§ 76.17. Preemption and local governmental authority.

 (a)  General. The regulation of food safety protection and training standards for employees of food establishments is preempted by the Department except that, in accordance with section 6503(f) of the act (relating to certification advisory board and programs), a food employee certification program established by a county, city, borough or incorporated town or township prior to September 1, 1994, may remain in effect.

 (b)  Limitation of local certification. If a county, city, borough, incorporated town or township elects to operate a food employee certification program that was in existence prior to September 1, 1994, the certification of persons under that local program shall be valid only within the geographic boundaries of the local government unit. This program validity may be extended to other states or local government units through agreements among other states, or local government units which operate food employee certification programs that predate September 1, 1994.

 (c)  Option of certain local government units. A county, city, borough, incorporated town or township having a food employee certification program that was in effect prior to September 1, 1994, may apply to the Department in accordance with the procedure in §  76.5 (relating to approved certification training programs: obtaining the Department’s approval) to become an approved certification training program with respect to one or more certification category, as described in §  76.5(b)(2).

 (d)  Effect of a local government unit’s decision with respect to exercising option. If a county, city, borough, incorporated town or township having a food employee certification program which was in effect prior to September 1, 1994, does not exercise the option described in subsection (c) or does not obtain Departmental approval of its certification training program, the unit of local government shall retain exclusive responsibility for certification of the food employees.

   The provisions of this §  76.17 amended August 6, 2004, effective August 7, 2004, 34 Pa.B. 4139. Immediately preceeding text appears at serial pages (260101) to (260102).