No. 37084 (New Rule): Rule R392-102. Food Handler Training and Certification

(New Rule)

DAR File No.: 37084
Filed: 11/30/2012 11:17:47 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Under the previous subsection, R392-100-2(2)(d), which is proposed for removal by a simultaneous filing, food handler safety programs were largely under the control of each local health department. This was largely based on their authority to act to protect the safety of food as authorized by statute. For example, see Subsection 26A-1-106(3)(d). Regulated entities raised a concern about the lack of uniformity, among other issues. This rule, after input from those entities, Legislators and local health departments, proposes a statewide, uniform approach that addresses the need to protect food safety. Food handler training and certification requirements are addressed by this rule. Minimum food handler training and certification requirements are established. The process is established that food handlers will follow to receive training and be certified as food handlers. Private business will be allowed to play a significant role in this process, while the indispensable role of local and state public health officials to monitor and oversee this process is maintained. The authority of local health departments to fund their monitoring and oversight functions by fees, pursuant to county ordinance or interlocal agreement as set forth in Subsection 26A-1-114(1)(h), is maintained, if the fee is standard and uniform across the state. These fees are set in a transparent, accountable fashion, after public hearing and approval by local elected officials.

Summary of the rule or change:

Section R392-102-1 outlines the known risks to the public from improper handling of food by food handlers or poor personal hygiene of food handlers. A uniform, statewide process to address these risks is proposed. In Section R392-102-2, changes are made to definitions of key terms, including making it clear that food handler cards are valid statewide, as well as the important role of private business in this process. In Section R392-102-3, the procedure for issuing statewide recognition through reciprocity, and renewal of food handler cards is changed. Cards are valid for three years. Cards will be issued without requiring food handlers to travel to the local health department offices. Between certification by the testing organization and issuance of the card, food handlers may work for up to 14 days. In Section R392-102-4, the rule shows the suspension or revocation procedures for cards. In Section R392-102-5, food handler training requirements are detailed, including the role of private business in this process. In Section R392-102-6, examination requirements including recognition of ANSI approved tests that are tailored to meet Utah's standards. Use of the state questions is allowed. An option to approve a different set of questions is permitted, at the expense of the entity making the proposal. In Section R392-102-7, registration, approval, and monitoring of food handler providers is changed. Approval is valid for five years.

State statutory or constitutional authorization for this rule:

• Section 26-15-5
• Subsection 26A-1-114(1)(h)
• Subsection 26-1-30(2)

Anticipated cost or savings to:

the state budget:

There will be an increase in workload at the Department to administer this program, but the costs will be covered by existing funding.

local governments:

There may be a reduction in fees received for training at some local health departments as private food handler training programs replace training which has been provided by local health departments. Fees received for issuing of food handler cards should remain neutral, if not lower, as the renewal frequency has been uniformly set at three years, where the frequency previously varied.

small businesses:

There is a potential for small businesses to increase their revenue from training as they compete in the new market authorized by this rule. Although the rule does not require that a provider use their own test, there will be a cost of approximately $500 to $1,000 every five years to certify their test if the provider chooses this option. This will be paid to an outside vendor as required by rule.

persons other than small businesses, businesses, or local governmental entities:

There is potential for large businesses to increase their revenue from training as they compete in the new market authorized by this rule. Although the rule does not require that a provider use their own test, there will be a cost of approximately $500 to $1,000 every five years to certify their test if the provider chooses this option. This will be paid to an outside vendor as required by rule.

Compliance costs for affected persons:

The implementation of this rule will mean a shift in financial streams for all parties currently involved in food handler training and certification as it is anticipated that the private industry market portion will increase for the training required. The costs for training will be market driven and not restrained or mandated by this rule. Costs to individuals for issuance of food handler cards should be unchanged.

Comments by the department head on the fiscal impact the rule may have on businesses:

Moving from a food handler training, testing, and certification process that was somewhat different from county to county should have a positive impact on businesses that operate in more than one county. This rule requires that the process be uniform statewide and that cards be valid for three years and be accepted throughout the state. The vital role of local and state public health officials to protect food safety is maintained. The ability of local health officials to fund those necessary activities by properly adopted, uniform fees is allowed, but not mandated. No significant negative fiscal impact on business, small or otherwise is anticipated. Public input during the comment period, which will not be closed until the 2013 General Session of the Legislature has adjourned, will be carefully evaluated.

David Patton, PhD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Disease Control and Prevention, Environmental Services
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Ronald Marsden at the above address, by phone at 801-538-6191, by FAX at 801-538-6564, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/15/2013

This rule may become effective on:

03/25/2013

Authorized by:

David Patton, Executive Director

RULE TEXT

R392. Health, Disease Control and Prevention, Environmental Services.

R392-102. Food Handler Training and Certification.

R392-102-1. Purpose.

(1) This rule requires that food handler training, testing, certification and fees follow uniform statewide standards.

(2) The Centers for Disease Control and Prevention has identified five risk factors associated with food-borne illness outbreaks. Four of the five risk factors result from improper handling of food by food handlers or poor personal hygiene of food handlers.

(3) Proper training allows food handlers the ability to apply the knowledge gained to prevent food borne diseases. Testing of food handlers confirms that knowledge of correct food handling techniques was gained. A food handler card, which will be accepted statewide, provides a tool for the Department to certify that food handlers have received state standardized training and testing.

(4) Local monitoring of this process is critical to protect the public. Coordination between this process and inspection of regulated facilities, is necessary to quickly and effectively respond to identified risks. Recognizing the essential work of local public health officials, with their close accountability to local elected officials, maintains local control and responsiveness to local concerns.

(5) The authority of local health departments to fund their monitoring and oversight functions by fees, pursuant to county ordinance or interlocal agreement as set forth in Section 26A-1-114(1)(h), is maintained, if the fee is standard and uniform across the state.

 

R392-102-2. Definitions.

(1) "Department" means the Utah Department of Health.

(2) "Executive Director" means the Executive Director of the Utah Department Of Health or designated representative.

(3) "Food handler" means any person working part-time or full-time in a food establishment as defined in R392-100, who moves food or food containers, prepares, stores, or serves food; comes in contact with any food, utensil, tableware or equipment; or washes the same. The term also includes owners, supervisors, management persons, and any other person working in a food-service establishment. The term also includes any operator or person employed by one who handles food dispensed through vending machines; or who comes into contact with food contact surfaces or containers, equipment, utensils, or packaging materials used in connection with vending machine operations; or who otherwise services or maintains one or more vending machines.

(4) "Food Handler Card" means a card issued by the local health department to a person after taking a course offered by a registered food handler training provider and passing a test which meet the standards of this rule and which gives the person the right to handle food in food establishments in the state.

(5) "Food Handler Certification" means the documentation of the completion of food handler training and passing of the state approved test before a food handler card is issued.

(6) "Independent Education Expert" means a person who has received training and has a graduate degree from an accredited University with a certification in psychometrics.

(7) "Local Health Officer" means the director of the jurisdictional local health department as defined in 26A, Chapter 1, or his designated representative.

(8) "Registered Food Handler Training Provider" means an entity, private or public, that has registered with the Department to offer food handler training, testing, and certification of food handlers.

 

R392-102-3. Food Handler Card Issuing Procedure, Reciprocity, and Renewal.

(1) All food handlers must have a valid food handler card issued by a local health officer in the local health district where the food handler resided at the time of certification. The local health officer shall issue a food handler card by mail or in person to all food handlers certified by a registered food handler training provider unless R392-102-4(1)(a) or (b) applies. Registered food handler training providers shall certify food handlers with a certificate issued to the food handler and the transmission of an electronic notification of the certification to a local health department. Certification notification must be sent to the local health department within 5 business days after testing is completed.

(2) Food handler cards issued under authority of this rule shall be accepted statewide by all local health departments until the date of expiration, revocation, or suspension of the food handler card.

(3) If a local health department imposes a fee, pursuant to Section 26a-1-114(1)(h), for the verification of certification, the issuance of the food handler card, or other costs associated with administering this program, the fee shall be collected by the food handler training provider and conveyed to the local health department in the county where the food handler resides along with the certification notification set forth in R392-102-3(1).

(4) Food handler cards issued shall be uniform statewide and contain the following information:

(a) "Utah Food Handler Card" as the title;

(b) Name of the food handler;

(c) Expiration Date;

(d) Identification number which begins with a two letter unique identifier of the training provider and up to 6 characters following the two letter identifier;

(e) Name of health department who issued the card;

(f) "This Card is Not a Legal Form of Identification"

stated at the bottom of the card;

(g) Utah State seal; and

(h) On the back of the card, the following information must be presented:

(i) Card must be presented upon request by the health authority;

(ii) Card may be revoked for cause; and

(iii) No other food handler card is approved in the State of Utah.

(5) Except when Subsections R392-102-3(8) through (10) apply, a food handler must possess a valid food handler card issued by a local health officer before being allowed to handle food for the public.

(6) With the exception of temporary events, food service establishments shall have a copy of the food handler card of each employee that works in the establishment on file. If the food handler is working at a temporary event, the food handler must have a food handler card to show to the health authority, if asked, but does not have to have a copy of the card in an establishment file.

(7) Food handler cards shall be valid for 3 years from the date of issuance. Food handler cards must be renewed every 3 years by completing an approved food handler training course, passing an exam administered by an approved registered food handler testing provider, and receiving a food handler card from the local health department.

(8) A food service employee who has a food handler training certification that has been submitted to the local health department may handle food during a short interim period not to exceed 14 days while the food handler card application is being processed.

(9) An individual certified as a food safety manager under R392-101 shall be exempt from Subsection R392-102-3(5).

(10) The local health officer shall accept a food handler card issued to a back country outfitter by the United States Department of the Interior, or by a public health authority in Arizona, Colorado, Idaho, Nevada, or Wyoming. This applies only to food handling done at a back country food establishment that meets the exemption requirements of Section 26-15a-105(1)(i).

 

R392-102-4. Suspension or Revocation of Food Handler Cards.

(1) The local health officer may revoke or suspend a food handler card if:

(a) A food handler is ill with a food transmissible disease and is handling food or

(b) If two or more inspections within two years document that a food handler has at least twice failed to apply the same learning objective listed in R392-102-5.

(2) The local health department may confiscate any food handler card which cannot be authenticated by a local health department.

 

R392-102-5. Food Handler Training Requirements.

(1) A food handler training course offered by registered food handler training providers must provide education focused on Utah Rule R392-100 (which incorporates the FDA national model food code standard), and shall contain information regarding the illness prevention risk factors and the bulleted learning objectives as listed below each risk factor in R392-102-5(1)(a) through (e):

(a) Proper hot or cold holding temperatures of food which requires time or temperature control for safety;

(i) List the temperature danger zone.

(ii) Describe the correct procedure for holding cold foods and hot foods.

(iii) List the appropriate temperatures for refrigerators, freezers and steam tables.

(iv) Identify the hazards of leaving potentially hazardous foods (foods that require time or temperature controls for safety, TCS) at room temperature.

(v) Define potentially hazardous foods (foods that require time or temperature controls for safety, TCS).

(vi) List the population groups that are the most vulnerable to food-borne illness.

(vii) Discuss how bacterial growth occurs in food.

(viii) Identify the most common causes of food-borne illness.

(ix) List sources of microbes.

(b) Proper cooking, reheating, and cooling temperatures of food;

(i) List the required final cook temperatures for foods.

(ii) List the final temperature for reheating leftovers.

(iii) Describe the relationship between cooking time and temperature in killing microorganisms.

(iv) Describe the steps used to cool food rapidly.

(v) Describe the proper procedure to thaw frozen foods.

(c) Control of dirty or contaminated utensils and equipment including prevention of cross contamination and proper ware washing and sanitizing;

(i) Discuss how a food handler might contaminate food.

(ii) Define cross-contamination.

(iii) List the possible sources of cross-contamination when handling food.

(iv) Identify the steps to prevent cross-contamination.

(v) Stress the importance of eliminating bare-hand contact with ready-to-eat food through utensils or gloving.

(vi) Define cleaning and sanitizing and correct procedures for each.

(vii) Identify the chemicals that can be used to clean and sanitize food-contact surfaces.

(viii) Describe the correct concentration of cleaning and sanitizing solutions used on food-contact surfaces and how to test the concentrations.

(ix) Identify when surfaces should be cleaned and sanitized.

(x) Describe the correct procedures to use and store chemicals.

(xi) Describe the 3-sink method of cleaning and sanitizing pots and pans and how to correctly dry dishes.

(xii) Describe the correct procedure for cleaning and sanitizing using a dishmachine.

(xiii) Proper cleaning and sanitizing steps.

(xiv) Describe the correct procedures for storing dishes and utensils.

(xv) Describe the correct procedures to handle trash and garbage.

(d) Employee health and hygiene requirements including food-borne illness prevention training;

(i) List the personal hygiene practices that the food handler can take to prevent food contamination.

(ii) Describe the steps necessary for proper handwashing and when a double handwash is required.

(iii) Describe how hands become contaminated and when and where handwashing should occur.

(iv) List appropriate clothing and hair restraints.

(v) List the illness symptoms that must be reported to the manager.

(vi) Describe the correct procedures to prevent food-borne illness from a cut, burn or other wound.

(vii) Describe under what conditions an employee may eat, drink or use any form of tobacco and the precautions to take after these activities.

(viii) Define a food-borne illness.

(ix) State how often a food handler card has to be renewed.

(e) Using food from only approved sources.

(i) Identify the correct procedure for storing and rotating stock.

(2) Registered food handler training providers shall add training objectives and topics which the Department identifies by rule as being a cause of a food-borne illness outbreak or serious threat to the health of food service facility patrons.

(3) The registered food handler training provider must maintain a list of past and current trainers denoting the dates the trainer taught food handler courses. The trainer list must be available for audit by the Department. On-line trainers must maintain a list of which course version is taught on-line by date.

(4) Each time a food handler card is renewed, the food handler must take a training course before they may take a food handler test.

 

R392-102-6. Examination Requirements .

(1) Tests that have been approved by the American National Standards Institute under standard ANSI/ASTM E2659-09 are approved if documentation is provided to the Department that the test is based on R392-100 and meets the requirements of R392-102-5(1)(a) through (e).

(2) A food handler training provider may use the bank of food handler test questions issued by the Department. The test must contain a minimum of 30 questions with the following number of questions from each of the risk factors listed in R392-102-5(1)(a) through (e)(if a test contains more than 30 questions, then the proportion of the questions for each category shall be the same as provided in (a) through (e)):

(a) Seven questions from proper hot or cold holding temperatures of food and associated microbiology;

(b) Five questions from proper cooking, reheating, and cooling requirements of food;

(c) Ten questions from control of dirty or contaminated utensils and equipment, including prevention of cross contamination, and proper ware washing and sanitizing;

(d) Seven questions from employee health and hygiene requirements including food-borne illness training; and

(e) One question from using food from only approved sources.

(3) The provider may also request approval of a different bank of test questions. For approval, the food handler training provider shall submit to the Department the proposed bank of at least 100 test questions organized by the required learning objectives listed in this rule. There shall be at least two questions in the pool from each of the associated objectives listed under the risk factors in Subsection R392-102-5(1)(a) through (e). In addition, the training provider shall contract with an independent education expert approved by the Department. The independent education expert shall analyze a food handler testing provider's bank of test questions to effectively measure the applicant's knowledge of the learning objectives outlined in this rule and assure the questions meet the expert's testing standards for question structure. The training provider shall be responsible for the costs of the independent education expert's evaluation. The Department must approve any change in the provider offered test question bank before implementation. The Department may not issue approval of a food handler training provider that uses their own bank of test questions until the independent education expert provides a positive recommendation for use of the test to the Department.

(4) The Department may require changes to the test questions if the Department finds that the questions inadequately test the learning objectives. Food handler training providers shall update the test questions used within thirty (30) days of written notice of the change.

(5) A person must answer at least 70% of the questions correctly to pass the examination and be eligible to receive a food handler card.

(6) A food handler examination offered by training providers may be written or on-line. Oral exams may also be conducted individually when circumstances require it such as when an applicant's language or reading abilities interfere with taking a written or an on-line test. Registered food handler training providers must include in their operating plan procedures to ensure that the person taking the exam is the same person who is certified.

(7) Food handler training providers must routinely rotate test questions from the test question bank, the order of questions in tests, and the order of multiple choice answers in questions to discourage cheating.

(8) Training providers shall:

(a) Institute procedures in their operating plan to ensure that cheating on examinations does not take place. Training providers shall ensure that exams are protected from being compromised, protected from unauthorized access, and available to candidates only during test time. If testing is done over the internet, registered food handler training providers must submit documentation to the Department on request regarding the security measures taken to ensure the person taking the exam is the same person receiving the training certificate.

(b) Maintain records of each candidate's name, date of birth, gender, date of examination, and name of instructor for at least three years and provide this to a local health department. This must be provided to the local health department within whose jurisdiction the applicant lives within 5 business days as required in R392-102-3(1).

 

R392-102-7. Food Handler Training Provider Registration, Approval, and Auditing .

(1) A provider must offer both training and testing to be registered. All food handler training providers must first register with the Department before they may offer food handler training and testing in the state. All food handler training providers that have been approved by the Department or a Utah local health department before the effective date of this rule may continue to provide food handler training and testing for six months from the effective date of this rule. After six months, the food handler training providers must be registered with the Department and use the Department bank of test questions, have their test approved by an independent education expert, or submit documentation of ANSI certification per R392-102-6(1).

(2) As part of the registration process, the Department shall provide food handler training providers a copy of this rule. To be registered the training providers must sign an affidavit provided by the Department that states the provider will comply with the requirements of this rule and shall abide by confidentiality agreements if the provider chooses to use the Department provided test. The provider must present to the Department at the time of registration a summary of how the training program meets the training objectives contained in R392-102-5.

(3) Food handler training providers shall submit to the Department the provider's bank or pool of test questions that meet the requirements of 392-102-6 unless the provider chooses to use the state bank of questions.

(4) Food handler training providers must re-register with the Department every five years. The provider shall follow the requirements of R392-102-7(2) for re-registration.

(5) Registered food handler training providers are subject to Department audit to determine compliance with this rule. Registered food handler training providers shall cooperate with Department auditors by providing needed course training materials, on-line access to training sites, and test materials to allow an adequate audit. The Department may conduct audits either at random or on a complaint basis to determine compliance with the requirements of this rule.

(6) If a registered food handler training provider is found to be non-compliant during an audit, the registration shall be revoked, and the provider shall cease offering training classes and food handler certifications until the approved Department corrective action is taken to correct the violation. Until the violation is corrected, the certification of food handlers by this food handler training provider shall not be accepted for the issuing of food handler cards by the local health officer from the date the registered food handler training provider was found to be non-compliant.

(7) Registered food handler training providers shall comply with the Americans with Disability Act (ADA) access requirements irrespective of the size of the training operation.

 

KEY: public health, food services, food handler permits, food handler certification

Date of Enactment or Last Substantive Amendment: 2013

Authorizing, and Implemented or Interpreted Law: 26-1-30(2); 26-15-5; 26A-1-114(1)(h)

 

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