§ 6504. Certification of employees. (a) General rule.--Food establishments shall maintain certification records on respective supervisory employees. Each food establishment shall employ a person having supervisory authority who holds a valid department food employee certificate. (b) Examination.--No certificate shall be issued unless the applicant has successfully completed a training course and passed an examination recommended by the advisory board and approved by the department. (c) Compliance.-- (1) (Deleted by amendment). (2) A food establishment exempt under section 6510(d) (relating to exemptions) may voluntarily seek certification under this section. (3) Except as provided in section 6510, compliance with this chapter by a food establishment shall be mandatory by July 1, 2004. Section 6503(e) (relating to certification advisory board and programs) shall not apply to any food establishment prior to July 1, 2004, unless that food establishment complies with this chapter. (d) Employee turnover.--Food establishments which are not in compliance because of employee turnover or other loss of certified personnel shall have three months from the date of loss of certified personnel to comply. (e) Maintenance and inspection of records.--Names and certificate numbers of certified personnel shall be maintained at the place of business and shall be made available for inspection by the department. (f) Period of certification.--Certification shall be in effect for five years. Renewal of certification shall be based on the completion of courses recommended by the advisory board and approved by the department. The courses shall not include a written examination. (g) Training program.-- (1) Training programs to prepare candidates for certification examinations and the administration of the examination shall be made available throughout this Commonwealth through cooperation with industry and others and approved by the department. In order to meet the requirements of this paragraph, the department shall promulgate regulations with the approval of the board no later than July 1, 2004, which establish training programs providing for the following considerations which include: (i) The existence and operation of a department- approved employee training program on safe food handling conducted by the food establishment. (ii) The limited handling of potentially hazardous food. (iii) The number of hours necessary to prepare employees for safe food handling due to the food establishment's scope of business. (iv) The demonstration of satisfactory knowledge and proficiency in the safe handling of food as approved by the department. (2) The department shall develop and administer a training program for food establishments voluntarily seeking certification under subsection (c)(2). The General Assembly may appropriate funds to offset the cost of the program for food establishments exempt under section 6510(d). (h) Mitigating factor.-- (1) If a food establishment complies with this chapter, the compliance shall be given appropriate consideration as a mitigating factor in determining if a food establishment shall be assessed more than the minimum fine or civil penalty required by law in any action to recover fines or penalties for a violation of the act of July 7, 1994 (P.L.421, No.70), known as the Food Act. (2) This subsection shall expire July 1, 2000. (Dec. 20, 2000, P.L.934, No.124, eff. 60 days; Dec. 9, 2002, P.L.1495, No.190, eff. imd.) 2002 Amendment. Act 190 amended subsecs. (c) and (g). Section 8 of Act 190 provided that any action or the effect of any inaction by the General Assembly under subsec. (c)(1) prior to the effective date of Act 190 shall be considered null and void. 2000 Amendment. Act 124 amended subsecs. (c), (f) and (g). Cross References. Section 6504 is referred to in sections 6503, 6510 of this title.

§ 6504. Certification of employees. (a) General rule.--Food establishments shall maintain certification records on respective supervisory employees. Each food establishment shall employ a person having supervisory authority who holds a valid department food employee certificate. (b) Examination.--No certificate shall be issued unless the applicant has successfully completed a training course and passed an examination recommended by the advisory board and approved by the department. (c) Compliance.-- (1) (Deleted by amendment). (2) A food establishment exempt under section 6510(d) (relating to exemptions) may voluntarily seek certification under this section. (3) Except as provided in section 6510, compliance with this chapter by a food establishment shall be mandatory by July 1, 2004. Section 6503(e) (relating to certification advisory board and programs) shall not apply to any food establishment prior to July 1, 2004, unless that food establishment complies with this chapter. (d) Employee turnover.--Food establishments which are not in compliance because of employee turnover or other loss of certified personnel shall have three months from the date of loss of certified personnel to comply. (e) Maintenance and inspection of records.--Names and certificate numbers of certified personnel shall be maintained at the place of business and shall be made available for inspection by the department. (f) Period of certification.--Certification shall be in effect for five years. Renewal of certification shall be based on the completion of courses recommended by the advisory board and approved by the department. The courses shall not include a written examination. (g) Training program.-- (1) Training programs to prepare candidates for certification examinations and the administration of the examination shall be made available throughout this Commonwealth through cooperation with industry and others and approved by the department. In order to meet the requirements of this paragraph, the department shall promulgate regulations with the approval of the board no later than July 1, 2004, which establish training programs providing for the following considerations which include: (i) The existence and operation of a department- approved employee training program on safe food handling conducted by the food establishment. (ii) The limited handling of potentially hazardous food. (iii) The number of hours necessary to prepare employees for safe food handling due to the food establishment's scope of business. (iv) The demonstration of satisfactory knowledge and proficiency in the safe handling of food as approved by the department. (2) The department shall develop and administer a training program for food establishments voluntarily seeking certification under subsection (c)(2). The General Assembly may appropriate funds to offset the cost of the program for food establishments exempt under section 6510(d). (h) Mitigating factor.-- (1) If a food establishment complies with this chapter, the compliance shall be given appropriate consideration as a mitigating factor in determining if a food establishment shall be assessed more than the minimum fine or civil penalty required by law in any action to recover fines or penalties for a violation of the act of July 7, 1994 (P.L.421, No.70), known as the Food Act. (2) This subsection shall expire July 1, 2000. (Dec. 20, 2000, P.L.934, No.124, eff. 60 days; Dec. 9, 2002, P.L.1495, No.190, eff. imd.) 2002 Amendment. Act 190 amended subsecs. (c) and (g). Section 8 of Act 190 provided that any action or the effect of any inaction by the General Assembly under subsec. (c)(1) prior to the effective date of Act 190 shall be considered null and void. 2000 Amendment. Act 124 amended subsecs. (c), (f) and (g). Cross References. Section 6504 is referred to in sections 6503, 6510 of this title.