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Health Department endorses updating Arkansas to 2013 FDA food code and requiring certified food managers; industry voices support
Summary
The Department of Health presented a rule to update Arkansas to the 2013 FDA Model Food Code and require at least one certified food manager at Type 2/Type 3 establishments (retail restaurants and convenience stores that prepare food); the rule was reviewed by the committee and industry witnesses, including the Arkansas Restaurant Association, told lawmakers they support certification and training access.
The Arkansas Department of Health told the Senate Public Health, Welfare and Labor Committee it will update state food‑safety regulations to align with the 2013 FDA Model Food Code and require a certified food manager at each Type 2 and Type 3 food service establishment. Laura Shue, general counsel for the Department, said the Board of Health approved the rule in 2017 and the governor approved it in 2018; the rule would take effect one year after its effective date.
Nut graf: Department officials argued certification and manager training reduce foodborne illness risk and improve compliance with core food‑safety practices. "We do believe that having a certified food manager in a restaurant ... the science does indicate that by training managers in the basic principles of food safety, that they are more likely to actively control the top 5 risk factors," Shue said.
The committee and stakeholders pressed for specifics about scope, enforcement and fiscal impact. Senators asked whether convenience stores and small operators would be covered and whether violations could lead to license denial; Department staff said the requirement would apply to Type 2/Type 3 establishments and that noncompliance would be treated as a routine violation with a one‑year window to come into compliance rather than automatic license revocation. Committee members requested access to the full rule text online to review details not in the summary packet.
Industry representatives from the Arkansas Restaurant Association told lawmakers they support formalizing certification and that training is already widely available through programs such as ServSafe. "We are in favor of certification," Monty McNulty, CEO of the Arkansas Restaurant Association, said, noting in‑person and online classes and a national database for certified managers.
Procedurally, the committee reviewed the rule and the chair announced the rule "stands reviewed" without objection; the proposal is scheduled for further review at the Administrative Rules subcommittee and final ALC consideration later in the summer.
