HomeMy Public PortalAboutRegulation Pertaining to Certification of Managers in Food Safety_201412121419474330TOWN OF WATERTOWN
Board of Health
Administration Building
149 Main Street
Watertown, MA 02472
Phone: 617-972-6446
Fax: 617-972-6499
www.watertown-ma.gov
Regulation Pertaining to Certification of Managers in Food Safety
Section I Authority
The Watertown Board of Health, pursuant to the authority granted under Massachusetts General
Laws Chapter 111, Section 31 hereby adopts the following regulation to protect the public health of
the community.
Section II Purpose
The Watertown Board of Health recognizes that an ideal food protection program is supported by a
partnership effort between industry and food regulatory officials. Together, educated managers and
food handlers along with an effective inspection program can reduce the incidence of high -risk
practices which can lead to foodborne illness and disease outbreaks.
Accordingly, the Board of Health declares that the purpose of this regulation is to improve the
general sanitary conditions in Watertown food establishments, thus protecting the health and
welfare of the dining public. Food manager certification required hereunder will ensure that these
managers have knowledge of the principles and practices of food sanitation with the primary
purpose of preventing foodborne illness and protecting the public health in accordance with Chapter
X of the State Sanitary Code, 105 CMR 590.000 Minimum Sanitation Standards for Food
Establishments, (the "State Food Code").
Other benefits of food manager training include providing industry with a more professional
approach to food safety, improving communication between industry and regulators, increasing
consumer confidence in their food supply and avoiding negative economic impacts associated with
foodborne illness outbreaks. Food establishments which have trained food handlers are also more
likely to be in compliance with the State Food Code, resulting in less inspection and enforcement
time spent by the Board of Health.
Accordingly, this Regulation is intended to supplement and expand the minimum requirements for a
certified food protection manager as set forth in the State food Code, 105 CMR 590.003.
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Section III Definitions
Board: The Board of Health in the Town of Watertown or its agent or designee.
Certified Food Protection Manager: An individual employed by a food establishment who has
attended training and passed an exam recognized by the Massachusetts Department of Public Health
Food Protection Program.
Food Establishment: Any place where food is prepared and intended for individual portion
service and includes the site at which individual portions are delivered to the public. The term
includes any such place, regardless of whether consumption is on or off the premises, and regardless
of whether there is a charge for the food. The term includes, but is not limited to, restaurants,
caterers, nursing and retirement homes, hospitals, private clubs, industrial cafeterias, public and
private educational institutions, delicatessens in retail food stores that cook and/or offer prepared
food in individual service portions, mobile food trucks and temporary food events during which
potentially hazardous food is being prepared.
Foodborne Illness Outbreak: An incident in which two or more persons experience illness after
ingestion of common food, or one case of botulism or chemical food intoxication, and an
epidemiological investigation or laboratory analysis implicates the food as the source of the illness.
Any terms not specifically defined herein are to be construed in accordance with the definitions of
Chapter X of the State Sanitary Code 105 CMR 590.000 and the currently adopted edition of the
Federal Food Code by the Commonwealth of Massachusetts.
Section IV Requirements
All food establishments shall have a certified food protection manager on the premises during all of
the hours that the establishment is open, which includes, but is not limited to, all operations,
receiving, preparing and serving food. It is expected that this individual will act as the Person in
Charge (PIC). This certified food protection manager shall have the authority, and will be expected,
to enforce the regulations of the State and federal food codes, including the supervision of the
establishment employees.
If a certified food manager position should become vacant during the term of any food service
permit, the permit holder shall immediately notify the Board of Health in writing and the permit
holder shall have sixty (60) days to fill the position. The notice to the Board of Health shall include
a statement of how the permit holder will ensure adequate protection of public health and safety
during the period of vacancy.
All existing permit holders shall achieve compliance with this regulation within ninety (90) days of
the effective date of this Regulation. New establishments must be in compliance within thirty days
after opening.
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Section V Certification
Certification shall be achieved by attending (in person or online) a food safety and sanitation course
and attaining a passing grade on an exam provided by the Educational Testing Services (Food
Protection Certification Program) or the Educational Foundation of the National Restaurant
Association (ServSafe-Registered Trademark) or an equivalent exam recognized by the
Massachusetts Department of Public Health.
The certificate(s) shall be posted on the premises of the food service establishment in a conspicuous
place in view of the public.
The certification shall be valid for the time indicated on the certificate, or five years, whichever is
less.
A Food Manager Certificate is not transferable from one person to another.
Section VI Variances
To the extent permitted under the State Food Code, a variance of this Regulation may be granted if,
in the opinion of the Board, a health hazard or nuisance will not result from the variance. All
variance applications shall be in writing and shall describe how the public health hazards addressed
by this Regulation will be alternatively addressed by the applicant. No variance request will be
granted unless the applicant shows that: (1) enforcement of this Regulation would be manifestly
unjust; and (2) the applicant has established that a level of public health protection at least
equivalent to that provided under this Regulation can be achieved without strict application of the
Regulation.
Any variance granted by the Board of Health shall be in writing. A copy of any such variance shall,
while it is in effect, be available to the public at all reasonable hours in the office of the Board.
Any variance may otherwise be revoked, modified, or suspended, in whole or in part, only after the
holder thereof has been notified in writing and has been given an opportunity to be heard in
conformity with the requirements for an order and hearing in 105 CMR 590.015.
Section VII Enforcement and Penalties
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Any person who violates the terms of this regulation shall be subject to a fine under the non-
criminal disposition Ordinance authorized by M.G.L. Chapter 40 Section 21D and the Town
Ordinance 0-91-031, 0-92-032 & 0-94-40. Each day of non-compliance shall constitute a separate
offense. Failure to comply within fifteen (15) business days shall result in the process for
suspension or revocation of the food service permit as provided under 105 CMR 590.014 (A)(B)
and (C).
In the alternative, or in addition to the above, this Regulation may be enforced through any other
means available at law as deemed appropriate by the Board of Health including, but not limited to,
civil enforcement for injunctive relief, and/or the suspension or revocation of any current permits
and/or licenses issued by the Board of Health in accordance with applicable law.
The person or persons to whom any order or notice has been directed, may request a hearing before
the Board. Such request shall be in writing and shall be filed in the office of the Board within ten
(10) days after receipt of the order or notice.
Section VIII Severability
Each provision of this Regulation shall be construed as separate to the end that if any part of it shall
be held invalid for any reason, the remainder shall continue in full force and effect.
Section IX Effective Date
This regulation shall become effective on November 1, 2014 and shall supplant the Regulation
Pertaining to Requirements for Certified Food Protection Managers and Persons in Charge (PIC)
adopted March 1, 2002 and the "Rules and Regulations Pertaining to Certification of Managers in
Food Safety" adopted on September 4, 1997.
Voted this 20r' day of October, 2014 by the Watertown Board of Health
Approved as to Form by Kopelman & Paige on August 11, 2014
A Public Hearing Was Held on September 25, 2014
Promulgation Was Advertised in the Watertown Tab on October 24, 2014
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