N.Y. Comp. Codes R. & Regs. Tit. 1 §§ 271-3.1

Current through Register Vol. 46, No. 41, October 9, 2024

Section 271-3.1 - Demonstration of knowledge

As required by Agriculture and Markets Law, section 251-z-3, the applicant for a food processing establishment license shall furnish the commissioner with evidence of his or her experience and competency to operate the establishment. If at any time the commissioner is not satisfied that the person-in-charge of the establishment is competent to operate the establishment, he or she may require that person to demonstrate such competency by successfully completing a food safety course approved by the department. The course shall include instruction in the following subject areas:

(a) the relationship between the prevention of foodborne disease and the personal hygiene of food employees;

(b) the responsibility of the person-in-charge, or his or her designee for preventing the transmission of foodborne disease by a food employee who has a disease or medical condition that may cause foodborne disease;

(c) the symptoms associated with the diseases that are transmissible through food;

(d) the significance of the relationship between maintaining the time and temperature of potentially hazardous food and the prevention of foodborne illness;

(e) the hazards involved in the consumption of raw or undercooked meat, poultry, eggs and fish;

(f) the required food temperatures and times for safe cooking of potentially hazardous food including meat, poultry, eggs and fish;

(g) the required temperatures and times for the safe refrigerated storage, hot holding. cooling, and reheating of potentially hazardous food;

(h) the relationship between the prevention of foodborne illness and the management and control of the following:

(1) cross contamination;

(2) hand contact with ready-to-eat foods;

(3) handwashing; and

(4) maintaining the food establishment in a clean condition and in good repair;

(i) the relationship between food safety and equipment that is:

(1) sufficient in number and capacity; and

(2) properly designed, constructed, located, installed, operated, maintained, and cleaned;

(j) the correct procedures for cleaning and sanitizing utensils and food-contact surfaces of equipment;

(k) the identification of the source of water used, and measures taken, to ensure that it remains protected from contamination, such as providing protection from backflow and precluding the creation of cross connections;

(l) the identification of poisonous or toxic materials in the food establishment and the procedures necessary to ensure that they are safely stored, dispensed, used, and disposed of according to law;

(m) the identification of critical control points in the operation, from purchasing through sale or service that, when not controlled, may contribute to the transmission of foodborne illness and the steps that must be taken to ensure that the points are controlled in accordance with the requirements of these regulations;

(n) the procedures necessary in order for the person-in-charge and food employees to comply with the schedule process, if such a process is required by the law, regulation or an agreement between the department and the establishment; and

(o) the responsibilities, rights, and authorities assigned by Part 271 of this Title to the:

(1) food employee;

(2) pereson-in-charge; and

(3) the department.

N.Y. Comp. Codes R. & Regs. Tit. 1 §§ 271-3.1

Repealed New York State Register June 22, 2016/Volume XXXVIII, Issue 25, eff. 6/22/2016

Adopted New York State Register December 21, 2016/Volume XXXVIII, Issue 51, eff. 12/21/2016