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2006 CFP Issue: I-003

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Person in Charge (PIC) Designation During Non-Production Periods

This PIC designation during non-production periods issue was presented as Issue 2004 I-013 under Council I at the 2004 CFP (see attached). It was accepted as amended by Council and approved by the delegates to request FDA resolve the issue through administrative process or brought back to the 2006 CFP as an Issue.

The FDA conceptually agreed with the recommendation by Council with approval of the delegates to resolve this, but no changes were made to the 2005 FC, Section 2-101.11 or the Public Health Reasons/Administrative Guidelines in Annex 3.

The 2004 issue expressed a valid need by the retail grocery industry to allow a designated PIC to take accountability for all store departments during those times that are no longer under regular operations, but are in non-production periods. There are several reasons behind this request, as follows:

1) The FDA Food Code in 2-101.11 requires a Person in Charge to be designated during all hours of operation. This requirement is well accepted by the industry and they have no concerns with the requirement for one PERSON IN CHARGE for one facility.

2) Some regulatory food agencies require a separate license for each store department as a FOOD ESTABLISHMENT and require that each department have a designated PERSON IN CHARGE even though it is under the same ownership of the larger facility, and even during periods of non-production. This places an unreasonable burden on the industry resources when departments are no longer in food production operation.

Retail food store managers are well versed in addressing all store needs while they rotate throughout the store providing coverage of each department. This includes when certain departments are not in regular operation but very limited operations. Limited or non-production operations where a PIC may need to provide coverage in departments include dealing with the periodic customer issues, providing associate guidance, addressing operational problems as they arise, and directing corrective actions when necessary.

Public Health Significance

Public health would not be affected since a designated PIC, trained to meet the intent of and comply with the Food Code would still be "on-site", in the store, during all hours of operation.

The position presented in the 2004 CFP and being presented in 2006 demonstrates that the acceptance of this recommendation by the CFP and FDA will allow the industry flexibility in coverage for those departments that are individually licensed as FOOD ESTABLISHMENTS and under the same ownership, during the non-production periods. This new PIC designation will improve uniformity of Food Code compliance in grocery stores that own and have individually licensed operations at one location and also allow stores to reasonably allocate labor while safeguarding public health.

Recommended Solution: The Conference recommends...

that the Conference Chair send a letter to FDA recommending that Section 2-101.11 be amended as follows:

Except as specified in ¶ (B) of this section, the PERMIT HOLDER shall be the PERSON IN CHARGE or shall designate a PERSON IN CHARGE and shall ensure that a PERSON IN CHARGE is present in the Food Establishment;

(A) During all hours of operation, or

(B) When multiple FOOD ESTABLISHMENTS under the PERMIT HOLDER are located within one facility but individually licensed by the regulatory authority, the PERMIT HOLDER shall designate a PERSON IN CHARGE to be on-site and provide coverage to the FOOD ESTABLISHMENTS during periods of non-production.


(See below)

Submitter Information:

Name Larry Edwards
Organization Food Marketing Institute
Address 655 15th Street NW, Suite 700
  Washington, DC 20005
Telephone 202 220-0659 Fax 202 220-0876
Email ledwards@fmi.org

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