Current through all regulations passed and filed through March 18, 2024
(A)
In accordance
with section 3717.09 of the Revised Code, the
director of health shall approve the following categories of food certification
courses of study:
(1)
Person in charge certification covering the principles
of food safety and the requirements of paragraph (B) of rule 3717-1-02.4 of the
Administrative Code. A person in charge certification course approved by the
director of health prior to the effective date of this rule shall maintain its
approval until a new 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 course is not submitted and approved
within twelve months of the effective date of this rule, the course will no
longer be approved.
(2)
Manager certification in food
protection.
(B)
Any person desiring to apply to the director of health
for approval to conduct a food certification course of study shall 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 shall 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 of study and as specified in appendix B
of this rule for a manager certification in food protection course of
study;
(4)
A description of any methods of training to be used
such as classroom instruction, guest speakers, interactive computer
programming, interactive video, or distance learning;
(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 sanitarian working in food safety or related experience;
or
(ii)
The instructor has successfully completed a manager
certification in food protection course in accordance with this
rule.
(b)
For manager certification in food protection:
(i)
A minimum of four
years of experience either conducting training or teaching food safety; working
in the food service industry; working as a registered sanitarian in food
safety, or related food safety experience; and
(ii)
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
used. The examination shall 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 shall contain the
following:
(a)
The name of the course provider;
(b)
The name of the
course completed;
(c)
The date of course completion; and
(d)
The course
provider approval number assigned by the director of health.
(C)
Person in charge certification and manager
certification in food protection courses of study.
(1)
An application
for approval of a person in charge certification or manager certification in
food protection course of study shall be completed on a form prescribed by the
director and shall 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,
instructor notebooks, access to interactive computer program, videos, and
handouts;
(2)
Amendments to a person in charge or manager
certification in food protection course of study approved by the director of
health, shall be submitted to the director of health for approval prior to
implementation.
(D)
Person in charge
certification and manager certification in food protection courses of study
curriculum.
(1)
The core content of a person in charge certification course of study shall
contain a curriculum that complies with appendix A of this
rule.
(2)
The core content of a manager certification in food
protection course of study shall contain a curriculum that complies with
appendix B of this rule.
(3)
A food certification course of study administered
through interactive computer programming shall 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, must 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 shall:
(1)
Prior to implementation, submit to the director any
changes to the course agenda, instructors, 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 shall:
(1)
Prior to implementation, submit to the director any
changes to the course agenda, instructors, or provider contact
information;
(2)
Provide adequate facilities, equipment and supplies
necessary to administer the approved course;
(3)
Within thirty
days of the course conclusion, send to the director of health a copy of the
final enrollment report for the course with each individual's name, passing
grade, name of provider, and name of instructor or proctor; and
(4)
Distribute the
Ohio certification to individuals who successfully complete the certification
program within ten business days of receiving the certifications from the
director of health.
(H)
The director may
audit any food certification course of study or provider to determine
compliance with the most current requirements in Chapter 3717-1 of the
Administrative Code and this rule.
(I)
The director
shall disapprove a food certification course of study or provider if the course
or provider fails to meet the requirements of this rule. An applicant, course
of study, 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 shall reconsider the
disapproval and shall issue a final decision within thirty days of receiving
the request for reconsideration.
(J)
An individual
desiring manager certification in food protection shall complete a manager
certification in food protection course and successfully pass the approved
course 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 of study 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 of
study.
(K)
Person in charge certification:
(1)
The licensor
shall 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
shall 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 required to obtain person in charge certification.
(L)
A
licensor that is an approved course provider in accordance with this rule may
charge a fee in accordance with 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.
Replaces: 3701-21-25
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