Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 201 - HEALTH INSPECTION PROGRAM ADMINISTRATION RULE
Section 144-201-2 - CERTIFIED FOOD PROTECTION MANAGERS

Universal Citation: 10 ME Code Rules ยง 144-201-2

Current through 2024-38, September 18, 2024

A. Unless otherwise provided in this rule, an eating establishment must have at least one employee granted supervisory and management responsibility and designated as a certified food protection manager (CFPM). The CFPM must have demonstrated appropriate proficiency and skills regarding food safety by successfully passing a CFPM exam that is part of an accredited program as described in Section 2(C)(1) below. The Department may approve a food safety consultant to serve as CFPM, if necessary, to ensure food safety, when cultural, language, and literacy barriers prevent any of the establishment's employees from passing the CFPM exam.

B. In the event that, during an inspection by the Department, the person in charge is not able to make the demonstration required by the Maine Food Code (10-144 CMR Ch. 200, § 2-102.11), or there are multiple critical violations present during such inspection, the Department, or its designee, may thereafter require every person in charge for such eating establishment to be a certified food protection manager.

C. In the State of Maine, the following will be accepted as meeting the requirements for certification:

1. Having written proof of completion of specialized training in the preparation and serving of safe food. See the ANSI-CFP Accreditation standards for the exams approved by the Department at https://anabpd.ansi.org/Accreditation/credentialing/personnel-certification/food-protection-manager/ALLdirectoryListing?menuID=8&prgID=8&statusID=4.;

Also, see the Department's website at https://www.maine.gov/dhhs/mecdc/environmental-health/el/training.htm;

or

2. Receiving a passing grade on a competency test, approved by the National Conference for Food Protection. CFPM certification shall be renewed through re-training and re-testing every five years, or as required by the ANSI-CFP Accreditation standards used by the Department identified in Section 2(C)(1) of this rule.

D. The following establishments are exempt from the CFPM requirement:

1. Bed and breakfasts and lodging establishments that serve only a continental breakfast, as defined in Section 1 of this rule, consisting of non-potentially hazardous baked goods, whole fruit or fruit sliced for same-day service, cereal, milk, juice, portion controlled cream cheese, portioned controlled peanut butter, and portion controlled jam or jelly.

2. Temporary eating establishments that operate fewer than 14 days;

3. Establishments that prepare, serve or sell only non-potentially hazardous pre-packaged foods (non-time/temperature control for safety (TCS) foods);

4. Establishments that prepare only non-potentially hazardous foods (non-TCS foods);

5. Establishments that heat only commercially-processed, potentially hazardous foods (TCS foods) for hot holding. Cooling of potentially hazardous foods (TCS foods) are not exempt from the CFPM requirement;

6. Sporting/recreational camps operating 90 days or fewer per year and serving only their own guests; and

7. Eating establishments which pose minimal risk of causing or contributing to foodborne illness, based on the nature of the operation and the extent of food preparation, and are Category 1 Eating Establishments within Section 6(B)(2)(a) of this rule.

E. Within 60 days of departure of the last CFPM leaving employment, either a current employee must become certified as a CFPM, or a new CFPM must be hired.

F. Establishments requiring two repeat inspections, due to multiple critical violations, or repeated failure to successfully complete demonstration of knowledge required by 2-102.11 of the Maine Food Code (10-144 CMR, Ch. 200), or being involved in a food-borne illness outbreak or pest infestation, must employ a CFPM, if not previously required to do so. If the above issues exist, the establishment may be required to employ additional CFPMs, at the discretion of the Department.

G. Nothing in this rule precludes the Department from requiring an eating establishment, as part of a compliance action, to hire on a less than full-time basis, a food safety consultant who would provide recommendations on food safety.

H. Eating establishments must post the certification of the CFPM(s) in a conspicuous area visible to customers, and the certificate must be made available to the Department, upon request.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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