The FDA Food Code Requirement for the Person in Charge
Every restaurant has someone running the show during any given shift. The FDA Food Code has a name for that person, the Person in Charge (PIC), and it has a very specific set of obligations attached to the role.
Sections 2-101 and 2-103 define who the PIC is, what they must know, and what they’re personally responsible for during every hour of operation. A few weeks ago, I had the opportunity to participate in a question review for a licensed food safety exam provider, and we had a rich discussion about the PIC requirement and its implications for operators. Each person on the call had somewhat similar thoughts about the provision, but they also differed a bit. Thus, I thought digging into this requirement might make an interesting blog post.
The PIC is the individual present at a food establishment who is responsible for the operation at the time of inspection. Two details matter here: the PIC must be physically present, and the role rotates with each operating period. If the general manager goes home and the closing manager is the most senior person in the building, that manager is the PIC, with all the obligations that come with it.
Does the person have to be a “manager”? In other words, could you appoint a lead cook or a shift lead to serve as the PIC? Absolutely! The food code does not attach a specific title to the person in charge. Any lead employee could serve as a PIC if they meet the knowledge requirements under the code.
The Food Code doesn’t just require someone to be in charge who simply assigns tasks and tells people when they can leave for the day. Rather, the PIC must demonstrate knowledge of foodborne illness prevention. That means they must either be a certified food protection manager or demonstrate knowledge by answering a health inspector’s questions during an inspection.
In practice, your PIC should be able to speak confidently about proper cooking, holding, and cooling temperatures; the employee health policy; allergen information for your menu; and the specific food safety controls in your operation.
…The most important food safety tool in any kitchen isn’t a thermometer, it’s a knowledgeable, present, engaged PIC…
- Employees are properly trained in food safety and allergen awareness before working independently.
- The employee health reporting system is functioning, meaning that staff know to report symptoms and diagnoses to the PIC, and the PIC knows what to do with those reports.
- New hires are screened for relevant health conditions before they start handling food.
- Handwashing practices are actively monitored, not just assumed.
- Foods are received from approved suppliers, are received at correct temperatures, and are protected from contamination.
- Ill employees are kept away from food, even if they haven’t self-reported.
- Cross-contamination is controlled through proper storage, equipment use, and product flow.
- Temperature requirements are met for cold holding, hot holding, cooking, cooling, and thawing.
- Sanitizing solutions are at proper concentration, are actively monitored, and are properly used.
When a health inspector arrives, they identify the PIC first. Every question, every finding, and every corrective action runs through that person. A PIC who can’t answer knowledge questions or locate documentation is demonstrating non-compliance in real time, and that’s a violation in itself.
The PIC requirement isn’t bureaucratic overhead. It’s built on a simple, evidence-based insight: when someone knowledgeable is consistently in charge of food safety, outbreaks are less likely to happen. During a busy service with dozens of meals going out every hour, there are hundreds of food safety decision points. The PIC is the person whose job it is to actively think about each of them. The most important food safety tool in any kitchen isn’t a thermometer; it’s a knowledgeable, present, engaged PIC.
These sections are among the most consequential in the entire code and treating them as a box to check won’t move the needle on food safety. The operators who truly embrace the PIC requirement, those who understand why it exists and make sure they have a real food safety champion on every shift, are the ones protecting their customers, not just skating by to appease regulators. Risk Nothing.
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Developing Good Food Safety Habits
Good habits and habit development are something that has fascinated me for several years. If you’ve attended any the training programs or presentations that my colleagues and I have conducted through our Center for Food Safety in Child Nutrition Programs, you’ve likely heard me opine about the importance of habits and how habits are created. Many times, in foodservice operations we wonder why our staff don’t follow the food safety practices we have established in our operation. Perhaps they don’t wash their hands when they are required, perhaps they just don’t use the proper method of handwashing, or perhaps we find that they don’t complete our HACCP logs as often as our program dictates should occur. And while we can stomp our feet and say “it is their job, they should just do it”, it really isn’t that simple. We can’t order people to change, although if we could, business and human resources would be so much simpler.
Getting Your Playbook for Food Safety Organized
As anyone who has ever worked in a foodservice operation knows, from the time food is received in your establishment to the time it is served to your customers, following proper food safety practices is crucial. What many don’t often think about is this time really should extend from the time the manager places their orders with their suppliers (including which purveyors you utilize), through the time the food is consumed – even if that consumption occurs off your premises and days after the original order was picked up by the guest. This is something that has certainly been highlighted by the pandemic as customers across the nation are utilizing take-out, curbside to go, and third-party delivery options more so now than ever before.
Getting Started with Building the Infrastructure
Hopefully in our first January blog, we convinced you of the importance of establishing an infrastructure within your operation to support a safe food culture. So, how does one go about doing this? Well, like any major project, break it into small bites. In our opinion, having a written guide for employees that documents expectations related to food safety basics of employee health and hygiene, temperature controls, and cleaning and sanitizing is the first step. Having this documentation serves as a reference for training and helps fulfill the mission of most foodservice operators which is to serve safe, quality food.
Food Safety Resolutions for the New Year
Finally, 2020 is in our rearview mirror and we can all turn the page to 2021! Resolutions for the new year might be more of the same from prior years (lose weight, exercise more, less screen time, etc.) OR you may have identified new practices to implement in your operation. If the latter, likely goals included some practices related to food safety – especially given the turmoil of 2020 and heightened concern by customers. It is our philosophy that attention to safe food handling practices is a win-win for any operation because of the direct relationship between food safety and food quality, which in turn leads to customer satisfaction. This past year has also demonstrated that attention to safety can affect the bottom line. Thus, the topic of our first SafeBites webinar for 2021 is on the topic of the return on investment of food safety, it is scheduled for January 20, so register now and please plan to attend.
