(a) Demonstration.*

1. (1) Based on the risks inherent to the food operation, during inspections and upon request the person in charge shall demonstrate to the regulatory authority knowledge of foodborne disease prevention, application of the hazard analysis critical control point principles, and the requirements of this subchapter.

2. (2) The person in charge shall demonstrate this knowledge by:

   1. (A) Complying with this subchapter by having no violations of priority items during the current inspection; ^Pf
   2. (B) Being a certified food protection manager who has shown proficiency of required information through passing a test that is part of an accredited program; ^Pf or
   3. (C)

(i) Responding correctly to the inspector’s questions as they relate to the specific food operation.

1. (ii) The areas of knowledge include:

(b) (b) 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; ^Pf

1. (c) (c) Describing the symptoms associated with the diseases that are transmissible through food; ^Pf

   1. (d) (d) Explaining the significance of the relationship between maintaining the time and temperature of time/temperature control for safety food and the prevention of foodborne illness; ^Pf

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

1. (1) (1) Cross-contamination; ^Pf
2. (2) (2) Hand contact with ready-to-eat foods; ^Pf
3. (3) (3) Handwashing; ^Pf and

4. (4) (4) Maintaining the retail food establishment in a clean condition and in good repair; ^Pf

   1. (i) (i) Describing foods identified as major food allergens and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction; ^Pf

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

1. (1) (1) Sufficient in number and capacity; ^Pf and
2. (2) (2) Properly designed, constructed, located, installed, operated, maintained, and cleaned; ^Pf

(k) (k) Explaining correct procedures for cleaning and sanitizing utensils and food-contact surfaces of equipment; ^Pf

1. (l) (l) 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; ^Pf

   1. (m) (m) Identifying poisonous or toxic materials in the retail food establishment and the procedures necessary to ensure that they are safely stored, dispensed, used, and disposed of according to this subchapter; ^Pf

(p) (p) Explaining the responsibilities, rights, and authorities assigned by this subchapter to the:

1. (1) (1) Food employee; ^Pf
2. (2) (2) Conditional employee; ^Pf
3. (3) (3) Person in charge; ^Pf and
4. (4) (4) Regulatory authority; ^Pf and

(b) Certified food protection manager.

1. (1)

   1. (A) At least one (1) employee that has supervisory and management responsibility and the authority to direct and control food preparation and service shall be a certified food protection manager who has shown proficiency of required information through passing a test that is part of an accredited program.
   2. (B) Note. Establishments permitted after the effective date of this subchapter have twelve (12) months from the date the permit is issued to comply with this section.

2. (2) This section does not apply to certain types of retail food establishments deemed by the regulatory authority to pose minimal risk of causing, or contributing to, foodborne illness based on the nature of the operation and extent of food preparation, including:

   1. (A) Retail food establishments that only provide commercially prepackaged foods; or

   2. (B) Retail food establishments providing only low-risk non-time/temperature control for safety foods that are approved by the regulatory authority.

      1. (c) Food protection manager certification.
3. (1) A person in charge who demonstrates knowledge by being a food protection manager that is certified by a food protection manager certification program that is evaluated and listed by a Conference for Food Protection-recognized accrediting agency as conforming to the Conference for Food Protection Standards for Accreditation of Food Protection Manager Certification Programs is deemed to comply with subdivision (a)(2)(B) of this section.
4. (2) A retail food establishment that has an employee that is certified by a food protection manager certification program that is evaluated and listed by a Conference for Food Protection-recognized accrediting agency as conforming to the Conference for Food Protection Standards for Accreditation of Food Protection Manager Certification Programs is deemed to comply with subsection (b) of this section.