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Pennsylvania Code



46.1201.    Food Employee Certification Act compliance.


   The provisions of this Subchapter I issued under the Retail Food Facility Safety Act, 3 Pa.C.S. § §  5701—5714; the Food Safety Act, 3 Pa.C.S. § §  5721—5737; the act of July 2, 1935 (P.L. 589, No. 210) (31 P. S. § §  645—660g), known as the Milk Sanitation Law; section 1705(d) of The Administrative Code of 1929 (71 P. S. §  445(d)); and the Food Employee Certification Act, 3 Pa.C.S. § §  6501—6510, unless otherwise noted.


   The provisions of this Subchapter I adopted April 11, 2014, effective May 12, 2014, 44 Pa.B. 2220, unless otherwise noted.

§ 46.1201. Food Employee Certification Act compliance.

 (a)  Statutory requirement. The Food Employee Certification Act requires that a retail food facility have at least one employee who holds a valid certificate present at the retail food facility or immediately accessible at all hours of operation and who is the person in charge of the retail food facility when physically present and on duty.

 (b)  General recognition of certification programs. For purposes of compliance with the Food Employee Certification Act, the Department recognizes certification programs, including examinations developed under those programs, that are evaluated and listed by an accrediting agency that has been recognized by the Conference for Food Protection as conforming to the Conference for Food Protection Standards for Accreditation of Food Protection Manager Certification Program. A certificate of completion of a program is a ‘‘certificate’’ for purposes of the requirement in subsection (a) and is adequate proof of compliance.

 (c)  Posting of certificate. A retail food facility shall post the original certificate of its certified employee in public view at its business location.

 (d)  List of acceptable certification programs. The Department will maintain a current list of Department-recognized certification programs. The Department will:

   (1)  Publish the current list in the Pennsylvania Bulletin annually and when the list is revised.

   (2)  Post the current list on the Department’s web site at

   (3)  Provide a copy of the current list upon request directed to the Department’s Bureau of Food Safety and Laboratory Services at (717) 787-4315 or the following mailing address:

 Pennsylvania Department of Agriculture Bureau of Food Safety and Laboratory Services ATTN: Food Employee Certification 2301 North Cameron Street Harrisburg, Pennsylvania 17110-9408

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