during which bacterial growth is limited or nonexistent.
Log phase--The time period which follows the lag phase and during which bacteria undergo accelerated growth.
MSDS or Material Safety Data Sheet--A data sheet supplied by manufacturers of hazardous chemicals which gives proper labeling of the product, hazard warnings and the name of the manufacturer.
Nonfood contact surface--Exposed surfaces which do not, under normal use, come into contact with food.
pH--The symbol for the negative logarithm of the hydrogen ion concentration, which is a measure of the degree of acidity or alkalinity of a solution.
ppm--Parts per million, or milligrams per liter (mg/l).
Parasite--A living organism which derives its nourishment from another living organism.
Pathogenic organism--A disease-producing organism.
Person--A corporation, partnership, limited liability company, business trust, other association, government entity (other than the Commonwealth), estate, trust, foundation or natural person.
Plan review--The process by which plans and specifications for the construction, remodeling or alteration of a food establishment are reviewed for conformance to specified standards.
Poisonous or deleterious substance--A substance that would be considered poisonous or deleterious under section 11 of the Food Act (31 P. S. § 20.11).
Potable water--Safe drinking water as defined in the Pennsylvania Safe Drinking Water Act (35 P. S. §§ 721.1--721.17).
Potentially hazardous food--
(i) A food which consists in whole or in part of milk or milk products, eggs, meats, poultry, fish, shellfish, edible crustaceans or other ingredients, including synthetic ingredients, and which is in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms.
(ii) The term does not include foods that have a pH level of 4.6 or below or a water activity of 0.85 or less under standard conditions or food products in hermetically sealed containers processed to maintain commercial sterility.
Product protection--Safety measures used to prevent food contamination.
Public eating and drinking place--
(i) A place within this Commonwealth where food or drink is served to or provided for the public, with or without charge, or a place which otherwise conforms to the definition in section 1 of the Public Eating and Drinking Place Law (35 P. S. § 655.1).
(ii) The term does not include dining cars operated by a railroad company in interstate commerce or a bed and breakfast homestead or inn.
Public Eating and Drinking Place Law--The act of May 23, 1945 (P. L. 926, No. 369) (35 P. S.§§ 655.1--655.13).
Quaternary ammonium compound--A chemical sanitizer which is a derivative of ammonium hydroxide or its salts.
Ready-to-eat food--
(i) Food that is in a form that is edible without washing, cooking or additional preparation by the food establishment or the consumer and that is reasonably expected to be consumed in that form.
(ii) The term includes:
(A) Unpackaged potentially hazardous food that is cooked to the temperature and time required for the specific food.
(B) Raw, washed, cut fruits and vegetables.
(C) Whole, raw fruits and vegetables that are presented for consumption without the need for further washing, such as at a buffet.
(D) Other food presented for consumption for which further washing or cooking is not required and from which rinds, peels, husks or shells are removed.
Reduced oxygen packaging--
(i) The reduction of the amount of oxygen in a package by mechanically evacuating the oxygen; displacing the oxygen with another gas or combination of gases; or otherwise controlling the oxygen content in a package to a level below that normally found in the surrounding atmosphere, which is 21% oxygen.
(ii) The term includes methods that may be referred to as altered atmosphere, modified atmosphere, controlled atmosphere, low oxygen and vacuum packaging including sous vide.
Retail food store--A food establishment or a section of a food establishment where food and food products are offered to the consumer and intended for off-premises consumption.
Salmonella enteritidis--Pathogenic Salmonella bacteria found in food which, if ingested in sufficient numbers, may cause salmonellosis in humans.
Salmonellosis--Foodborne disease caused by pathogenic Salmonella strains.
Sanitization--The application of cumulative heat or chemicals on cleaned food contact surfaces that, when evaluated for efficacy, yield a reduction of 5 logs, which is equal to a 99.999% reduction, of representative disease microorganisms of public health importance.
Secretary--The Secretary of the Department.
Slacking--The process of moderating the temperature of food such as allowing a food to gradually increase from a temperature of -23°C (-10°F) to -4°C (25°F) in preparation for deep-fat frying or to facilitate even heat penetration during the cooking of previously block-frozen food such as spinach.
Staphylococcus--Spherical bacteria which occur in grape-like clusters, certain types of which cause food poisoning by releasing toxins.
Supervisory employe--An owner or a person employed by or designated by the business owner to fulfill the requirements of the act, and who has supervisory authority and is responsible for the storage, preparation, display or serving of foods to the public in establishments regulated by the Department or local health organizations.
Temperature danger zone--The temperature range which is favorable for the growth of many types of pathogenic organisms in potentially hazardous foods.
Test strips--Indicator papers which, when immersed, assume a color that can be compared to a known color standard to measure sanitizer strength.
Time and temperature--Important factors in controlling the growth of pathogenic organisms in potentially hazardous foods.
Toxin--A poisonous substance produced by pathogenic organisms.
Transmissibility--The ability of a disease to be conveyed person-to-person, organism-to-person, food-to-person, person-to-food.
Virus--An intracellular, parasitic microorganism that is smaller than a bacterium.
Warewashing--The cleaning and sanitizing of food-contact surfaces of equipment and utensils.
Water activity--A measure of the free moisture in a food. The term is the quotient of the water vapor pressure of the substance divided by the vapor pressure of pure water at the same temperature, and is indicated by the symbol AW (aw).
§ 76.3. Requirements for food establishments.
(a) Industry-specific categories of food establishments. A food establishment that is not exempt from compliance under § 76.1(d) (relating to compliance) shall be classified under one or more of the following industry-specific categories:
(1) A food processor that manufactures potentially hazardous foods.
(2) A food service that prepares potentially hazardous foods for the consumer, or serves potentially hazardous foods to the consumer, or both.
(3) A bakery that processes potentially hazardous foods.
(4) A retail food store that offers potentially hazardous food that is not exempt under § 76.1(d) to the consumer.
(5) A frozen dessert manufacturer.
(b) Certified supervisory employe. A food establishment shall employ or designate at least one certified supervisory employe who is certified with respect to the industry-specific category of the food establishment. If a food establishment falls within more than one of the industry-specific categories in subsection (a), the food establishment shall employ or designate one or more certified supervisory employes so that, in the aggregate, there is a certified supervisory employe who is certified with respect to each of the applicable industry-specific categories of the food establishment.
(c) New food establishment. A new food establishment shall comply with subsection (b) within 90 days of the date it commences operation.
(d) Employe turnover. If a food establishment loses its only certified supervisory employe through employe turnover or for any other reason, the food establishment shall comply with subsection (b) within 3 months of the date it lost its previous certified supervisory employe.
(e) Certification records. A food establishment shall maintain, at the food establishment site, a list of certified supervisory employes under its employment during the last 4 months including: name, certificate number, certification category, issuance date, expiration date, date employment began and date employment terminated.
(f) Availability of records. Upon request by the Department, a food establishment shall make the records described in subsection (e) available for inspection by the Department during normal business hours of the food establishment.
(g) Posting of certificate. A food establishment shall post the original certificate of its certified supervisory employe in public view at its business location.
(h) Return of certificate. A certificate is the property of the Department and is issued to the individual person identified on its face. A food establishment shall promptly deliver the certificate to a certified supervisory employe who leaves the employ of the food establishment or who otherwise ceases to be a certified supervisory employe with respect to that establishment.
§ 76.4. Eligibility to apply for certification.
A person shall successfully complete an approved certification training program and obtain a score of 70% or higher on an approved certification examination in order to be eligible to apply to the Department for certification.
§ 76.5. Certification training programs: Obtaining the Department's approval.
(a) Approval required. A person shall obtain the Department's approval of a training program before the certification training program will be considered an approved certification training program for purposes of the act and this chapter. Substantive revisions or changes to a previously-approved certification training program shall also be approved by the Department. Although nonsubstantive revisions to a previously-approved certification training program do not require approval of the Department, notice of these nonsubstantive revisions shall be communicated in writing to the Department, at the address in § 76.16 (relating to contacting the Department), before being implemented. 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 training program if it addresses at least one 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 training programs: food safety protection and training standards) and has been recommended for approval by the Advisory Board. A single certification training program may be approved with respect to more than one industry-specific category of food establishment.
(c) Obtaining an application form. The Department will provide an application form for certification training program approval, or an application form for approval of revisions or changes to a previously-approved certification training program, upon request. Requests for these forms shall be directed to the Department at the address in § 76.16.
(d) Contents: application for certification training program approval. The application form for certification training 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 hour and content requirements in § 76.7 (relating to certification training programs: food safety protection and training standards).
(3) The industry-specific category or categories of food establishment, as described in § 76.3(a) (relating to requirements for food establishments), to be addressed by the certification training program.
(4) A copy of the examination to be administered at the conclusion of the certification training program, together with an answer key for that examination, if these documents are available.
(5) A copy of all teacher materials for the certification training program, unless the certification training program is a home-study program.
(6) A copy of all materials to be distributed to persons taking the program.
(7) If the certification program is a home study program, the proposed site and date the approved certification examination is to be administered.
(8) Other information the Department might reasonably require in evaluating the certification training program.
(e) Contents: application for approval of changes or revisions to a previously-approved certification training program. The application form for approval of changes or revisions to a previously-approved certification training program shall require the applicant's name, address and telephone number and only the 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 training program approval or for approval of changes or revisions to a previously-approved certification training program shall be delivered to the Department, at the address in § 76.16, 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 Department and the Advisory Board will consider application materials submitted to them under subsection (d)(4)--(6) confidential and the proprietary documents of the applicant, and will make no distribution of these materials. The Advisory Board will consider whether to recommend Departmental approval of a certification training program. If a simple majority of a quorum of the Advisory Board recommends Departmental approval of a certification training 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 training program, its denial of approval or a request for additional clarification or documentation.
§ 76.6. Certification training programs: Audit by Department.
The Department may attend and audit an approved certification training program to ascertain whether the program is conducted in accordance with the act and in conformity to the program syllabus. A person offering or conducting an approved certification training program shall allow the Department's auditors entry to the program and provide copies of course materials.
[Continued on next Web Page]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
