The article below is the Mid-Ohio Valley Health Department’s code regarding the need and acquiring of a Food Handler’s Card. For questions regarding Food Handling matters please contact the Mid-Ohio Valley Health Department at 304-485-7374.
This regulation shall be known as the Mid-Ohio Valley Health Department Food Handler Regulation, and shall cover the West Virginia counties of Calhoun, Pleasants, Ritchie, Roane, Wirt and Wood.
Purpose
The Mid-Ohio Valley Board of Health has an obligation to ensure that food establishments in the Mid-Ohio Valley region provide safe food for the public. The Mid-Ohio Valley Board of Health believes that mandatory standardization of food safety training of employees is necessary.
The Mid-Ohio Valley Board of Health further believes a Food Employee who serves as a “Manager in Charge’ must have a greater knowledge of food service than food employees because he/she supervises food employees, and is required by the Food Code to ensure the facility operates to the standards of the regulatory authority. Based on results from food inspections it is apparent that many “Managers in Charge” do not possess the knowledge needed to meet the requirements of the Food Code. When inspections are performed, it is the Manager in Charge who ultimately insures corrections have been made and that the food establishment is meeting the standards set by the Food Code.
Definitions
Thefollowing words and phrases, whenever used in this regulation, shall be construed a s defined in the section:
“Food Protection Manager Certification Program” means a food handling training program that has been approved by the conference for food protection as conforming to the Conference for Food Protection Standards for Accreditation of Food Protection Manager Certification Program.
Food Employee means an individual working with unpackaged food, food equipment or utensils or food-contact surfaces.
Food Establishment means an operation that stores, prepares, packages, serves orotherwise provides food for human consumption.
(a) Such a s a restaurant: satellite or catered feeding location; catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people; market; vending location; institution; or food bank and
(b)An operation that is conducted in a mobile, stationary, temporary, or permanent facility or location where consumption is on or offt h e premises and regardless of whether there is acharge for the food. Food Establishment does not include:
(a) A food establishment that offers only prepackaged foods
(b)A produce stand that only offers whole, uncut, fresh fruits and vegetables.
Potentially Hazardous Food means a food that requires time/temperature control for safety (TCS) to limit pathogenic microorganism growth and toxin formation.
Person means as association, individual, partnership, other legal entity, government, or governmental subdivision or agency.
Food Handlers Card means a West Virginia Department of Health and Human Resources
Food Service Workers permit that is obtained by passing a food training course from a local West Virginia Health Department or from an approved on-line course.
Requirements for Persons in Charge and Food Employees
At all times during the operation of a food establishment, there shall be a Person in Charge.
If the person in charge is not certified, then there shall also be a Manager in Charge that is certified byt h e Food Protection Manager Certification Program. and accessible during time of operation.
A new Manager in Charge of an establishment will have one hundred twenty (120) calendar days from hire or promotion date to obtain and provide proof to the management of the establishment that they possess certification from and approved Food Protection Manager Certification Program.
Non-Profit temporary food establishment are exempt from the Manager in Charge certification requirement.
All food employees must hold avalid Food Handler’s Card.
Any new food employee of an establishment will have sixty (60) calendar
days from the hire date to obtain and provide proof to the management of the establishment that they possess a valid Food Handler’s Card.
Enforcement
A. Enforcement of the article shall be implemented by the Mid-Ohio Valley Health Officer, or his or her designee.
B. Notice ofthe provisions set forth in this article shall be given to all applicants for food establishment permits in the West Virginia counties of Calhoun, Pleasants, Ritchie, Roane Wirt and Wood.
C. The Mid Ohio Valley Health Department shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance of this ordinance.
D. Any citizen who desires to register a complaint under this chapter may initiate enforcement with the Mid-Ohio Valley Health Department.
E. Any owner, manager,operatororemployeeofanyfoodservice establishment regulated by the article shall inform persons violating this article of the appropriate provisions thereof.
F. If any Manager in Charge is unable to pass the Food Protection
Manager Certification Program after two (2) proven attempts, that person shall contact the Mid-Ohio Valley Department and make arrangements to enroll in a program to obtain the necessary knowledge.
Violations and Penalties
A. Willful violation of this Food Handler Regulation is a n unlawful act. Any person who owns, manages, operates or otherwise controls the use ofa food establishment shall commit a willful violations if he/she is:
- a food employee and does not possess a valid food handlers card
- a Manager in Charge and does not possess a valid Food Protection Manager Certification
B. Penalties:
Violation of the provisions of this regulation is a misdemeanor and the Mid-Ohio Valley Health Department may take enforcement actions for violation in accordance with WV Code 16-1-18.
At the time of the adoption of the Food Handler Regulation, West Virginia Code 16-1-18 «Penalties forviolating provisions of article” provided a s follows.
Administrative Due Process
Those persons adversely affected by the enforcement of this regulation desiring a contested case hearing to determine any rights, duties interests or privileges shall do so in a manner prescribed in the Division of Health’s rule, “Rules of Procedure for contested Case Hearings and Declaratory Rulings, 64CSR1.”
The Mid-Ohio Valley Department Food Handler Regulation will become effective July 1, 2010.
The Mid-Ohio Valley Health Department will enforce the Food Handler Regulation sixty (60) days after the effective date for food workers and one- hundred-twenty (120) days for Food Protection Manager Certification for the Manager in Charge.
Revised January 28, 2016.
