§ 600-5. Person in charge required.

A. 

Each food establishment shall employ a sufficient number of persons in charge to ensure that the establishment and its employees are complying with the Code, these regulations and all applicable laws concerning the operation of the establishment.

B. 

At the time of permit application, the Board will determine the number of persons in charge that must be present on site during hours of operation based on the nature and size of the operation.

C. 

The permit holder shall ensure that the number of persons in charge designated by the Board are on site and in charge during all hours of operation. Unless otherwise specified by the Board, there shall be at least one person in charge on duty during all hours of operation.

D. 

The permit holder of a cottage food operation and/or residential kitchen operation must be a person in charge.

E. 

The permit holder shall be responsible for all violations of the Code, these regulations and all applicable laws concerning the operation of the establishment, even if they are not on site at the time of the violation.

F. 

The person in charge shall be responsible for all violations of the Code, these regulations and all applicable laws concerning the operation of the establishment during their designated shift, even if they are not on site at the time of the violation.

G. 

Once a person in charge terminates employment, establishments shall have 60 days to employ a new person in charge or have an individual enrolled in a Department-approved food manager certification program in food safety. During said period of time, the permit holder shall exercise best efforts to ensure that the establishment is properly supervised at all times, and a vacancy in the position of person in charge shall not relieve the permit holder of liability for any and all violations occurring at the establishment.

H. 

No person shall use the title "certified food protection manager," or in any way represent themselves as a manager certified in food safety unless they hold a current certificate pursuant to these regulations.