Section 410IAC7-24-118. Demonstration of knowledge

   (a) Based on the risk of foodborne illness inherent to the retail 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 HACCP principles, and the requirements of this rule. The person-in-charge shall demonstrate this knowledge by either of the following:

(1) Having a certified food employee who has shown proficiency of required information through passing a test that is part of an accredited program, as per 410 IAC 7-22.

(2) If the retail food establishment is exempt from 410 IAC 7-22, the demonstration of knowledge shall be met by the following:

(A) Compliance with this rule by having no critical violation or violations during the current inspection.

(B) Responding correctly to the inspector's questions as they relate to the specific food operation. The areas of knowledge include the following:

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

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

(iii) Describing the symptoms associated with the diseases that are transmissible through food.

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

(v) Explaining the hazards involved in the consumption of raw or undercooked meat, poultry, eggs, and fish.

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

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

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

(AA) Cross-contamination.

(BB) Hand contact with ready-to-eat foods.

(CC) Hand washing.

(DD) Maintaining the retail food establishment in a clean condition and in good repair.

(ix) Explaining the relationship between food safety and providing equipment that is as follows:

(AA) Sufficient in number and capacity.

(BB) Properly designed, constructed, located, installed, operated, maintained, and cleaned.

(x) Explaining correct procedures for cleaning and sanitizing utensils and food contact surfaces of equipment.

(xi) 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.

(xii) 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 law.

(xiii) Identifying critical control points in the operation from purchasing through sale or service that when not controlled may contribute to the transmission of foodborne illness and explaining steps taken to ensure that the points are controlled in accordance with this rule.

(xiv) Explaining the details of how the person-in-charge and food employees comply with the HACCP plan if a plan is required by the law, this rule, or an agreement between the regulatory authority and the establishment.

(xv) Explaining the responsibilities, rights, and authorities assigned by this rule to the:

(AA) food employee;

(BB) person-in-charge; and

(CC) regulatory authority.

  (b) For purposes of this section, a violation of subsection (a) is a critical item. (Indiana State Department of Health; 410 IAC 7-24-118; filed Oct 13, 2004, 12:30 p.m.: 28 IR 838; readopted filed Jul 15, 2010, 12:12 p.m.: 20100728-IR-410100261RFA; readopted filed Nov 10, 2016, 8:45 a.m.: 20161207-IR-410160371RFA)