(1) All managers who are responsible for the storage, preparation, display, and serving of foods to the public must have passed a written certification test which complies with section 509.039, Florida Statutes, within 30 days after the effective date of employment. Those managers who successfully pass the certification examination will be issued a certificate which is valid for a period of five years from the date of issuance.
    (2) All establishments must designate in writing the food service manager or managers for each location. Establishments that serve highly susceptible populations, or have three or more employees at one time engaged in the storage, preparation, display, or serving of food must have at least one certified manager present at all times when said activities are taking place. All other establishments must have a certified manager or managers responsible for all periods of operation, but said manager or managers need not be present at all times.
    (3) It is the responsibility of the certified manager or person in charge to train or ensure the training of all employees under their supervision and control who engage in the storage, preparation, or serving of food, or cleaning of equipment, utensils, or food contact and non-food contact surfaces, and to do so in accordance with acceptable sanitary practices as described in this chapter. The trainings must be annual and provided to employees by March 31 of each year. Employees hired after the annual training has been provided for that calendar year must receive training within 30 days of being hired. The certified manager or person in charge must also maintain a copy of the establishment’s most recent regular food service inspection form provided by the department. Employees shall present this inspection form to guests or patrons for their review upon request.
    (4) If a food service establishment, which possesses a santitation certificate and initially met the requirements of this section, becomes noncompliant with subsection (2), above, the food service establishment will have a period of 30 days to become compliant with subsection (2), above.
    (5) The food service employee training must inform the employee regarding basic public health food protection practices, as specified in this chapter and which relates to their assigned duties. Employees who prepare foods must be knowledgeable about safe methods of thawing, cooking, cooling, handling, holding, and storing foods. Service personnel must be knowledgeable about safe methods of food service. Employees who clean equipment and facilities must be knowledgeable about proper cleaning and sanitization methods. Employees responsible for maintaining the premises must be knowledgeable about proper insect and vermin control methods. Managers must obtain and maintain an attendance roster of all employees present during training. Both the training curriculum and attendance roster must be maintained for three years and available upon request by the department. Establishments that are not compliant with the employee training requirements and record retention of this section must schedule a training and testing with the department and pay any applicable fees. In lieu of the department providing training and testing, the establishment may schedule training and testing with an outside course provider, who in addition to providing employee-level training, is also an approved manager certification test provider. The training and testing for employees must be completed within 60 days of the violation, or prior to the renewal of the sanitation certificate, whichever comes first.
    (6) Persons are considered certified under these rules when a written examination is a requirement for licensure by the Department of Health, Division of Medical Quality Assurance in a dietary field and when these persons have acquired and maintained an active license, provided that they comply with subsection (2), above. The following establishments are exempt from the manager certification requirements of this section, however, the establishment must have a person in charge:
    (a) Any theater, if the primary use is as a theater and patron service is limited to food items customarily served to admittees of theaters such as popcorn, hot dogs, soft drinks, nachos and cheese, and pre-packaged snack foods;
    (b) Establishments listed in Florida Statutes § 381.0072, as being exempt from this certification;
    (c) Food service establishments that limit their food service operation to non-time/temperature control for safety prepackaged food items;
    (d) Culinary arts and similar food programs, which do not offer, sale, or serve food beyond the program’s instructors and participants.
Rulemaking Authority 381.0072 FS. Law Implemented Florida Statutes § 381.0072. History-New 2-21-91, Amended 5-12-92, Retained here and Transferred to 7C-4.023, Amended 6-1-93, 8-28-96, Formerly 10D-13.037, Amended 3-15-98, 7-14-03, 9-26-18.