[29 Pa.B. 5069]
[Continued from previous Web Page] § 76.7. Certification training programs: Food safety protection and training standards.
(a) Minimum hours of instruction/overview of topics. A certification training program shall consist of at least 15 hours of instruction relevant to the industry-specific category with respect to which certification is sought. As described in detail in subsections (b)--(h), a certification training program shall contain instruction in the following topics for the minimum hours indicated:
(1) Foodborne illness: 2 hours
(2) Time and temperature: 2 hours
(3) Relationship between personal hygiene and food safety: 3 hours
(4) Food safety tracking system: 3 hours
(5) Cleaning and sanitizing: 2 hours
(6) Facilities and equipment layout: 2 hours
(7) Statutory and regulatory requirements: 1 hour
(b) Topic: Foodborne illness. At least 2 hours of the instruction in a certification training program shall pertain to the topic of foodborne illness relevant to the industry-specific category with respect to which certification is sought. 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.
(8) Emerging pathogens.
(c) Topic: Time and temperature. At least 2 hours of the instruction in a certification training program shall pertain to the topic of time and temperature relevant to the industry-specific category with respect to which certification is sought. 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.
(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. At least 3 hours of the instruction in a certification training program shall pertain to the topic of the relationship between personal hygiene and food safety relevant to the industry-specific category with respect to which certification is sought. This instruction shall address the following:
(1) Terms and definitions 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 employes, 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. At least 3 hours of the instruction in a certification training program shall pertain to the topic of food safety tracking systems relevant to the industry-specific category with respect to which certification is sought. 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.
(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 freezer 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. At least 2 hours of the instruction in a certification training program shall pertain to the topic of cleaning and sanitizing relevant to the industry-specific category with respect to which certification is sought. 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. At least 2 hours of a certification training program shall pertain to the topic of facilities and equipment layout relevant to the industry-specific category with respect to which certification is sought. 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 returnables.
(8) Review of plans for equipment and building layout and design.
(h) Topic: Statutory and regulatory requirements. At least 1 hour of a training program shall pertain to the topic of statutory and regulatory requirements relevant to the industry-specific category with respect to which certification is sought. 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 at least 100 questions, under no circumstances may a certification examination consist of fewer than 80 questions. The questions shall 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 30 calendar 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 30-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, or any other person, 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 requires 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 in § 76.3(a) (relating to requirements for food establishments)) with respect to which certification is sought.
(5) Other information the Department might reasonably require in determining whether to issue the applicant a certificate.
(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 ''Commonwealth of Pennsylvania.'' This payment shall accompany the application.
(d) Department action on application. The Department will, within 30 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, as described in § 76.3(a) (relating to requirements for food establishments), 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 on the certificate.
(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.
(d) Replacement of certificate. The Department will issue a certificateholder a replacement certificate and mail it to the certificateholder within 30 days of receiving a written request for a replacement certificate from the certificateholder and an explanation of the need for the replacement 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, or any other person, 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 requires 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 or categories, as described in § 76.3(a) (relating to requirements for food establishments), 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 in considering renewal of the certificate.
(c) Application fee. A person applying for recertification under this section shall pay an application fee of $20, by check or money order made payable to the ''Commonwealth of Pennsylvania.'' This payment shall accompany the application.
(d) Departmental action on application. The Department will, within 30 days of receiving an application, mail the applicant a certificate (as described at § 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 must 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, or offers a general review of food safety considerations and procedures.
(3) A copy of all teaching materials for the course.
(4) A copy of all 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 in evaluating whether to approve the continuing education course.
(d) Departmental and Advisory Board action on application. The Department and the Advisory Board will consider application materials submitted to them under subsection (c)(3) and (4) 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 the continuing education course. If a simple 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 the following apply:
(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 apprise the certificateholder of the duration of the suspension or revocation and 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 certificate holder on his application for certificate under § 76.10 (relating to applying for certification).
(d) Reinstatement. If a period of suspension ends before the expiration date of the suspended certificate, the certificate will be considered reinstated at the end of the suspension period. If a certificate is suspended and the period or suspension ends after the expiration date of the suspended certificate, the certificate is expired and the holder of the expired certificate may reapply for certification at the end of the suspension period in accordance with the act and this chapter.
§ 76.16. Contacting the Department.
A person seeking applications or information relating to the act or this chapter shall forward the 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), a 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 the local government unit. This program validity may be extended to other states or local government units through 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 that was in effect prior to September 1, 1994, may apply to the Department in accordance with the procedure in § 76.5 (relating to approved certification training programs: obtaining the Department's approval) to become an approved certification training 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 training 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 is 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) The Pennsylvania Association of Milk Dealers.
(ii) The Pennsylvania Restaurant Association.
(iii) The Pennsylvania Food Merchants Association.
(iv) The Pennsylvania Convenience Store Council.
(v) The Pennsylvania Bakers Association.
(vi) The Pennsylvania Food Processors Association.
(vii) The Pennsylvania Veterinary Medical Association.
(viii) The County Commissioners Association of Pennsylvania.
(ix) The Pennsylvania League of Cities and Municipalities.
(x) The Pennsylvania State Association of Boroughs.
(xi) The Pennsylvania State Association of Township Commissioners.
(xii) The Pennsylvania State Association of Township Supervisors.
(xiii) The 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.
(d) Quorum. A simple majority of the Advisory Board membership shall constitute a quorum of that body. A simple majority of a quorum is required for any formal action of the Advisory Board.
§ 76.19. Civil penalties.
(a) General. The Department may assess a civil penalty of up to $300 against a person or food establishment that violates 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 a 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 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 comply with the act and this chapter.
[Pa.B. Doc. No. 99-1661. Filed for public inspection October 1, 1999, 9:00 a.m.]
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