§ 46.102. Duties of the person in charge.

 The person in charge shall perform the following duties:

   (1)  Ensure that food facility operations are not conducted in a private home where the food facility has not been approved by the Department, or in a room used as living or sleeping quarters as specified in §  46.922(k) (relating to functionality of various physical facilities of a food facility).

   (2)  Ensure that persons unnecessary to the food facility 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, linens and unwrapped single-service and single-use articles are protected from contamination.

   (3)  Ensure that 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 chapter.

   (4)  Routinely monitor employee handwashing to ensure that employees effectively clean their hands.

   (5)  Routinely monitor employee observations and periodically evaluate foods upon receipt to ensure that employees visibly observe 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.

   (6)  Conduct daily oversight of the employees’ routine monitoring of cooking temperatures using appropriate temperature measuring devices properly scaled and calibrated in accordance with § §  46.561 and 46.691(b) (relating to accuracy of temperature measuring devices for food; and utensils and temperature and pressure measuring devices: repair and calibration), to ensure the employees are properly cooking potentially hazardous food, and are being particularly careful in cooking those foods known to cause severe foodborne illness and death, such as eggs and comminuted meats.

   (7)  Conduct daily oversight of the employees’ routine monitoring of food temperatures during cooling, to ensure that employees are using proper methods to rapidly cool potentially hazardous foods that are not held hot or are not for consumption within 4 hours.

   (8)  Ensure that consumers who order raw or partially cooked ready-to-eat foods of animal origin are informed, in accordance with §  46.423 (relating to consumer advisory required with respect to animal-derived foods that are raw, undercooked or not otherwise processed to eliminate pathogens), that the food is not cooked sufficiently to ensure its safety.

   (9)  Routinely monitor solution temperature and exposure time for hot water sanitizing, and chemical concentration, pH, temperature and exposure time for chemical sanitizing, to ensure that employees properly sanitize cleaned multiuse equipment and utensils before they are reused.

   (10)  Ensure that consumers are notified that clean tableware is to be used when they return to self-service areas such as salad bars and buffets, in accordance with §  46.306 (relating to using clean tableware for second portions and refills).

   (11)  Ensure that employees prevent 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, or by following a procedure approved under §  46.261(d) (relating to preventing contamination from food employees’ hands).

   (12)  Ensure that employees are properly trained in food safety as it relates to their assigned duties.