Ohio Food Code Regulation:

Ohio Department of Health - Chapter 3717-1-02.4 – Management and personnel:  supervision.

(A)   Person in charge – assignment of responsibility.  The license holder shall be the person responsible for the food service operation or retail food establishment.  The license holder may be the person in charge or shall designate a person or persons in charge and shall ensure that a person in charge with applicable knowledge is present at the food service operation or retail food establishment during ALL hours of operation.

 (B)  Person in charge – demonstration of knowledge.  Based on the risks of foodborne illness inherent to the food operation, during inspections and upon request the person in charge shall demonstrate to the licensor the applicable knowledge of foodborne disease prevention, application of the hazard analysis and critical control point principles, and the requirements of this chapter as they relate to the food service operation or retail food establishment at the time of the inspection.  The person in charge shall demonstrate this knowledge by compliance with this chapter, by having no critical violations during the current inspection, or by being certified in food protection as specified in rule 3701-21-25 of the Administrative Code, or by responding correctly to the inspector’s questions as they relate to the specific food operation The areas of knowledge include (but are not limited to):

(1)     Describing the relationship between the prevention of foodborne disease and the personal hygiene of a food employee;

(2)     Explaining the responsibility of the person in charge for preventing the transmission of foodborne disease by a food employee who has a disease or medical condition that may cause foodborne disease;

(3)     Describing the symptoms associated with the diseases that are transmissible through food;

(4)     Explaining the significance of the relationship between maintaining the time and temperature of potentially hazardous food and the prevention of foodborne illness;

(5)     Explaining the hazards involved in the consumption of raw and undercooked meat, poultry, eggs and fish;

(6)     Stating the required food temperatures and times for safe cooking of potentially hazardous food including meat, poultry, eggs, and fish;

(7)     Stating the required temperatures and times for the safe refrigerated storage, hot holding, cooling, and reheating of potentially hazardous food;

(8)     Describing the relationship between the prevention of foodborne illness and the management and control of the following:

(a)     Cross contamination,

(b)     Hand contact with ready-to-eat foods,

(c)     Handwashing, and

(d)     Maintaining the food service operation or retail food establishment in a clean condition and in good repair;

(9)     Explaining the relationship between food safety and providing equipment that is:

(a)     Sufficient in number and capacity, and

(b)     Properly designed, constructed, located, installed, operated, maintained, and cleaned;

(10) Explaining correct procedures for cleaning and sanitizing utensils and food contact surfaces of equipment;

(11) Identifying the source of water used and measures taken to ensure that it remains protected from contamination such as providing protection from backflow and precluding the creation of cross connections;

(12) Identifying poisonous or toxic materials in the food service operation or retail food establishment and the procedures necessary to ensure that they are safely stored, dispensed, used and disposed of properly;

(13) Explaining the details of how the person in charge and food employees comply with HACCP plan if a plan is required by this chapter, or an agreement between the licensor and the food service operation or retail food establishment; and

(14) Explaining the responsibilities, rights, and authorities by this chapter to the:

(a)     Food employee,

(b)     Person in charge, and

(c)      Licensor.

Refrigeration Grandfather Clause

The “Grandfather Clause” permitting refrigeration equipment that is not capable of maintaining 41°F or less will expire on March 1, 2008.  The “Grandfather Clause” for refrigeration equipment has been in effect since March 1, 2001.  Please make sure all equipment is in compliance with the “New” regulation.  Remember the “Temperature Danger Zone” is between 41°F to 135°F.  We need to hold “Cold Food” cold at 41°F or lower.

Existing Equipment Clause

With the adoption of the 1999 Model Food Code, the temperature danger zone was dropped from 45°F to 41°F.  At that time, many restaurants had recently purchased expensive equipment that had not been modified to hold food at 41°F, the Board of Health grandfathered the existing equipment for seven years.  This means that any existing equipment that is not capable of holding food at 41°F, will be acceptable if it holds food at a temperature of 45°F, up until MARCH 1, 2008.  By March 1, 2008, all equipment will either be specified to hold at 41°F, or not be able to be used.