HAR §11-50-20. Supervision

(a) Except as specified in subsection (b), the owner or operator shall be the person in charge or shall designate a person in charge and shall ensure that a person in charge is present at the food establishment during all hours of operation. (b) In a food establishment with two or more separately permitted departments that are the legal responsibility of the same owner or operator and that are located on the same premises, the owner or operator may, during specific time periods when food is not being prepared, packaged, or served, designate a single person in charge who is present on the premises during all hours of operation, and who is responsible for each separately permitted food establishment on the premises. (c) Food protection certification. (1) The person in charge shall demonstrate knowledge of basic food safety by successfully completing a food safety course that is part of a department food safety program or other program approved by the department. (2) The requirements of this section may be waived by the department for any food establishments deemed by the director to pose minimal risk of causing, or contributing to, foodborne illness based on the nature of the operation and extent of food preparation. (3) Successful completion of a food safety course may be demonstrated by any valid document intended by an approved program to serve that purpose. (d) The person in charge shall ensure that: (1) Food establishment operations are not conducted in a private home or in a room used as living or sleeping quarters as specified in section 11-50- 71 (r}; (2) Persons unnecessary to the food establishment operation are not allowed in the food preparation, food storage, or warewashing areas, except that brief visits and tours may be authorized by the person in charge if steps are taken to ensure that exposed food; clean equipment, utensils, and linens; and unwrapped 50-46 §11-50-20 single-service and single-use articles are protected from contamination; (3) Employees and other persons such as delivery and maintenance persons and pesticide applicators entering the food preparation, food storage, and warewashing areas comply with this chapter; (4) Employees are effectively cleaning their hands, by routinely monitoring the employees' handwashing; (5) Employees are visibly observing foods as they are received to determine that they are from approved sources, delivered at the required temperatures, protected from contamination, unadulterated, and accurately presented, by routinely monitoring the employees' observations and periodically evaluating foods upon their receipt; (6) Employees are verifying that foods delivered to the food establishment during non-operating hours are from approved sources and are placed into appropriate storage locations such that they are maintained at the required temperatures, protected from contamination, unadulterated, and accurately presented; (7) Employees are properly cooking time/temperature control for safety food, being particularly careful in cooking those foods known to cause severe foodborne illness and death, such as eggs and comminuted meats, through daily oversight of the employees' routine monitoring of the cooking temperatures using appropriate temperature measuring devices properly scaled and calibrated as specified in sections ll-50-46(k) and 11-50-49 (q) (2); (8) Employees are using proper methods to rapidly cool time/temperature control for safety foods that are not held hot or are not for consumption within four hours, through daily oversight of the employees' routine monitoring of food temperatures during cooling; (9) Employees are properly maintaining the temperatures of time/temperature control for safety foods during hot and cold holding through daily oversight of the employees' routine monitoring of food temperatures; (10) Food employees are properly maintaining the temperature of time/temperature control for 50-47 §11-50-20 safety foods during thawing through daily oversight of the food employee's routine monitoring of food temperatures; (11) Consumers who order raw or partially cooked ready-to-eat foods of animal origin are informed as specified in section 11-50-35(d) that the food is not cooked sufficiently to ensure its safety; (12) Employees are properly sanitizing cleaned multiuse equipment and utensils before they are reused, through routine monitoring of solution temperature and exposure time for hot water sanitizing, and chemical concentration, pH, temperature, and exposure time for chemical sanitizing; (13) Consumers are notified that clean tableware is to be used when they return to self-service areas such as salad bars and buffets as specified in section 11-50-32(0); (14) Except when approval is obtained from the department as specified in section 11-50-32 (a) (5) employees are preventing cross-contamination of ready-to-eat food with bare hands by properly using suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment; (15) Employees are properly trained in food safety, including food allergy awareness, as it relates to their assigned duties. Food allergy awareness includes 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; (16) Food employees and conditional employees are informed of their responsibility to report in accordance with law, to the person in charge, information about their health and activities as they relate to diseases that are transmissible through food, as specified in section 11-50-21 (a) (1); and (17) Written procedures and plans, where specified by this chapter and as developed by the food establishment, are maintained and implemented as required. [Eff 2/24/2014; am and comp AUG 24 2025 (Auth: HRS §321-11) (Imp: HRS §321-11) 50-48 §11-50-21