|(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;
(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