Muffins on Maine proprietor denied variance to waive certified food protection manager requirement

Muffins on Maine proprietor Pam Selker asked the Westford Board of Health on April 13 to grant a variance from the 2022 federal food code that requires a certified food protection manager to be on site during all operating hours.

Selker said the shop’s busiest production hours occur before noon and that afternoon shifts are typically staffed by high school employees. “I just don't think that a food protection manager needs to be there to put a thermometer in milk to see if it's 40° or 41°,” Selker said, adding that requiring every part-time student to become certified would be burdensome for a business with limited afternoon production.

Health department staff and board members questioned that reasoning and emphasized safety and oversight. Ray, representing the health department, told the board the intent of the food code is to ensure active material control during production and throughout an establishment’s operations and noted the department’s role is “to protect the public and foodborne illness.” Joanne expressed concern about leaving teenagers in charge and pointed to risks beyond production, including sanitation, waste disposal and equipment failures.

Ray also said the department plans to offer low-cost classes for the certification exam and can reserve spots to help small-business staff become certified.

After discussion Joanne moved to disapprove the variance for Muffins on Maine; Megan seconded. A roll-call vote was recorded with Stephanie Granger, Joanne, Megan and Dr. Gopel recorded as voting in favor of the motion. The board notified proprietor Pam Selker the motion passed and the variance was not granted.

The board did not set any additional conditions for the bakery beyond the existing food-code requirement; staff offered training options for workers who need the certified food protection manager credential.