§ 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.