California RulesQuestion 277 of 319

A food facility's only Certified Food Protection Manager (CFM/FSM) resigns on a Friday. What is the correct timeline for the operator to replace them under California law?

a.The facility has 30 days from the date the CFM left to have another certified CFM/FSM in place; operating beyond 30 days without a CFM/FSM is a violation
b.The facility must close immediately until a new CFM is hired
c.The facility has 6 months to replace the CFM
d.Replacement is optional; CFM coverage is recommended but not required

Explanation

California Retail Food Code HSC §113947.1 requires every food facility (except those serving only pre-packaged non-potentially-hazardous food, vending machines, and certain produce stands) to have at least one owner or employee with a valid Certified Food Protection Manager (CFM/FSM) certificate. If the only CFM/FSM leaves the facility, the operator has 30 calendar days to either certify a current employee or hire a new certified manager. Operating beyond 30 days without a CFM/FSM is a violation cited at routine inspection. Option B is incorrect because the law builds in a transition window and does not require immediate closure. Option C grants too much time and is not in the statute. Option D is incorrect because the CFM requirement is statutory, not advisory — facilities are required to display a copy of the CFM certificate or make it readily available to the inspector on request. This 30-day window mirrors the new-hire Food Handler Card requirement under §113948, reflecting California's general policy of allowing brief transition periods for personnel credentials.

Law Reference: HSC §113947.1

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