NY Agric & Mkts L § 251-Z-12 (2021)
2021 New York Laws AGM - Agriculture and Markets Article 20-C - Licensing of Food Processing Establishments 251-Z-12 - Food Safety Education.

§ 251-z-12. Food safety education. 1. Every retail food store licensed   under  this article shall have an individual in a position of management   or control  assigned  to  it  who  has  been  issued  a  certificate  of   completion  from  an approved food safety education program. Individuals   who have completed a food safety  education  program  pursuant  to  this   section  shall  only  be assigned to one retail store for the purpose of   compliance with this section. For purposes of  this  section,  a  retail   food  store  shall  be  defined  as  an  establishment  or section of an   establishment, licensed pursuant to this article, where  food  and  food   products  are  offered to the consumer and are intended for off-premises   consumption.2. This section shall not apply to a food store that:a. has as its only full-time  employees  the  owner  thereof,  or  the   parent,  spouse  or  child of the owner, or in addition thereto not more   than two full-time employees; orb. had annual gross sales in the previous calendar year of  less  than   three  million  dollars,  excluding  petroleum products, unless the food   store is a part of a network of subsidiaries, affiliates or other member   stores, under direct or indirect common control, which, as a group,  had   annual  gross  sales the previous calendar year of three million dollars   or more.Notwithstanding  the  provisions  of  paragraphs  a  and  b  of   this   subdivision,  if  at  any time the commissioner is not satisfied that an   applicant is competent to offer for sale potentially hazardous products,   then the commissioner may require such  applicant  to  comply  with  the   requirements of this section.3. Such program shall consist of not less than eight hours of training   received  within  two  years  prior  to  the commencement of the license   period or, if the program required the passing of a  test,  within  five   years prior to the commencement of the license period. The program shall   cover  one  or  more of the following topics: New York state food safety   statutes and regulations;  food  microbiology,  including  a  review  of   pathogenic  and spoilage microorganisms; food-borne illnesses, including   causative agents, symptoms, and prevention;  HACCP  (Hazardous  Analysis   Critical  Control  Point);  cleaning  and  sanitation; personal hygiene;   temperature control, including heating, cooling, and storage  standards;   and  food security, including identifying risks, implementing preventive   measures and pest control. Certifications of completion of  an  approved   food  safety  education  program  that does not require the passing of a   test shall be valid for a period of two years from the date of issuance.   Certifications of completion of an approved, nationally accredited  food   safety  education  program  that requires the passing of a test shall be   valid  for  a  period  of  five  years  from  the  date   of   issuance.   Re-certification  of  an  individual  previously certified shall only be   granted upon his or  her  completion  of  the  program  requirements  in   accordance with this subdivision.4.  Food  safety  education  programs established for purposes of this   section shall be approved by the commissioner and may only be offered by   a federal or state agency, an accredited college or university, a  chain   store  having  ten  or more retail units, a grocery wholesaler supplying   twenty or more food stores, a franchisor with ten or more franchisees, a   cooperative with twenty or more members  or  a  trade  association  with   fifty  or more members representing the interests of retail food stores.   Entities that offer approved food safety education programs shall  issue   a  certificate  of  completion  to  every  individual  who  completes an   approved program. Such certificate shall consist of a form  approved  by   the  commissioner  and  shall  be  posted  in a manner prescribed by the   commissioner in the individual's place of  business.  A  copy  of  every    certificate  of  completion  shall  be  filed with and maintained by the   commissioner. A certificate of completion shall not be invalidated by  a   change of employment to another licensee.5. Any entity approved pursuant to subdivision four of this section to   offer  food  safety  education  programs  pursuant to this section shall   submit, for each application and renewal, a non-refundable  fee  of  two   hundred dollars, in a form approved by the commissioner, together with a   copy  of  the  proposed  curriculum,  or  a  syllabus  of  a  nationally   accredited food safety program upon request  by  the  commissioner,  and   such   other   documentation   as  required  by  the  commissioner.  The   commissioner shall issue a certificate of  approval  to  those  entities   authorized  to offer food safety education programs. Each certificate of   approval shall be good for a period of two years and may be revoked  for   failure  to  comply  with  this  section  and  any  department  rule  or   regulation promulgated to implement this section.6. The commissioner shall allow a licensee a period of  up  to  thirty   days to come into compliance with this section where the person assigned   to  the  retail  store  who  has  been certified as having completed the   approved food safety education program separates from his or  her  place   of  employment.  The  commissioner may, upon determination that a retail   store has exercised due diligence in complying  with  this  subdivision,   authorize   an  additional  amount  of  time  for  compliance  with  the   requirements  of  this  section  in  the  event  such  store  shall  not   immediately  assign  an  individual  certified pursuant to this section.   Such additional amount of time shall not exceed thirty days.