§ 251-Z-12 — Food safety education

§ 251-z-12. Food safety education. 1. Every retail food store licensed\nunder this article shall have an individual in a position of management\nor control assigned to it who has been issued a certificate of\ncompletion from an approved food safety education program. Individuals\nwho have completed a food safety education program pursuant to this\nsection shall only be assigned to one retail store for the purpose of\ncompliance with this section. For purposes of this section, a retail\nfood store shall be defined as an establishment or section of an\nestablishment, licensed pursuant to this article, where food and food\nproducts are offered to the consumer and are intended for off-premises\nconsumption.\n 2. This section shall not apply to a food store that:\n a. has as its only full-time employees the owner thereof, or the\nparent, spouse or child of the owner, or in addition thereto not more\nthan two full-time employees; or\n b. had annual gross sales in the previous calendar year of less than\nthree million dollars, excluding petroleum products, unless the food\nstore is a part of a network of subsidiaries, affiliates or other member\nstores, under direct or indirect common control, which, as a group, had\nannual gross sales the previous calendar year of three million dollars\nor more.\n Notwithstanding the provisions of paragraphs a and b of this\nsubdivision, if at any time the commissioner is not satisfied that an\napplicant is competent to offer for sale potentially hazardous products,\nthen the commissioner may require such applicant to comply with the\nrequirements of this section.\n 3. Such program shall consist of not less than eight hours of training\nreceived within two years prior to the commencement of the license\nperiod or, if the program required the passing of a test, within five\nyears prior to the commencement of the license period. The program shall\ncover one or more of the following topics: New York state food safety\nstatutes and regulations; food microbiology, including a review of\npathogenic and spoilage microorganisms; food-borne illnesses, including\ncausative agents, symptoms, and prevention; HACCP (Hazardous Analysis\nCritical Control Point); cleaning and sanitation; personal hygiene;\ntemperature control, including heating, cooling, and storage standards;\nand food security, including identifying risks, implementing preventive\nmeasures and pest control. Certifications of completion of an approved\nfood safety education program that does not require the passing of a\ntest shall be valid for a period of two years from the date of issuance.\nCertifications of completion of an approved, nationally accredited food\nsafety education program that requires the passing of a test shall be\nvalid for a period of five years from the date of issuance.\nRe-certification of an individual previously certified shall only be\ngranted upon his or her completion of the program requirements in\naccordance with this subdivision.\n 4. Food safety education programs established for purposes of this\nsection shall be approved by the commissioner and may only be offered by\na federal or state agency, an accredited college or university, a chain\nstore having ten or more retail units, a grocery wholesaler supplying\ntwenty or more food stores, a franchisor with ten or more franchisees, a\ncooperative with twenty or more members or a trade association with\nfifty or more members representing the interests of retail food stores.\nEntities that offer approved food safety education programs shall issue\na certificate of completion to every individual who completes an\napproved program. Such certificate shall consist of a form approved by\nthe commissioner and shall be posted in a manner prescribed by the\ncommissioner in the individual's place of business. A copy of every\ncertificate of completion shall be filed with and maintained by the\ncommissioner. A certificate of completion shall not be invalidated by a\nchange of employment to another licensee.\n 5. Any entity approved pursuant to subdivision four of this section to\noffer food safety education programs pursuant to this section shall\nsubmit, for each application and renewal, a non-refundable fee of two\nhundred dollars, in a form approved by the commissioner, together with a\ncopy of the proposed curriculum, or a syllabus of a nationally\naccredited food safety program upon request by the commissioner, and\nsuch other documentation as required by the commissioner. The\ncommissioner shall issue a certificate of approval to those entities\nauthorized to offer food safety education programs. Each certificate of\napproval shall be good for a period of two years and may be revoked for\nfailure to comply with this section and any department rule or\nregulation promulgated to implement this section.\n 6. The commissioner shall allow a licensee a period of up to thirty\ndays to come into compliance with this section where the person assigned\nto the retail store who has been certified as having completed the\napproved food safety education program separates from his or her place\nof employment. The commissioner may, upon determination that a retail\nstore has exercised due diligence in complying with this subdivision,\nauthorize an additional amount of time for compliance with the\nrequirements of this section in the event such store shall not\nimmediately assign an individual certified pursuant to this section.\nSuch additional amount of time shall not exceed thirty days.\n