Section 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; or
    b. 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.