§ 76.5. Certification training programs: Obtaining the Department’s approval.

 (a)  Approval required. A person shall obtain the Department’s approval of a training program before the certification training program will be considered an approved certification training program for purposes of the act and this chapter. Substantive revisions or changes to a previously-approved certification training program shall also be approved by the Department. Although nonsubstantive revisions to a previously-approved certification training program do not require approval of the Department, notice of these nonsubstantive revisions shall be communicated in writing to the Department, at the address in §  76.16 (relating to contacting the Department), before being implemented. Approval under this section authorizes a person to develop and approve certification examinations, conduct certification examinations and certify the results of certification examinations to the Department in accordance with this chapter.

 (b)  General requirements for approval.

   (1)  Approval of program. The Department will approve a certification training program if it meets the food safety protection and training standards described in §  76.7 (relating to certification training programs: Food safety protection and training standards), fits within one of the certification categories described in paragraph (2) and has been recommended for approval by the Advisory Board. The Department’s approval of a certification training program will not be contingent upon any minimum number of hours of instruction, in light of the other requirements for certification training program approval described in this section.

   (2)  Certification categories. The Department may approve a certification training program in one of four certification categories. These categories, and the requisites for inclusion of a certification training program within each, are as follows:

     (i)   General certification category. The Department will approve a certification training program in the general certification category if one of the following applies:

       (A)   The training program addresses the topics set forth in §  76.7(a).

       (B)   The training program is a Federally-mandated HACCP training program for juice, seafood, meat or poultry.

     (ii)   Process-specific certification category. The Department will approve a certification training program in the process-specific certification category if both of the following apply:

       (A)   The subject matter of the training program relates to one or more specific, identified food processing activities (such as making cider or preparing frozen desserts).

       (B)   The training program addresses the topics in §  76.7(a) in a manner specifically directed to the food processing activities that are the identified subject matter of the training program.

     (iii)   Modified certification category. The Department will approve a certification training program in the modified certification category if both of the following apply:

       (A)   The subject matter of the training program is addressed to persons who handle potentially hazardous food on only a limited basis (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).

       (B)   The training program addresses the topics in §  76.7(a) in a manner specifically directed toward persons who handle potentially hazardous food on only a limited basis, and in a less-comprehensive manner than a certification training program in the general certification category.

     (iv)   Nonprofit certification category. The Department will approve a certification training program in the nonprofit certification category if either of the following apply:

       (A)   The training program is developed and administered by the Department under authority of section 4(g)(2) of the act regarding relating to certification of employees, and meets the course content requirements in §  76.7(b).

       (B)   The training program is developed and administered by an entity other than the Department, and meets the course content requirements in §  76.7(b).

 (c)  Obtaining an application form. The Department will provide an application form for certification training program approval, or an application form for approval of revisions or changes to a previously-approved certification training program, upon request. Requests for these forms shall be directed to the Department at the address in §  76.16.

 (d)  Contents: application for certification training program approval. The application form for certification training program approval shall require the following information:

   (1)  The applicant’s name, address and telephone number.

   (2)  A course syllabus demonstrating that the program would meet the course content requirements in §  76.7.

   (3)  A designation of the certification category (whether general, process-specific, modified or nonprofit), as described in subsection (b)(2), with respect to which approval of the training program is sought.

   (4)  One of the following:

     (i)   A copy of the examination to be administered at the conclusion of the certification training program, together with an answer key for that examination, if these documents are available.

     (ii)   The name of the CFP-accredited examination to be administered at the conclusion of the certification training program.

   (5)  A copy of all teacher materials for the certification training program, unless the certification training program is a home-study program.

   (6)  A copy of all materials to be distributed to persons taking the program.

   (7)  If the certification program is a home study program, the proposed site and date the approved certification examination is to be administered, if available.

   (8)  Other information the Department might reasonably require in evaluating the certification training program.

 (e)  Contents: application for approval of changes or revisions to a previously-approved certification training program. The application form for approval of changes or revisions to a previously-approved certification training program shall require the applicant’s name, address and telephone number and only the information listed in subsection (d) that is relevant to the change or revision with respect to which approval is sought.

 (f)  Deadline for filing the application. An application for certification training program approval or for approval of changes or revisions to a previously-approved certification training program shall be delivered to the Department, at the address in §  76.16, at least 90 days in advance of the proposed date upon which the program is to be conducted.

 (g)  Departmental and Advisory Board action on application. The Department and the Advisory Board will consider application materials submitted to them under subsection (d)(4)—(6) confidential and the proprietary documents of the applicant, and will make no distribution of these materials. The Advisory Board will consider whether to recommend Departmental approval of a certification training program. If a simple majority of a quorum of the Advisory Board recommends Departmental approval of a certification training program, the Department will grant its approval, if the other criteria in subsection (b) are met. The Department will mail the applicant its written approval of the certification training program, its denial of approval or a request for additional clarification or documentation.

   The provisions of this §  76.5 amended August 6, 2004, effective August 7, 2004, 34 Pa.B. 4139. Immediately preceeding text appears at serial pages (260089) to (260091).

   This section cited in 7 Pa. Code §  76.8 (relating to certification examination requirements); 7 Pa. Code §  76.10 (relating to applying for certification); 7 Pa. Code §  76.11 (relating to certificate); and 7 Pa. Code §  76.17 (relating to preemption and local governmental authority).