§ 76.3. Requirements for food establishments.

 (a)  General requirement. A food establishment that is not exempt from compliance under §  76.1(d) (relating to compliance) shall comply with the act and this chapter.

 (b)  Certified supervisory employee. A food establishment shall employ or designate at least one certified supervisory employee who holds a valid certificate issued by the Department under authority of the act and this chapter. The certificate shall be in the general certification category unless one of the following applies:

   (1)  The food establishment engages only in one or more specific, identified food processing activities (such as making cider or preparing frozen desserts), in which case a certificate in the process-specific certification category, pertinent to the processing conducted at the food establishment, shall suffice.

   (2)  The food establishment’s personnel engage only in the limited handling of potentially hazardous foods (such as persons who handle food products that do not require any preparation by the food establishment other than to place the food on or in a cooking or warming unit), in which case a certificate in the modified certification category, pertinent to the food handling conducted at the food establishment, shall suffice.

   (3)  The food establishment is a nonprofit entity that, although otherwise exempt from compliance under §  76.1(d) voluntarily seeks certification under section 4(c)(2) of the act, regarding certification of employees, in which case a certificate in the nonprofit certification category shall suffice.

 (c)  New food establishment. A new food establishment shall comply with subsection (b) within 90 days of the date it commences operation.

 (d)  Employee turnover. If a food establishment loses its only certified supervisory employee through employee turnover or for any other reason, the food establishment shall comply with subsection (b) within 3 months of the date it lost its previous certified supervisory employee.

 (e)  Certification records. A food establishment shall maintain, at the food establishment site, a list of certified supervisory employees under its employment during the last 4 months including: name, certificate number, certification category, issuance date, expiration date, date employment began and date employment terminated.

 (f)  Availability of records. Upon request by the Department, a food establishment shall make the records described in subsection (e) available for inspection by the Department during normal business hours of the food establishment.

 (g)  Posting of certificate. A food establishment shall post the original certificate of its certified supervisory employee in public view at its business location.

 (h)  Return of certificate. A certificate is the property of the Department and is issued to the individual person identified on its face. A food establishment shall promptly deliver the certificate to a certified supervisory employee who leaves the employ of the food establishment or who otherwise ceases to be a certified supervisory employee with respect to that establishment.

   The provisions of this §  76.3 amended August 6, 2004, effective August 7, 2004, 34 Pa.B. 4139. Immediately preceeding text appears at serial pages (260088) to (260089).

   This section cited in 7 Pa. Code §  76.11 (relating to certificate).