Current through Register Vol. 49, No. 13, September 23, 2024
A. A food
establishment licensee shall employ a certified food protection manager (CFPM)
for each establishment including a food establishment that reheats ready-to-eat
TCS foods for hot holding, except as provided in item B.
B. A food establishment does not need to
employ a CFPM:
(1) where the method of food
preparation meets the definition of a low-risk food establishment in Minnesota
Statutes, section
157.20;
(2) where the food establishment is licensed
as a special event food stand;
(3)
where the establishment operates as a retail food vehicle, portable structure,
or cart as defined in part 4626.0020, subpart 73; or
(4) where food preparation activities are
solely limited to one or more of the following:
(a) preparing or packaging non-TCS foods that
are made from ingredients that are not TCS;
(b) processing raw meat, poultry, fish, or
game animals intended for cooking by the consumer; or
(c) heating or serving precooked hot dog or
sausage products, popcorn, nachos, pretzels, or frozen pizza.
C. Only upon opening or
reopening a food establishment, a licensee may employ 1 full-time employee who:
(1) at the time of opening or reopening meets
the requirements in item G, subitem (1); and
(2) within 60 days of opening or reopening
meets the requirements in item A.
D. A food establishment licensee required to
employ a CFPM shall display a current original CFPM certificate or a current
duplicate CFPM certificate in the establishment.
E. A food establishment licensee that ceases
to employ a CFPM shall employ a new CFPM within 60 days.
F. A food establishment licensee through the
CFPM is responsible for:
(1) identifying
hazards in the day-to-day operation of the food establishment;
(2) developing or implementing specific
policies, procedures, or standards to prevent foodborne illness in the food
establishment;
(3) coordinating
training, supervising or directing food preparation activities, and taking
corrective action as needed in the food establishment to protect the health of
the consumer; and
(4) completing
in-house self-inspections of daily operations in the food establishment at a
frequency that ensures food safety policies and procedures are
followed.
G. The
requirements for CFPM initial certification are as specified in this item.
(1) An applicant for initial certification as
a CFPM shall complete a training course and pass an examination that is
accepted under item H on the date taken. The examination must have been taken
within 6 months directly preceding the application for certification under sub
item (2).
(2) An applicant for
initial certification as a CFPM shall submit to the commissioner:
(a) a completed application on a form
provided by the commissioner containing the name; telephone number; mailing
address, including county; e-mail address, if applicable; and Social Security
number of the applicant;
(b)
documentation of the applicants qualifications under this subitem and subitem
(1); and
(c) the fee specified in
Minnesota Statutes, section
157.16,
subdivision 2a.
H. The commissioner shall accept only
examinations that are evaluated and listed by a Conference for Food Protection
recognized accrediting agency as conforming to the Conference for Food
Protection Standards for Accreditation of Food Protection Manager Certification
Programs.
I. The requirements for
CFPM renewal certification are as specified in this item.
(1) An applicant for renewal as a CFPM shall
successfully complete at least 4 contact hours of continuing education within
the effective dates of the valid certificate. The continuing education must
meet the requirements of item K.
(2) An applicant for renewal as a CFPM shall
submit to the commissioner:
(a) a completed
application on a form provided by the commissioner containing the name;
telephone number; mailing address, including county; e-mail address, if
applicable; and Social Security number of the applicant;
(b) documentation of the applicants
qualifications specified in item J; and
(c) the fee specified in Minnesota Statutes,
section
157.16,
subdivision 2a.
(3) An
applicant for renewal whose certification expires before the effective date of
this rule shall meet the requirements in part 4626.2015, subpart 8. An
applicant for renewal whose certification expires after the effective date of
this rule shall meet the requirements in subitem (2) no more than 6 months
following the expiration date of the certificate. If more than 6 months has
elapsed since the expiration date, an applicant for renewal shall meet the
requirements listed under item G.
J. Documentation of a continuing education
course must include:
(1) the applicants
name;
(2) the title of the approved
course;
(3) the number of approved
contact hours;
(4) the course
date;
(5) the instructors name;
and
(6) the instructors telephone
number or e-mail address.
K. A continuing education course:
(1) must address food safety and sanitation
topics included in this Code;
(2)
must be submitted to and approved by the commissioner before the course is
offered and when changes to an approved course are proposed;
(3) must be taught in an interactive format
approved by the commissioner to ensure competency and use an assessment, such
as a quiz, test, demonstration, or other mechanism, approved by the
commissioner to evaluate learning;
(4) must be a minimum of 1 hour;
(5) is subject to periodic review by the
commissioner of health; and
(6) is
subject to audit at no cost to the commissioner to verify that instructor
qualifications, course content, and course length are being met.
L. a continuing education course
instructor shall:
(1) be a Minnesota
CFPM;
(2) review developments in
topics included in approved courses at least every 2 years; and
(3) maintain course records, including
attendance records, for 5 years.
M. Upon review and verification, as needed,
of the documents submitted under this part, the commissioner shall issue a
certificate or a letter of denial within 45 days of receiving the application.
Grounds for the commissioner to deny an application are provided in Minnesota
Statutes, section
144.99, subdivision
8, paragraphs (a) and (b).
N. CFPM
certificate effective dates and transferability are as specified in this item.
(1) A certificate issued under this section
is valid statewide for 3 years from the effective date printed on the
certificate.
(2) The effective date
of the initial CFPM certificate is the date the applicant passed an approved
examination.
(3) The effective date
of the renewal CFPM certificate is 1 day after the expiration date of the
previous certificate.
(4) A CFPM
certificate is not transferable to another person.
O. The commissioner shall issue a duplicate
certificate to replace a lost, destroyed, or damaged certificate if the
applicant submits a completed application on a form provided by the
commissioner for a duplicate certificate and pays the fee specified in
Minnesota Statutes, section
157.16,
subdivision 2a.
