The Oregon Administrative Rules contain OARs filed through March 15, 2006

The Oregon Administrative Rules contain OARs filed through March 15, 2006

DEPARTMENT OF HUMAN SERVICES, PUBLIC HEALTH

DIVISION 175

FOOD HANDLER TRAINING

333-175-0001

Purpose

The food handler training program rules set fees and address requirements for successful completion of a food handler training program and issuance of the certificate. Additionally, these rules set out general provisions regarding food handler training programs and provide guidelines for the relationship between the Department of Human Services, Local Public Health Authorities and Designated Agents.

Stat. Auth.: ORS 624
Stats. Implemented: ORS 624.570
Hist.: PH 21-2004, f. & cert. ef. 6-18-04

333-175-0011

Program Description - General

The goal of the food handler training program is to provide food handlers with a basic understanding of food safety, which will assist the manager or person in charge to direct the food handler in preparing and serving food safely. This is accomplished through training, testing and certification of food handlers.

Stat. Auth.: ORS 624
Stats. Implemented: ORS 624.570
Hist.: PH 21-2004, f. & cert. ef. 6-18-04

333-175-0021

Definitions

(1) "Approved" means approved by the Oregon Department of Human Services.

(2) "Computer-Based Training" means self-training through the use of a computer program or the Internet.

(3) "Designated Agent" means an individual or organization who/that has been authorized by the Department or Local Public Health Authority to provide a food handler training program and issue certificates of program completion.

(4) "Department" means the Oregon Department of Human Services.

(5) "Food Handler" means those persons involved in the preparation or service of food in a restaurant or food service facility licensed under ORS 624.020 or 624.320. This includes, but is not limited to, cooks, wait staff, dishwashers, bartenders and bus persons.

(6) "Local Public Health Authority" means those counties to which the Department has entered into an Intergovernmental Agreement under ORS 624.510.

(7) "Program" means approved training provided by: self-training, computer-based training, or instructor-led training, and followed by testing and certification.

(8) "Program Provider" means the Department of Human Services, Local Public Health Authority or a Designated Agent.

(9) "Proctor" means the individual who administers and/or monitors the taking of the food handler exam.

(10) "Self-Training" means a training process wherein the individual learns without the presence or intervention of a trainer or instructor.

(11) "Trainer" means the person actively delivering food handler training to learners.

Stat. Auth.: ORS 624
Stats. Implemented: ORS 624.570
Hist.: PH 21-2004, f. & cert. ef. 6-18-04

333-175-0031

Food Handler Training

(1) All food handlers employed in a restaurant, bed and breakfast, mobile unit, commissary, warehouse or vending operation must obtain a certificate of program completion from the Department, Local Public Health Authority or a Designated Agent within 30 days after the date of hire. A food handler must maintain a current certificate of program completion as long as they are employed as a food handler.

(2) A food handler certificate of program completion expires three years after the date of issuance. When a food handler's certificate of program completion expires, the food handler must successfully complete the program and pay the appropriate fee.

(3) The Department and Local Public Health Authority may provide food handler training themselves, through a Designated Agent or both.

(4) At least one person involved in the preparation or service of food in a temporary restaurant who has a valid certificate of program completion must be present at all times during the operation of the facility.

(5) A facility listed in section (1) of this rule that is operated by a benevolent organization must have at least one person with a valid food handler certificate of program completion present at all times during the preparation and service of food. This person is responsible for supervising and educating all workers in the sanitary practices used in food service.

Stat. Auth.: ORS 624
Stats. Implemented: ORS 624.570
Hist.: PH 21-2004, f. & cert. ef. 6-18-04

333-175-0041

Minimum Standards for Program Providers

(1) In order for the Department or Local Public Health Authority to appoint an individual or organization as a Designated Agent, the individual or organization must demonstrate that they can satisfy the following requirements or standards:

(a) Individuals must have sufficient experience in food safety, food science or food service to be knowledgeable in all areas of the food handler training curriculum.

(b) Organizations must have a staff member with sufficient experience in food safety, food science or food service to be knowledgeable in all areas of the food handler training curriculum. This staff member must be reasonably involved in the operation or administration of the training program delivery.

(2) Individuals and organizations must also have:

(a) The ability to provide training and testing; and

(b) The ability to safeguard the training and testing materials.

(3) The Local Public Health Authority exercising duties pursuant to ORS 624.510 shall ensure that food handler training programs are provided within their jurisdiction. The Local Public Health Authority or Department who authorized a Designated Agent is responsible for the proper program administration and delivery.

Stat. Auth.: ORS 624.570
Stats. Implemented: ORS 624.570
Hist.: PH 21-2004, f. & cert. ef. 6-18-04

333-175-0051

Content of Food Handler Training Programs

The concept of foodborne illness will be introduced. The content of the training given will reinforce the notion that the behaviors addressed in the training content will help prevent foodborne illness.

(1) Personal Hygiene Learning Outcomes:

(a) Identify the following as the correct technique for handwashing:

(A) Warm water;

(B) Soap;

(D) Dry hands with single-use towel, cloth towel roll or air dryer.

(b) Sanitizer dips or hand sanitizers are not approved handwash techniques and are not acceptable substitutes to handwashing;

(A) After using the toilet and again when entering work area;

(B) After handling raw food;

(D) After blowing nose, sneezing, coughing, or touching eyes, nose or mouth;

(E) After handling dirty dishes;

(F) After handling garbage;

(G) After cleaning or using other toxic materials;

(H) Before starting work;

(I) Before putting on gloves.

(d) Identify that fingernails must be trimmed short;

(e) Worker knows not to work when ill with diarrhea, vomiting, fever, jaundice or sore throat with fever;

(f) Worker knows to not handle food with an infected cut or burn;

(g) Worker knows that plastic gloves are capable of spreading germs and do not substitute for proper handwashing;

(h) Worker knows that smoking, eating, drinking, and chewing tobacco is prohibited in food preparation and food and utensil storage areas.

(2) Cross Contamination Learning Outcomes:

(a) Define and identify cross contamination;

(b) Identify the following methods to prevent cross contamination:

(A) Wash, rinse, and sanitize utensils, work surfaces and equipment between uses;

(B) Identify that slicers must be cleaned and sanitized when switching food to be sliced;

(C) Identify that the procedure for in-place cleaning is to wash with warm soapy water, rinse with clear water, wipe with (50-100 ppm chlorine residual) sanitizer.

(c) Identify that food service facilities do not reuse food from a customer's plate or table unless in unopened packages;

(d) Identify that workers must use clean utensils, instead of bare hands, for dispensing food, and store scoops with handle extended out of the food;

(e) Identify the following storage conditions that will minimize the potential for cross contamination:

(A) Store raw meats below and completely separate from ready-to-eat food in refrigeration units;

(B) Store food off the floor;

(D) Properly label all chemicals, cleansers and pesticides.

(f) Identify that in-use wiping cloths need to be stored in (50-100 ppm) sanitizer between uses;

(g) Correctly use test strips for checking sanitizer concentration.

(3) Final Cooking Temperature Learning Outcomes:

(a) Identify the following proper cooking (internal) temperatures:

(A) Poultry - 165 degrees F;

(B) Hamburger, or tenderized or pinned meats - 155 degrees F;

(D) Beef roasts - 130 degrees F.

(b) Identify that cooking to recommended temperature kills disease-causing germs;

(d) Identify the following as proper equipment used for rapid heating and reheating:

(A) Stove;

(B) Microwave;

(4) Temperature Control Learning Outcomes:

(a) Identify the following types and uses of thermometers:

(A) Refrigerator thermometers;

(B) Probe (food) thermometers.

(b) Identify the proper technique for cleaning thermometers between uses is to wash, rinse and sanitize;

(A) Pack a large cup to the top with crushed ice. Put the thermometer at least two inches into the water. After 30 seconds, read the dial. It should read 32 degrees F;

(B) If the dial does not read 32 degrees F, leave it in the ice water, use pliers or a wrench and turn the nut on the back of the thermometer until the needle reads 32 degrees F.

(d) Identify use of the probe thermometer when: cooking, cooling, reheating, hot holding and cold holding;

(e) Identify the following as the approved thawing methods:

(A) Refrigerator;

(B) Running cold water;

(f) Identify that potentially hazardous food will support bacterial growth when held at temperatures between 41 degrees F and 140 degrees F:

(A) Identify 140 degrees F as the proper temperature for hot holding potentially hazardous food;

(B) Identify 41 degrees F as the proper temperature for cold holding;

(g) Identify that proper cooling requires food to cool from 140 degrees F to 70 degrees F in 2 hours and 70 degrees F to 41 degrees F in four hours;

(h) Identify the following techniques for rapid cooling:

(A) Place food in an ice bath;

(B) Place small amounts of food into shallow pans and refrigerate;

(i) Identify 165 degrees F as the minimum temperature for reheating food and that food must reach this temperature within 2 hours.

Stat. Auth.: ORS 624
Stats. Implemented: ORS 624.570
Hist.: PH 21-2004, f. & cert. ef. 6-18-04

333-175-0061

Administration of Food Handler Training Program

(1) Program providers may provide the food handler training program through a trainer-led class and exam, self-training materials and exam or other method approved by the Department.

(2) The Department must provide or approve all food handler training program materials, including instructional delivery methods, materials and exam questions.

(3) Each food handler training exam must consist of 32 multiple-choice questions covering concepts stated in OAR 333-175-0051 or other means of examination approved in advance by the Department.

(4) When taking the examination, food handlers may refer to the training manual or printed text. Food handlers may also refer to handwritten notes developed onsite during training.

(5) Upon successful completion of the program, the food handler must be allowed to keep the food handler training manual.

(6) Program providers must retain for three years the food handler answer sheets, records and cards issued in accordance with the Archives Division Oregon Administrative Rule 166-300-0015.

(7) The proctor must verify the identity of the food handler taking the exam and receiving the certificate of program completion.

(8) Program providers will maintain a plan to access services for food workers with special needs. This plan shall be used to assist the food handler when the program provider has determined that an individual has ceased to make progress toward successfully completing the food handler exam. The plan to address workers with special needs shall allow the food worker the option to take the exam orally on specific job duties or to receive assistance in reading the test.

(9) A restricted certificate of program completion may be issued:

(a) The certificate must identify the specific duties that may be performed by this individual;

(b) Removal of the restrictions can be accomplished by successfully completing the food handler training program. The food handler will then be issued a new certificate of program completion.

(10) Program providers will provide to all food handlers who fail the examination specific feedback on questions missed.

(11) Program providers will ensure that a knowledgeable person is available to answer questions about the examination and program content. It is not necessary that the knowledgeable person be present at all times to answer questions.

(12) Program providers will rotate exam versions at least quarterly.

(13) Self-proctoring of the food handler exam is not allowed.

(14) At least triennially or when deemed necessary, the Department or Local Public Health Authority that approved the Designated Agent will perform an onsite review of the training programs. The review will examine:

(a) Exam security, including rotation of examination materials, physical security of exams, and compliance with availability of reference materials during testing;

(b) Instructor qualification and availability of qualified assistance for individuals with questions on the training materials.

(15) Annually, program providers will submit information to the Department on:

(a) The number of exams taken for the year, the number of exams passed, the average exam score, the exam versions being used, the number of certificates of program completion issued, training language and training format;

(b) A summary of the number of individuals who failed the initial examination, actions taken to retrain, and referrals to other sources of training.

(16) The Local Public Health Authority or the Department may verify that a food worker was certified by a program provider in any jurisdiction in Oregon.

(17) Failure to follow rules may result in the removal of the ability of a program provider to provide food worker training:

(a) Upon failure to follow rules, unless immediately correctable, the program provider will develop a remediation plan. The Local Public Health Authority or the Department that approved the training will follow up within 90 days to ensure that the program provider is in compliance with training requirements. The Local Public Health Authority or the Department may allow for additional time to achieve compliance with the training requirements;

(b) Continued failure to achieve compliance with the training requirements will result in the termination of the program provider's training approval.

(18) In addition to the requirements for the program provider, providers of Internet-based food handler certification must meet the following standards:

(a) Program providers must verify the identity of the examinee by requiring a login page to be completed, which captures data regarding both the examinee and the employer;

(b) Prior to taking the exam, either an online proctor login page must be completed or the program must contain an affidavit that can be printed which enables the proctor to certify the information in subsection (c) of this section;

(A) The proctor must be at least age 18 and must reside in Oregon;

(B) The proctor must be present during the exam;

(D) The proctor must verify the identity of the person taking the exam.

(d) If an affidavit is used, it must be mailed or faxed to the program provider and must be received and reviewed before the food handler certification of program completion is issued.

(e) If a login page is used, the program provider must review the information on the proctor login page before the certificate of program completion is issued.

Stat. Auth.: ORS 624
Stats. Implemented: ORS 624.570
Hist.: PH 21-2004, f. & cert. ef. 6-18-04

333-175-0071

Requirements for Food Handler Training Program Qualifications

(1) Any trainer providing food handler training or related training must either be a Registered Environmental Health Specialist, Registered Environmental Health Specialist Trainee or have a current certificate of completion from an approved food manager training course. The program provider may also approve other trainers based upon their experience, training, education or credentials.

(2) Trainer requirements do not apply when food handlers are trained using self-training materials.

Stat. Auth.: ORS 624
Stats. Implemented: ORS 624.570
Hist.: PH 21-2004, f. & cert. ef. 6-18-04

333-175-0081

Successful Completion of Food Handler Training Program

(1) In order to receive a certificate of program completion, a food handler must pass the exam with a minimum score of 75% or at least 24 correct answers out of 32 questions.

(2) If a person successfully completes a food handler training program and pays the appropriate fee, the program provider shall issue a certificate of program completion.

Stat. Auth.: ORS 624
Stats. Implemented: ORS 624.570
Hist.: PH 21-2004, f. & cert. ef. 6-18-04

333-175-0091

Reciprocity

(1) A food handler certificate of program completion is valid statewide.

(2) Any person who has a current certification from a Department-approved food manager training program need not obtain a food handler certificate of program completion.

(3) To be accepted in lieu of a food handler certificate of program completion, a food manager certification must be renewed every five years.

Stat. Auth.: ORS 624
Stats. Implemented: ORS 624.570
Hist.: PH 21-2004, f. & cert. ef. 6-18-04

333-175-0101

Fees

(1) Program providers may charge a fee up to a maximum of $10 per person for the administration of the program and the issuance of a certificate of program completion.

(2) Program providers shall not charge a fee to any food handler listed in OAR 333-175-0091.

(3) Program providers may charge a fee for food handler materials and deduct the cost from the food handler training and certificate of program completion as long as the total cost does not exceed $10 to each individual.

(4) Notwithstanding sections (1) and (3) of this rule, program providers may assess a new program fee each time a participant takes or retakes all or part of a program or certification exam.

(5) Program providers may charge a fee not to exceed $5 for duplicate certificates of program completion.

Stat. Auth.: ORS 624

Stats. Implemented: ORS 624.570

Hist.: PH 21-2004, f. & cert. ef. 6-18-04

333-175-0111

General

(1) Upon request by the Department or a Local Public Health Authority, a licensee of a facility licensed under ORS 624.020 or 624.320 shall make available the certificate of program completion for each food handler in the licensed facility. For purposes of complying with this rule, the licensee may keep photocopies of the food handler certificates of program completion.

(2) If a food handler uses their food manager training program certification in lieu of a food handler certificate of program completion, the licensee shall make available to the inspecting authority the food handler's food manager training certification.

(3) Consistent with civil rights and disability laws, all program providers will make reasonable accommodations for training workers with disabilities, including the issuing of restricted certificates of program completion, and providing culturally, developmentally, and linguistically appropriate training.

(4) The Local Public Health Authority that approves a Designated Agent must provide the Department with the name, address and telephone number of the individual or organization that has been approved. Such notification must be in writing and must occur before the Designated Agent can commence training and/or certification of food workers.

Stat. Auth.: ORS 624
Stats. Implemented: ORS 624.570
Hist.: PH 21-2004, f. & cert. ef. 6-18-04

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State.