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RULE §229.177Certification of Food Managers in Areas Under the Department of State Health Services Permitting Jurisdiction

(a) Purpose. The purpose of this section is to implement a food manager certification requirement as authorized in the Texas Health and Safety Code, Chapter 437, §437.0076(b). Certification of food managers after testing on food safety principles reduces the risk of foodborne illness outbreaks caused by improper food preparation and handling techniques.

(b) Food manager certification required. One certified food manager must be employed by each food establishment permitted under Texas Health and Safety Code, §437.0055. Certification must be obtained by passing a department approved examination at an approved examination site and meeting all requirements in Texas Health and Safety Code, Chapter 438, Subchapter G, and §229.176 of this title (relating to Certification of Food Managers).

(c) Food manager certification exemptions. The following food establishments are exempt from the requirements in subsection (b) of this section:

  (1) establishments that handle only prepackaged food and do not package food as exempted in Texas Health and Safety Code, §437.0076(c);

  (2) child care facilities as exempted by Texas Health and Safety Code, §437.0076(f);

  (3) establishments that do not prepare or handle exposed Time/Temperature Control for Safety (TCS) food--(formerly Potentially Hazardous Food (PHF)), as defined in 2017 FDA Food Code 1-201.10; or

  (4) nonprofit organizations as defined in §229.371(9) of this title (relating to Permitting Retail Food Establishments).

(d) Responsibilities of a certified food manager. Responsibilities of a certified food manager include:

  (1) identifying hazards in the day-to-day operation of a food establishment that provide food for human consumption;

  (2) developing or implementing specific policies, procedures or standards to prevent foodborne illness;

  (3) supervising or directing food preparation activities and ensuring appropriate corrective actions are taken as needed to protect the health of the consumer;

  (4) training the food establishment employees on the principles of food safety; and

  (5) performing in-house self-inspections of daily operations on a periodic basis to ensure that policies and procedures concerning food safety are being followed.

(e) Certificate reciprocity. A certificate issued to an individual who successfully completes a department approved examination shall be accepted as meeting the training and testing requirements under Texas Health and Safety Code, §438.046(b).

(f) Certificate posting. The original food manager certificate shall be posted in a location in the food establishment that is conspicuous to consumers.

Source Note: The provisions of this §229.177 adopted to be effective July 7, 2002, 27 TexReg 5783; amended to be effective April 24, 2008, 33 TexReg 3278; amended to be effective February 18, 2018, 43 TexReg 578; amended to be effective December 1, 2023, 48 TexReg 6918

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