How to fail in one step… follow advice from Facebook Groups

One of many pathogens found in improperly cooked foods.

​​“Pride is pride not because it hates being wrong, but because it loves being wrong: To hate being wrong is to change your opinion when you are proven wrong; whereas pride, even when proven wrong, decides to go on being wrong.” 






     I am a part of many vending related Facebook groups. Some I just read and rarely comment. Others I comment often trying to clarify answers and actually help people learn and better their business. I even had one group ban me when I asked in a private message why they allowed illegal information encouraging tax fraud to remain unchallenged. They claim to be an “academy” for food vendors but if you won’t delete or correct illegal information , the only thing you are an “academy” for is failure.
     This weekend I got into a debate over whether a food certification is required in certain states. Some states like Florida actually ask for the certification on their inspection form, making it clear the certification is required. Other states are very ambiguous as to whether the certification is required. One person quoted me an email from her inspector stating the certification is not required. Leaving that statement as absolute proof you need not be certified. EXCEPT while the certification is not required the very first thing on the inspection sheet for that state asks: “Person in charge present, demonstrates knowledge, and performs duties”.
     How do you “demonstrate knowledge”? According to every FDA Code starting in 1997 (find them all here) and every code year including 2017 is a passage containing this:

• Knowledge
• 2-102.11 Demonstration. *
• Based on the risks of food borne illness inherent to the food operation, during inspections and upon request the person in charge shall demonstrate to the regulatory authority knowledge of food borne disease prevention, application of the Hazard Analysis Critical Control Point principles, and the requirements of this Code. The person in charge shall demonstrate this knowledge by compliance with this Code, by being a certified food protection manager who has shown proficiency of required information through passing a test that is part of an accredited program, or by responding correctly to the inspector's questions as they relate to the specific food operation. The areas of knowledge include:...

And then it lists 17 different ways to demonstrate knowledge. This is the 1997 version. In 2017 that passage is worded:

• Knowledge
• 2-102.11 Demonstration.
• Based on the RISKS inherent to the 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 HAZARD Analysis and CRITICAL CONTROL POINT principles, and the requirements of this Code. The PERSON IN CHARGE shall demonstrate this knowledge by:

1.     Complying with this Code by having no violations of PRIORITY ITEMS during the current inspection; Pf
2.         Being a certified FOOD protection manager who has shown proficiency of required information through passing a test that is part of an ACCREDITED PROGRAM; Pf or
3.        Responding correctly to the inspector's questions as they relate to the specific FOOD operation. The areas of knowledge include:

And it goes on to list 17 areas for the questions. The inspector can ask as many as they want until satisfied the person in charge possesses enough knowledge to safely sell food.

Understand 48 out of 50 states base their code on the FDA model code(link). The only difference is which year they use. NY and CT are the outliers using their own codes. CT does require what they call a Qualified Food Operator and NY code says this:

• 14-1.73 Personnel training.
• The permit-issuing official may establish and conduct or designate training programs and require that owners and/or operators of food service establishments attend them.

​Demonstrating knowledge is done by one of 3 ways as noted in the FDA Codes:

1. First by having NO VIOLATIONS of Priority items. Meaning if you lose points in one critical area you lose points in this area as well. In many states the best your inspection can now score is 90.
2. Second by actually showing the inspector the certificate you are given when you pass the test.
3. Third by answering random questions the inspector will pose. Do you really want to be put on the spot in front of your employees or guests? If you are afraid of a multiple-choice test that you have time to study for, imagine how an on the spot verbal test will feel.

     Bottom line is EVERY state requires either a knowledge base as demonstrated by answering questions specific to your food operation, not missing a Priority Item on the inspection or taking a course and passing an exam. As much as the part time amateur vendors like to say food service is common sense, frankly it is far from common. The knowledge required to safely serve food, free of pathogens and other contaminates is gained through training. There is no instinct or tribal knowledge passed down thru your genes that will ready you for serving safe food. NONE! Common sense may tell you to wash your hands after going to the bath room, but common sense does not tell you the safe cooking temperatures for various meats or what bacteria is potentially present in romaine lettuce. TRAINING DOES.
     Asking your sanitarian “Does our state require Serv-Safe?” could get you an incomplete answer of “No, we do not require Serv-Safe”. Making you think “Oh yeah! No test for me!”, when the actual question should have been “Where do I get the training needed to meet knowledge demonstration requirement in our state’s food code?” That answer would be: “Take one of the courses and tests approved by our state and you can find those on our website.” The point here is asking the correct question gets you the right information.
     Understand Serv-Safe is generically used to refer to training, testing and certification for becoming a Certified Food Manager. Your state may only accept a certification they offer, or they may accept several different companies that offer training and testing. However, rest assured you need training or your food vendor career will be a short one.

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