Current through Register Vol. 50, No. 3, March 20, 2024
A. The owner or a designated employee of each
food establishment shall hold a "food safety certificate" from the department
exclusively on behalf of that food establishment. The certificate shall be
required to be renewed every five years.
1.
For the purposes of this Section and §1901. D only, the term
food
establishment as defined in
§101 of this Part shall additionally
not include the following:
a. private clubs
where food is prepared and served exclusively for member consumption;
b. religious or charitable food
sales;
c. any establishment that
heats or prepares boudin or sausage for personal consumption;
d. a bar or lounge that serves beverages
only;
e. temporary and seasonal
establishments;
f. nursing
facilities;
g. public, private, or
parochial schools;
h. elderly
nutrition meal sites which do not prepare meals; and
i. child care facilities.
2. The owner or a designated food
service employee of a child care facility shall be required to complete one
hour of food safety training each year as part of the three hours of mandatory
yearly training required under the requirements of LAC 51:XXI.301.A.9. When the
owner or a designated food service employee of a child care facility holds a
valid Food Safety Certificate issued under the provisions of this Section, the
holder of said certificate will be credited with three years of the mandatory
yearly training required under LAC 51:XXI.301.A.9.
B. Any food establishments with food sales of
less than $125,000 annually shall not be required to comply with this Section
until July 1, 2002. However, any establishment may apply for such certificate
prior to such date. Those food establishments permitted after July 1, 2002
shall comply with this Section within 60 days of permit issuance.
C. To obtain a department food safety
certificate, the following is required.
1.
The individual must complete a course provided by an approved training program.
The department shall approve all training programs and shall maintain a list of
these training programs. These programs shall include, but are not limited to,
the standards set forth in the ServSafe Program established by the Educational
Foundation of the National Restaurant Association, or other programs recognized
by the food service industry and the department.
a. Instructors/trainers shall meet the
criteria established by the Educational Foundation of the National Restaurant
Association or other instructor/trainer requirements established by the food
service industry and the department.
b. The department shall approve training
programs administered or approved by another state, political subdivision, or
other jurisdiction with standards that meet or exceed those established in this
Code.
2. The individual
must pass a written exam approved by the department before qualifying for the
certificate. This test will meet the standards as described in Paragraph 1
above.
3. The individual must
submit a completed application to the department with:
a. satisfactory evidence that he/she has
completed an approved training program which includes passing a written
examination; and
b. a $25 fee for
each certificate.
EXCEPTION: All state and local government employees are
exempt from this fee.
4. Upon receipt and approval of the
documentation and fee described in Paragraph 3 above, the department shall then
issue a food safety certificate to the applicant.
5. The permit holder shall display a current
state food safety certificate in a location in the food establishment
conspicuous to the public.
D. Certificates from the department shall be
required to be renewed every five years for a $25 fee. A person shall pass
another written exam as described in Paragraph 2, Subsection C above before the
certificate is renewed.
E. No
parish or municipality in Louisiana shall enforce any ordinance or regulation
requiring a food establishment or any of its employees to complete a food
safety training program or test.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
40:4 and
40:5.5.