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PA Bulletin, Doc. No. 97-977

PROPOSED RULEMAKING

[7 PA. CODE CH. 76]

Food Employe Certification

[27 Pa.B. 2936]

   The Department of Agriculture (Department), Bureau of Food Safety and Laboratory Services (Bureau), proposes to adopt Chapter 76 (relating to food employe certification).

   These regulations are proposed under authority of the Food Employee Certification Act (act), 3 Pa.C.S. §§ 6503(d) and 6505 (relating to certification advisory board and programs; and rules and regulations) which, respectively: (1) require the Department to adopt food safety protection and training standards for the certification of supervisory employes who are responsible for the storage, preparation, display or serving of food to the public in establishments regulated by the Department or local health organizations; and (2) delegate to the Department the power to adopt regulations necessary for the proper enforcement and administration of the act.

   In summary, the act will require most food establishments in this Commonwealth to have at least one supervisory employe who has undergone food safety training and passed a written examination evidencing food safety knowledge. The training programs will be reviewed and approved by the Department. The Department will certify persons to conduct and approve tests and certify the results of these tests to the Department. The Department will issue a certificate to persons who take the required training and pass the required test.

   The act was the product of an industry-driven initiative to establish minimum food safety training requirements to be met by at least one supervisory employe in most food establishments in this Commonwealth. These requirements are specific to the category of food establishment involved. Given the industry-driven nature of the act, the Department circulated drafts of the proposed regulations to groups representing a broad cross section of the food industry, and made revisions in response to comments and suggestions from these groups. The Department intends these regulations to establish the least intrusive and least burdensome standards and procedures by which to meet the responsibilities imposed on the Department by the act.

   An overview of the major provisions of the proposed regulations follows:

   A food establishment need not comply with the requirements of the act until July 1, 2001. Proposed § 76.1 (relating to compliance) restates this effective date, but also emphasizes that it is to a food establishment's advantage to comply in advance of that date. It also restates the statutory provisions exempting certain food establishments from having to comply with the act.

   Proposed § 76.2 (relating to definitions) contains definitions from the act and the Food and Drug Administration Food Code. When practicable, it is the intention of the Department to define terms as they are commonly defined in the food industry and thereby help to develop or preserve a common vocabulary. Numerous terms defined in this section are required topics of instruction in approved certification programs, as described in proposed § 76.7 (relating to certification programs: food safety protection and training standards). Although some sectors of the food industry would prefer the Department not include and define such a large number of terms in the proposed regulations, the Department believes it important to be as specific as possible with respect to the required topics of instruction in a certification program.

   Proposed § 76.3 (relating to requirements for food establishments) accomplishes several purposes: it delineates the industry-specific categories of food establishments required under section 6503(d) of the act. It restates the major premise of the act, that a food establishment must employ or designate at least one supervisory employe who is certified under the act with respect to the appropriate industry-specific category of the food establishment. It also sets forth the basic recordkeeping requirements for food establishments, under which the Department can monitor compliance with the act.

   Although proposed § 76.4 (relating to eligibility to apply for certification) essentially restates the requirements of the act as set forth in section 6504(b) of the act (relating to certification of employees), it has been the subject of concern among several food industry representatives who were afforded the opportunity to review earlier drafts of the proposed regulation. The act does not allow for those persons who have food safety knowledge and expertise in excess of what would be required under the proposed regulation to be certified under the act without completing a Department-approved training course and passing an examination.

   Proposed § 76.5 (relating to certification programs: obtaining the department's approval) sets forth the basic requirements for Departmental approval of a certification program and details the process by which an application for approval may be obtained and submitted.

   Proposed § 76.7 (relating to certification programs: food safety protection and training standards) details the minimum content requirements of a certification program.

   Proposed § 76.8 (relating to format of a certification examination) requires that a certification examination consist of at least 80 questions. This number corresponds with the number of questions on examinations given in connection with several of the more popular food safety courses offered by industry on a Nationwide basis. The Department believes that--given the various areas of instruction required in a certification program--it is not unreasonable to require a minimum number of questions on a certification examination.

   Proposed § 76.9 (relating to reporting results of a certification examination) is intended to ensure the Department and the candidate for certification receive notice of examination scores within a reasonable time after certification examinations are administered.

   Proposed § 76.10 (relating to applying for certification) describes the process by which a person may apply for certification, and requires the Department to act on an application within 20 days of receipt.

   Proposed § 76.11 (relating to certificate) describes the content of a certificate, the obligation of a person having possession of a certificate to return it to the Department upon written demand and the requirement a food establishment display the certificate of its certified supervisory employe.

   The act requires a certificate be renewed at 5 year intervals, imposes a continuing education requirement on certificateholders and requires the Department approve continuing education courses. These provisions appear in section 6504(f) of the act. Proposed §§ 76.12 and 76.13 (relating to renewal of certification; and obtaining Departmental approval of a continuing education course) set forth recertification requirements and procedures and the procedure for approval of continuing education programs.

   Proposed § 76.14 (relating to reciprocity with other states) essentially restates the reciprocity provisions in section 6507 of the act (relating to suspension of certification).

   Proposed § 76.15 (relating to suspension or revocation of certification) describes the circumstances under which a certificate can be suspended or revoked, and describes the due process to the afforded persons facing suspension or revocation.

   Proposed § 76.17 (relating to preemption and local governmental authority) clarifies that local government food employe certification programs that predate September 1, 1994, may remain in effect and that a local government unit having a program may, at its option, seek Departmental approval of any portion of its program with respect to an industry-specific category of food establishment.

   Proposed § 76.19 (relating to civil penalties) repeats the penalty provisions in section 6508 of the act (relating to civil penalties), but clarifies that the Department will afford a food establishment that is assessed a penalty for not having a certified supervisory employe a period of 90 days within which to come into compliance before the Department would again penalize the food establishment for the same violation.

Fiscal Impact

Commonwealth

   The proposed regulations would 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 proposed regulations would impose no costs and have no fiscal impact upon political subdivisions.

Private Sector

   The proposed regulations will not impose costs or other adverse fiscal consequences beyond those imposed by the act itself. Under the act, most food establishments in this Commonwealth will have to ensure they have at least one certified supervisory employe. Although the food establishment might impose the costs of necessary training on the supervisory employe, it is more likely the food establishment, itself, would incur these costs.

General Public

   The proposed regulations would impose no costs and have no fiscal impact upon the general public. Although food establishments may 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 training program and pass an examination. It also requires the Department monitor compliance and enforce its provisions. This will certainly result in an increase in paperwork. The proposed regulations, however, do not impose paperwork requirements beyond those imposed by the act itself.

Regulatory Review

   The Department submitted a copy of the proposed regulations to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Standing Committees on Agriculture and Rural Affairs on June 11, 1997, in accordance with section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)). The Department also provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Department in compliance with Executive Order 1982-2, ''Improving Government Regulations.'' A copy of this material is available to the public upon request.

   If IRRC has objections to any portion of the proposed regulations, it must so notify the Department within 30 days of the close of the public comment period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act sets forth detailed procedures for review of these objections by the Department, the General Assembly and the Governor prior to final publication of the proposed regulations.

Contact Person

   Interested persons are invited to submit written comments regarding the proposed regulations within 30 days following publication in the Pennsylvania Bulletin. Comments are to be submitted to the Department of Agriculture, Bureau of Food Safety and Laboratory Services, 2301 North Cameron Street, Harrisburg, PA 17110-9408, Attention: Martha M. Melton.

Effective Date

   The proposed regulations will become effective upon final adoption.

SAMUEL E. HAYES, Jr.,   
Secretary

   Fiscal Note: 2-107. (1) General Fund; (2) Implementing Year 1996-97 is $None; (3) 1st Succeeding Year 1997-98 is $5,000; 2nd Succeeding Year 1998-99 is $10,000; 3rd Succeeding Year 1999-00 is $15,000; 4th Succeeding Year 2000-01 is $30,000; 5th Succeeding Year 2001-02 is $30,000; (4) Fiscal Year 1995-96 $N/A; Fiscal Year 1994-95 $N/A; Fiscal Year 1993-94 $N/A; (7) General Government Operations; (8) recommends adoption.

Annex A

TITLE 7.  AGRICULTURE

PART IV.  BUREAU OF MARKETING

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 programs: obtaining the Department's approval.
76.6.Certification programs: audit by Department.
76.7.Certification 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 word and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise or unless otherwise defined in the FDA Food Code, or a subsequent amendment thereof:

   Act--3 Pa.C.S. Chapter 65 (relating to Food Employee Certification Advisory Board).

   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 evidence 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--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. The term does not include the cleaning of equipment, such as band saws, slicers or mixers that are subjected to in-place manual 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.

   Certificate holder--A person holding a valid certificate, regardless of whether that person is a supervisory employe.

   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 the food as the source of the illnesses.

   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 degradation.

   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 on 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 issued by the United States Food and Drug Administration which is available from the Department.

   Food--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.

   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--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. 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. 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 and serves foods to the consumer. 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--

   (i)  An incident, except as specified in subparagraph (ii), in which:

   (A)  Two or more persons experience a similar illness after ingestion of a common food.

   (B)  Epidemiological analysis implicates the food as the source of the illness.

   (ii)  The term includes a single case of illness such as one person ill from botulism or chemical poisoning.

   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.

   H.A.C.C.P.--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.

   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--Water that is safe for human consumption.

   Potentially hazardous food--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 toxicogenic microorganisms. 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--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). 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)  Unpacked potentially hazardous food that is cooked to the temperature and time required for the specific food under the most current edition of FDA Food Code.

   (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.

   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 a 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.

   Temperature danger zone--The temperature range between 45°F and 140°F, 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 or otherwise.

   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)  Food processor that manufactures potentially hazardous foods.

   (2)  Food service that prepares and serves potentially hazardous foods to the consumer.

   (3)  Bakery that processes potentially hazardous foods.

   (4)  Retail food store that offers potentially hazardous food to the consumer.

   (5)  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.

   (c)  New food establishment. A new food establishment shall bring itself into compliance 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 bring itself into compliance with subsection (b) within 3 months of the date it lost its previous certified supervisory employe.

   (e)  Certification records. A food establishment shall maintain the following information at the food establishment site:

   (1)  The name of each certified supervisory employe in its employ.

   (2)  The name of each certified supervisory employe who has been in its employ in the past year.

   (3)  The certificate number of each certified supervisory employe referenced in paragraphs (1) and (2).

   (4)  The industry-specific category of food establishment with respect to which a certified supervisory employe referenced in paragraphs (1) and (2) was certified.

   (5)  The issuance and expiration dates of the certificate of any certified supervisory employe referenced in paragraphs (1) and (2).

   (6)  The date it lost any certified supervisory employe within the past year--whether through employe turnover or other change in status.

   (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 reasonable hours.

   (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.

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