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Responsibility
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2-101.11
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Assignment.*
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The LICENSEE shall be the PERSON IN CHARGE or shall designate a PERSON IN CHARGE and
shall ensure that a PERSON IN CHARGE is present at the FOOD ESTABLISHMENT during all
hours of operation.
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Knowledge
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2-102.11
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Demonstration.*
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Based on the RISKS of foodborne illness inherent to the FOOD operation, during inspections
and upon request the PERSON IN CHARGE shall demonstrate to the REGULATORY AUTHORITY
knowledge of foodborne disease prevention, application of the HAZARD Analysis and
CRITICAL CONTROL POINT principles, and the requirements of this Code. The PERSON IN
CHARGE shall demonstrate this knowledge by:
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(A) Being a certified FOOD protection manager who has shown proficiency of required
information through passing a test that is part of an ACCREDITED OR APPROVED PROGRAM;
or
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(B) Responding correctly to the inspector's questions as they relate to the specific
FOOD operation. The areas of knowledge include:
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(1) Describing the relationship between the prevention of foodborne disease and the
personal hygiene of a FOOD EMPLOYEE;
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(2) Explaining the responsibility of the PERSON IN CHARGE for preventing the transmission
of foodborne disease by a FOOD EMPLOYEE who has a disease or medical condition that
may cause foodborne disease;
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(3) Describing the symptoms associated with the diseases that are transmissible through
FOOD;
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(4) Explaining the significance of the relationship between maintaining the time and
temperature of POTENTIALLY HAZARDOUS FOOD and the prevention of foodborne illness;
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(5) Explaining the HAZARDS involved in the consumption of raw or undercooked MEAT,
POULTRY, EGGS, and FISH;
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(6) Stating the required FOOD temperatures and times for safe cooking of POTENTIALLY
HAZARDOUS FOOD including MEAT, POULTRY, EGGS, and FISH;
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(7) Stating the required temperatures and times for the safe refrigerated storage,
hot holding, cooling, and reheating of POTENTIALLY HAZARDOUS FOOD;
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(8) Describing the relationship between the prevention of foodborne illness and the
management and control of the following:
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(a) Cross contamination,
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(b) Bare hand contact with READY-TO-EAT FOODS,
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(c) Handwashing, and
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(d) Maintaining the FOOD ESTABLISHMENT in a clean condition and in good repair;
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(9) Describing FOODS identified as MAJOR FOOD ALLERGENS that could cause an allergic
reaction in a sensitive individual.
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(10) Explaining the relationship between FOOD safety and providing EQUIPMENT that
is:
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(a) Sufficient in number and capacity, and
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(b) Properly designed, constructed, located, installed, operated, maintained, and
cleaned;
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(11) Explaining correct procedures for cleaning and SANITIZING UTENSILS and FOOD-CONTACT
SURFACES of EQUIPMENT;
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(12) Identifying the source of water used and measures taken to ensure that it remains
protected from contamination such as providing protection from backflow and precluding
the creation of cross connections;
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(13) Identifying POISONOUS OR TOXIC MATERIALS in the FOOD ESTABLISHMENT and the procedures
necessary to ensure that they are safely stored, dispensed, used, and disposed of
according to LAW;
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(14) Identifying CRITICAL CONTROL POINTS in the operation from purchasing through
sale or service that when not controlled may contribute to the transmission of foodborne
illness and explaining steps taken to ensure that the points are controlled in accordance
with the requirements of this Code;
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(15) Explaining the details of how the PERSON IN CHARGE and FOOD EMPLOYEES comply
with the HACCP PLAN if a plan is required by the LAW, this Code, or an agreement between
the REGULATORY AUTHORITY and the FOOD ESTABLISHMENT;
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(16) Explaining the responsibilities, rights, and authorities assigned by this Code
to the:
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(a) FOOD EMPLOYEE,
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(b) CONDITIONAL EMPLOYEE,
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(c) PERSON IN CHARGE,
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(d) REGULATORY AUTHORITY; and
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(17) Explaining how the PERSON IN CHARGE, FOOD EMPLOYEES, and CONDITIONAL EMPLOYEES
comply with reporting responsibilities and EXCLUSION or RESTRICTION of FOOD EMPLOYEES.
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2-102.20
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Food Protection Manager Certification.
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A PERSON IN CHARGE who demonstrates knowledge by being a FOOD protection manager that
is certified by a FOOD protection manager certification program that is 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 is deemed to comply with ¶ 2-102.11(A).
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Duties
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2-103.11
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Person in Charge.
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The PERSON IN CHARGE shall ensure that:
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(A) FOOD ESTABLISHMENT operations are not conducted in a private home or in a room
used as living or sleeping quarters as specified under '6-202.111;
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(B) PERSONS unnecessary to the FOOD ESTABLISHMENT operation are not allowed in the
FOOD preparation, FOOD storage, or WAREWASHING areas, except that brief visits and
tours may be authorized by the PERSON IN CHARGE if steps are taken to ensure that
exposed FOOD; clean EQUIPMENT, UTENSILS, and LINENS; and unwrapped SINGLE-SERVICE
and SINGLE-USE ARTICLES are protected from contamination;
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(C) EMPLOYEES and other PERSONS such as delivery and maintenance PERSONS and pesticide
applicators entering the FOOD preparation, FOOD storage, and WAREWASHING areas comply
with this Code;
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(D) EMPLOYEES are effectively cleaning their hands, by routinely monitoring the EMPLOYEES'
handwashing;
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(E) EMPLOYEES are visibly observing FOODS as they are received to determine that they
are from APPROVED sources, delivered at the required temperatures, protected from
contamination, unadulterated, and accurately presented, by routinely monitoring the
EMPLOYEES' observations and periodically evaluating FOODS upon their receipt;
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(F) EMPLOYEES are properly cooking POTENTIALLY HAZARDOUS FOOD, being particularly
careful in cooking those FOODS known to cause severe foodborne illness and death,
such as EGGS and COMMINUTED MEATS, through daily oversight of the EMPLOYEES' routine
monitoring of the cooking temperatures using appropriate temperature measuring devices
properly scaled and calibrated as specified under § 4-203.11 and § 4-502.11(B);
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(G) EMPLOYEES are using proper methods to rapidly cool POTENTIALLY HAZARDOUS FOODS
that are not held hot or are not for consumption within 4 hours, through daily oversight
of the EMPLOYEES' routine monitoring of FOOD temperatures during cooling;
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(H) CONSUMERS who order raw or partially cooked READY-TO-EAT FOODS of animal origin
are informed as specified under § 3-603.11 that the FOOD is not cooked sufficiently
to ensure its safety;
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(I) EMPLOYEES are properly SANITIZING cleaned multiuse EQUIPMENT and UTENSILS before
they are reused, through routine monitoring of solution temperature and exposure time
for hot water SANITIZING, and chemical concentration, pH, temperature, and exposure
time for chemical SANITIZING;
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(J) CONSUMERS are notified that clean TABLEWARE is to be used when they return to
self-service areas such as salad bars and buffets as specified under § 3-304.16;
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(K) Except when APPROVAL is obtained from the REGULATORY AUTHORITY as specified in
¶ 3-301.11(D), EMPLOYEES are preventing cross-contamination of READY-TO-EAT FOOD with
bare hands by properly using suitable UTENSILS such as deli tissue, spatulas, tongs,
single-use gloves, or dispensing EQUIPMENT;
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(L) EMPLOYEES are properly trained in FOOD safety as it relates to their assigned
duties; and
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(M) FOOD EMPLOYEES and CONDITIONAL EMPLOYEES are informed of their responsibility
to report in accordance with LAW, to the PERSON IN CHARGE, information about their
health and activities as they relate to diseases that are transmissible through FOOD,
as specified under ¶ 2-201.11(A).
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