H. B. 2068

(By Delegate Fragale)
[Introduced January 14, 1998
; referred to the
Committee on Health and Human Resources then
Government Organization.]

A BILL to amend chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article thirty-five, relating to establishing minimum standards for instruction of food service safety and sanitation; creating an accreditation procedure; defining terms; establishing qualifications for providers; setting forth a minimum curriculum plan; designating type of study; setting forth minimum examination rules; providing for required levels of comprehension for instruction; creating a commission; listing fields of experience from which members of the commission may be drawn; establishing civil penalties for violation of this article; providing for duties of provider; providing for open meetings of the commission; providing for the course topics for different levels of experience; providing that the public health sanitation division within the health and human services department shall implement and regulate this article; and providing for responsibility for the expenses of the commission.

Be it enacted by the Legislature of West Virginia:
That chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article thirty-five, to read as follows:
§16-35-1. Scope.

This article establishes the minimum standards for instruction of food service safety and sanitation for all food employees working in tax-supported food service operations in West Virginia.
§16-35-2. Purpose.
The purpose of this legislation is to assure competent, applied food service instruction in relevant principles and practices of food safety and microbiology. The intent is to maximize proactive measures to prevent food borne disease and to minimize costly food spoilage and wastage in all West Virginia public institutions where food is served for public consumption and therefore, introduce and apply productive hazard analysis of critical control points (HACCP) concepts to food service operations.
§16-35-3. General considerations.
Provisions of this article establish an accreditation procedure to assure competency in basic food microbiology food safety teaching, learning and practice of food safety principles by cooks, food handlers and others in institutional food service operations in West Virginia. An important aspect of this article is the oversight requirement for hard copy student evaluation of training, provider recordkeeping and accreditated curriculum plans. The regulations outlined herein are in direct support of existing regulations that require eighteen continuing education hours annually for all school food service personnel. Of these eighteen hours, ten would be required in food safety-food microbiology as identified herein.
§16-35-4. Definitions.
As used in this article:
(a) "Clinical" means a hospital or nursing home setting where stringent conditions of sanitation are most necessary because of the high risk group of consumer clients. Drinking water, potable water that meets 40CFR part 141 national drinking water standards.
(b) "Clock hours" means a fifty-minute continuous segment of direct or self-study.
(c) "Course of instruction" means ten clock hours of approved, direct and indirect participation or direct alone, which is equal to one continuing education unit (1 CEU).
(d) "Critical control point" means any point in a specific food related processing, storage, cooking, serving, receiving or holding activity where loss of control may result in an unacceptable health risk.
(e) "Curriculum" means a written plan of learning activities that contains clock hour sequences of the subject matter titles on a half-hour basis or in twenty and thirty minute segments.
(f) "Curriculum evaluation" means an ongoing evaluation of each course taught. At a minimum it shall include the class list (names and addresses), final exams of students, and actual feedback critiques by student recipients. Each provider shall keep these records for five years and make them available for review by the authority and commission upon request; and "curriculum content" means the subject matter and approaches used in food safety training as set forth in sections five, six and seven of this article.
(g) "Direct participation" means prior approved face-to-face live interaction between instructor and students.
(h) "Equipment" means any article used in the operation of a food establishment such as a freezer, grinder, hood, ice maker, meatblock, mixer, oven, reach in refrigerator, scale, slicer, stove, table temperature measuring devices for ambient air, a food product, vending machines, or an apparatus or supplies for washing.
(i) "Food" means any raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use or for sale, in whole or in part, for human consumption.
(j) "Foodborne disease" means any chemical or biological poisoning caused by toxins or otherwise as the result of eating contaminated food.
(k) "Food employee" means any permit-holder person in charge, person having direct supervisory or management duties, a person on the payroll, volunteer or any other person working in an institutional food establishment and their food suppliers who works directly with unpackaged or packaged food, food equipment or utensils or food contact surfaces.
(l) "Food microbiology training" means instructions that will include in lay-terms, basic nature of spoilage and disease-producing agents, causes of vectors, cross contaminants, contact time, temperature, as effects on growth of microorganisms in cafeterias, refrigerators, kitchens and in equipment.
(m) "Food safety/sanitation training" means instruction that will include proactive measures of sanitation and contamination prevention, official food process and storage requirements as prescribed by the state health department and HACCP considerations and applications in cafeteria settings.
(n) "Food safety training" means the annual requirement of which ten hours will be applied to food microbiology training for every food employee.
(o) "HACCP system" means an in-place day-to-day system involving all food employees of a service to prevent loss of control of critical control points and documentation of HACCP activities.
(p) "HACCP team" means the identified day-to-day food employees HACCP trained according to provisions of this article.
(q) "Hazard" means any biological, physical or chemical property that may cause an unacceptable consumer health risk.
(r) "Indirect participation" means prior approved self-study or correspondence studies in conjunction with direct participation.
(s) "Institutional food establishment" means any public eating place supported by state tax revenues such as, but not limited to, school and hospital cafeterias of state-supported institutions and their food suppliers; processing and storage areas.
(t) "Instructor" means one who possesses a bachelor's degree or higher in food or public health microbiology or has extensive five years or more training in food safety-laboratory sciences and epidemiology.
(u) "Instructor of record" means an employee of the approved provider who, at a minimum, has an earned masters of science in microbiology, epidemiology and at least five years successful teaching experience in off-campus, adult education in food safety.
(v) "Off-campus adult education" means nontraditional education for the out-of-school adult via seminars, workshops, correspondence courses for approved, continuing education credit.
(w) "Potentially hazardous food" means a food that is natural or synthetic and is in a form capable of rapid and progressive growth of infectious or toxigenic microorganisms.
(x) "Providers" means public and private entities that develop, supervise and teach food safety education subject matter and maintain student and instructor records.
(y) "Sanitation" means the application of cumulative heat or chemicals on cleaned food contact surfaces that when evaluated for efficacy yield a reduction of five logs (99.999%) of representative disease microorganisms of public health importance.
(z) "Subcourse of instruction" means one or more clock hours of approved instruction. Each hour is equal to 0.1 CEU of credit.
(aa) "Training" means the annual requirement for eighteen clock hours of relevant continuing education in food service operations.
§16-35-5. Framework for food safety instruction; duration of teaching and study; student involvement, crediting, evaluations.
(a) Self-study or correspondence requires mail-back completed examinations before credit can be awarded to students with a passing grade of seventy percent. All certificates of course completion and students' grades shall be mailed by providers within two weeks of receipt of examinations from students.
(b) In no case, may vendor visits or exhibit viewing or expositions, trade show attendance or any other unapproved teaching substitute for any part of required, approved clock hours for food safety training. Credit may not be given for duplicate courses in a two-year period or carry-over credit from prior years.
(c) Providers shall be private or public entities recognized for their previous expertise in food microbiology training. The chief representative of the provider or his or her delegate (instructors of record) shall have five or more years out-of-school adult education experience and hold an earned masters of science degree or higher in food sanitation and microbiology. In addition, the designated representative shall have successfully taught laboratory courses in microbiology and conducted active research in food safety. He or she must directly participate in all instruction and be an observer of all courses taught by the provider and shall be the designated instructor of record on all course outlines evaluations.
(d) Applicants shall complete the official application forms including their curriculum plan and submit these to the review authority by the first day of July of each year.
(e) At a minimum, the submitted curriculum plan shall include:
(1) Course, title or subcourse title (if less than ten clock hours);
(2) Teaching objectives;
(3) Format of learning (seminar, workshop, etc.);
(4) References for instruction, including single copies of all texts, course outlines, exams and handouts;
(5) Instructor of record (include biography);
(6) Assistant instructors if any (include biography); and
(7) Running schedule of activities by topic (see example below).
Time Duration
Topics for 3 Clock Hours;

3-50 minute sessions
8:00 - 8:30AM 30 Minutes Topic 1
8:30 - 8:50
20 Minutes Topic 2
9:00 - 9:3030 Minutes Topic 3
9:30 - 9:5020 Minutes Topic 4
10:00 - 10:3030 Minutes Topic 5
10:30 - 10:5020 Minutes Review, Topics 1-5
(complete as needed with Written Exam of
additional entries) Topics 1-5
Exam period will not
exceed 30 minutes

(f) Examinations may be open book but shall be closely monitored and the sole work of the individual taking the exam. For correspondence examinations, students shall provide a sworn, signed affidavit by their supervisor that completed exams were the work of each student. Each topic shall be covered by at least four examination questions, and no topics may be omitted from testing.
§16-35-6. Course contents.
(a) Providers and instructors must realize that the intended audience, while intelligent, has probably not taken college-level courses in microbiology or other laboratory sciences or perhaps high school science courses, either. Therefore all instruction must be geared to a basic-hands-on level of understanding with the presumption of no prior science preparations by the student, who is dedicated, intelligent and eager to learn.
(b) Pursuant to subsection (a) of this section, a commission of three members shall be formed, chosen on the basis of one of the following experiences in adult continuing education, each having served for fifteen or more years in one of these fields, and no two members may be from the same career field, category 1-5, listed below:
(1) County extension teaching;
(2) Food microbiology, epidemiology, clinical microbiology;
(3) Public health sanitation, food engineering;
(4) Clinical food service management; and
(5) Medical, public health laboratory management.
(c) The commission members serve a rotating three-year term and shall assist in the review of all applications by providers and the monitoring of course presentation and recordkeeping. The commission shall meet twice yearly or more often if necessary; keep orderly records including minutes of meetings and a file of acceptable providers and courses taught. A state sanitarian, or his or her equivalent shall serve ex officio and provide secretarial support to the commission.
(d) Providers shall keep all student records for at least five years. For every student, providers shall submit prior to the thirtieth day of June of each year a list of those food employees who qualified with credit that year. Providers shall renew applications each year by the thirtieth day of July; and every two years submit new curriculum plans. Each instructor of record and assistant instructor must be approved by the commission prior to teaching in any approved provider program in the subject matter area within the scope of this bill.
(e) Directors of food services and their chief administrators shall provide the commission a list of food employees and those on the list who currently have qualified each year prior to the thirtieth day of June with exception of those in school lunch programs where food employees, for a given school year, will be qualified preferably on a basis of an extended sixty-day grace period. In no case, may duplicate instruction be given to count for two successive years of continuing education qualifications.
(f) Each recipient of instruction is honor-bound to do individual work on all study materials and examinations and within the purview of this law may apply every ten approved clock hours as are post high school credit for monthly pay increments, in accordance with current regulations for monthly staff development pay incentives.
§16-35-7. Review and consequences of violation.
Any party who knowingly falsifies any documents or misrepresents his or her authority shall be fined not less than one thousand dollars and dismissed from employment, if the person has intentionally
violated any requirements of this law.
§16-35-8. Notification to commission.
Providers shall furnish a sample copy of their contract for training including a fees schedule. Providers shall notify the commission of date and location of contracted training and the name of the provider at least three working days in advance of training.
§16-35-9. Open meetings.
Meetings of the commission shall be open to the public. Any member of the commission reserves the right to visit any in-progress training and make observations, thereof.
§16-35-10. Responsibilities of the parties.
Authority is vested for review and final decisions within the health and human services department, public health sanitation division, whose responsibility it is to implement this article.
§16-35-11. Expenses.
All expenses for training shall be borne by recipients or their immediate employers at the local level with exception of the expenses for printing and other services by the commission which will include travel, per diem and one hundred twenty-five dollars per day honorarium for official participation at commission meetings. The authority shall provide secretarial services to the commission, as needed, in most cases, commission business can be handled by routine mail and telephone conferences.

NOTE: The purpose of this bill is to set minimum standards for instruction of food service safety and sanitation for all food employees working in tax supported food service operations in West Virginia; and to create a commission to implement the provisions of this article.
This article is new; therefore, strike-throughs and underscoring have been omitted.