Current through all regulations passed and filed through September 16, 2024
(A) In accordance with section
3717.09 of the Revised Code, the
director of health
will approve the following categories of food
certification courses :
(1) Person in charge certification
covers the principles of food safety and the
requirements of paragraph (B) of rule
3717-1-02.4 of the
Administrative Code.
(2) Manager certification in food protection
is a comprehensive food safety training that provides
managers with in-depth knowledge of proper food safety practices for use in
their facilities. A manager certification in food
protection course approved by the director of health prior to April 1, 2019
will retain its approval until a new or amended course is submitted to the
director of health no later than nine months after the effective date of this
rule and approved or disapproved by the director of health no later than twelve
months after the effective date of this rule. If a new or amended course is not
submitted and approved within twelve months of the effective date of this rule,
the course will no longer be approved.
(B) Any person desiring to apply to the
director of health for approval to conduct a food certification course
is
obligated to complete an application prescribed by the director and
submit the completed application to the director. An application to conduct a
person in charge certification course or manager certification in food
protection course
will contain at least the following criteria:
(1) The applicant's name, address, email
address and telephone number;
(2)
Name of course to be conducted;
(3)
Course agenda that identifies the core content as specified in appendix A of
this rule for a person in charge certification course
and as specified in appendix B of
this rule for a manager certification in food protection course
;
(4) A description of any methods of training
to be used such as classroom instruction, guest speakers, interactive computer
programming,
or video;
(5) The names of
all course instructors and verification that the instructors possess the
following qualifications:
(a) For person in
charge certification:
(i) The instructor is a
registered environmental health specialist working in food
safety ; or
(ii) The instructor
possesses a valid
manager certification in food protection in accordance with this rule.
(b) For manager certification in
food protection:
(i)
The instructor is a registered environmental health
specialist working in food safety; or
(ii)
The instructor possesses a valid manager certification
in food protection in accordance with this rule; and
(iii)
Documentation that confirms the instructors possess approval from the course
developer to instruct the course.
(6) The names of all examination proctors and
documentation that the proctors possess approval from the examination developer
to proctor the examination;
(7) For
a manager certification in food protection course, the name of the examination
to be administered. The examination
will
comply with the criteria set by the conference for food protection standards
(April 2016) for food safety certification examination;
(8) An example of the certificate issued to
individuals who attend a person in charge certification course, which
will
contain the following:
(a)
Name of student;
(b)
Statement that student
completed "Ohio Person-in-Charge" course;
(c)
Date of course completion;
(d)
Name of training
provider; and
(e)
Course provider approval number assigned by the
director of health.
(C) Person in charge certification and
manager certification in food protection courses .
(1) An application for
approval of a person in charge certification or manager certification in food
protection course
will be completed on a form prescribed by the
director and
will contain at least the following information:
(a) The applicant's name, address, email
address and telephone number; and
(b) A copy of all course materials, such as
student manuals, written or verbal exercises, access to interactive
computer program, videos, handouts
or other materials mandated by the director of
health;
(2)
Amendments to a person in charge or manager certification in food protection
course approved by the director of
health
will be submitted to and
approved by the director of health prior to implementation.
(D) Person in charge certification and
manager certification in food protection course
curriculums.
(1) The
core content of a person in charge certification course
will
address the areas of
knowledge and the topics described in appendix A of this rule
and contain a verbal or written exercise, without the
written exercise containing a passing score.
(2) The core content of a manager
certification in food protection course
will
address the areas of knowledge and the topics described
in appendix B of this rule.
(3) A food certification course
administered through interactive
computer programming
will affirm that the course does not enable an
individual to fast forward or skip through course content.
(E) Individuals that submit with their
applications proof that they are a service member or veteran, or the spouse or
surviving spouse of a service member or veteran will receive priority
processing.
(1) The acceptable proof of
service member/veteran status documents are:
(a) Department of defense identification card
(active, retired, temporary disability retirement list (TDRL));
(b) DD214 military discharge certificate
indicating disposition of discharge;
(c) Report of separation from the national
archives national personnel records center in St. Louis, Missouri; or
(d) Veterans identification card from the
department of veterans affairs.
(2) All acceptable proof documents, except
veterans identification card,
are to show the veteran status as honorable,
general, general under honorable conditions, or discharged or released under
conditions other than dishonorable.
(F) An approved provider of a person in
charge certification course will:
(1) Prior to
implementation, submit to the director any changes such as course
materials, course agenda, instructors,
certificate of completion, or provider contact
information;
(2) Provide adequate
facilities, equipment and supplies necessary to administer the approved course;
and
(3) Provide a certificate of
completion to individuals who complete the course.
(G) An approved provider of a manager
certification in food protection course will:
(1) Prior to implementation, submit to the
director any changes such as course
materials, course agenda, instructors,
proctors, examination, or provider contact
information;
(2) Provide adequate
facilities, equipment and supplies necessary to administer the approved
course;
(3)
Ensure that, prior to administering the examination:
(a)
Instructors
affirm that students attended the entire course; and
(b)
Proctors mandate
students to provide documentation of completion of a manager course approved by
the director of health. Providers will maintain the documentation until the
provider has been audited by the director of health.
(4)
Within thirty days of administering the examination,
send to the director of health a copy of the examination score report
that includes date of examination, each individual's
name, passing grade, name of provider, and name of instructor or proctor;
and
(5) Distribute the Ohio
certification to individuals who successfully complete
a
certification course and examination within ten business days of
receiving the certifications from the director of health.
(H) The director may audit any food
certification course or provider
to determine compliance with the most current requirements in Chapter 3717-1 of
the Administrative Code and this rule.
(I) The director
may disapprove
a food certification course or
provider if the course or provider fails to meet the requirements of this rule.
An applicant, course , or course
provider may request that the director reconsider the decision and may submit
additional materials to the director in support of their request, provided that
the director receives the request for reconsideration and any additional
materials within thirty days of the date of the director's notice of
disapproval. The director
will reconsider the disapproval and
issue a final decision within thirty
days of receiving the request for reconsideration.
(J) An individual desiring manager
certification in food protection
is obligated to successfully complete a manager
certification in food protection course and examination
that meet the requirements of this rule. If the course and examination were
administered by a course provider not approved by the director of health, the
individual may apply for certification in food protection by submitting an
application to the director of health on a form prescribed by the director
along with the following:
(1) Documentation
that the individual has successfully completed a manager certification in food
protection course in accordance
with this rule; and
(2) A
certificate that confirms the individual has successfully completed a course
examination that complies with paragraph (B)(7) of this rule within one year of
completion of an approved manager certification in food protection course
.
(K) Person in charge certification:
(1) The licensor
will mandate
person in charge certification for at least one person in charge per shift in
risk level I, II, III, and IV food service operations and retail food
establishments initially licensed after March 1, 2010.
(2) The licensor
will mandate
person in charge certification for all persons in charge in food service
operations and retail food establishments initially licensed prior to March 1,
2010 that have been implicated in a foodborne disease outbreak or the licensor
has documented a failure to maintain sanitary conditions as per sections
3717.29 and
3717.49 of the Revised
Code.
(3) A person in charge of a
food service operation or a retail food establishment not subject to paragraph
(K)(2) of this rule that provides documentation to the licensor that the person
in charge has obtained manager certification in food protection issued by the
director of health is not
obligated to obtain person in charge
certification.
(4)
The licensor will mandate person in charge
certification for at least one person in charge per license holder at each
individual event in high risk mobile food service operations and high risk
mobile retail food establishments initially licensed on or after the effective
date of this rule.
(5)
The licensor will mandate person in charge
certification for all persons in charge in high risk mobile food service
operations and high risk mobile retail food establishments initially licensed
prior to the effective date of this rule that have been implicated in a
foodborne disease outbreak or the licensor has documented a failure to maintain
sanitary conditions as per sections
3717.29 and
3717.49 of the Revised
Code.
(L) A
licensor that is an approved course provider in accordance with this rule may
charge a fee as specified in division (B)(3) of section
3717.25 of the Revised Code for
retail food establishments and division (B)(3) of section
3717.45 of the Revised Code for
food service operations.
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