| (a) Purpose. This section is intended to provide the
framework of certification requirements for food managers in accordance
with Texas Health and Safety Code, Chapter 438, Subchapter G, Certification
of Food Managers, supports demonstration of food safety knowledge,
thereby reducing the risk of foodborne illness outbreaks caused by
improper food preparation and handling techniques.
(b) Definitions. The following words and terms when
used in this section shall have the following meanings unless the
context clearly indicates otherwise.
(1) ANSI-CFP Program Accreditation--Accreditation by
the American National Standards Institute (ANSI) and the Conference
for Food Protection (CFP), which accredit programs as outlined in
the CFP: Standards for Accreditation of Food Protection Manager Certification
Programs.
(2) Certificate--The documentation issued by a department-approved
Internet examination provider licensee or an ANSI-CFP Program examination
licensee verifying that an individual has complied with the requirements
of this section.
(3) Certification--The process whereby a certified
food manager certificate is issued.
(4) Certified food manager--A person who has demonstrated
that he or she has the knowledge, skills and abilities required to
protect the public from foodborne illness by means of successfully
completing a certified food manager examination and becoming certified
as described in this section.
(5) Certified food manager examination--A department-approved
Internet examination or an ANSI-CFP Program accredited on-site examination
for food manager certification.
(6) Department--The Texas Department of State Health
Services.
(7) Examination site--The physical location at which
the department-approved examination is administered.
(8) Food--A raw, cooked, or processed edible substance,
ice, beverage, or ingredient used or intended for use or for sale
in whole or in part for human consumption, or chewing gum.
(9) Food establishment--
(A) Food establishment means an operation that stores,
prepares, packages, serves, vends, or otherwise provides food for
human consumption:
(i) such as a restaurant; retail food store; satellite
or catered feeding location; catering operation if the operation provides
food directly to a consumer or to a conveyance used to transport people;
market; vending location; conveyance used to transport people; institution;
or food bank; and
(ii) that relinquishes possession of food to a consumer
directly, or indirectly through a delivery service such as home delivery
of grocery orders or restaurant takeout orders, or delivery service
that is provided by common carriers.
(B) Food establishment includes:
(i) an element of the operation such as a transportation
vehicle or a central preparation facility that supplies a vending
location or satellite feeding location unless the vending or feeding
location is permitted by the regulatory authority; and
(ii) an operation that is conducted in a mobile, stationary,
temporary, or permanent facility or location; where consumption is
on or off the premises; and regardless of whether there is a charge
for the food.
(C) Food establishment does not include:
(i) an establishment that offers only prepackaged foods
that are not potentially hazardous;
(ii) a produce stand that only offers whole, uncut
fresh fruits and vegetables;
(iii) a food processing plant;
(iv) a kitchen in a private home if only food that
is not potentially hazardous is prepared for sale or service at a
function such as a religious or charitable organization's bake sale
if allowed by law;
(v) an area where food that is prepared as specified
in clause (iv) of this subparagraph is sold or offered for human consumption;
(vi) a Bed and Breakfast Limited facility as defined
in these rules; or
(vii) a private home that receives catered or home-delivered
food.
(10) Internet examination--A department-approved examination
delivery system utilizing the Internet for food manager certification.
(11) Law--Applicable local, state and federal statutes,
regulations and ordinances.
(12) Licensee--The individual, corporation, or company
that is licensed by the department to administer a department-approved
examination for food manager certification.
(13) On-site examination--An ANSI-CFP Program accredited
paper and computer-based examination for food manager certification
administered by a certified food manager program.
(14) Person--An association, corporation, partnership,
individual or other legal entity, government or governmental subdivision
or agency.
(15) Personal validation question--A question designed
to establish the identity of the candidate taking a certified food
manager examination by requiring an answer related to the candidate's
personal information such as a driver's license number, address, date
of birth, or other similar information that is unique to the candidate.
(16) Reciprocity--Acceptance by state and local regulatory
authorities of a department-approved certified food manager certificate.
(17) Regulatory authority--The local, state, or federal
enforcement body or authorized representative having jurisdiction
over the food establishment.
(18) Two-Year Renewal Certificate--The certificate
issued by the department from May 6, 2004 to April 24, 2008, verifying
that a certified food manager has completed the application and submission
of fees for renewal of a department-issued certificate.
(c) Certified food manager.
(1) Certified food manager responsibilities. Responsibilities
of a certified food manager include:
(A) identifying hazards in the day-to-day operation
of a food establishment that provides food for human consumption;
(B) developing or implementing specific policies, procedures
or standards aimed at preventing foodborne illness;
(C) coordinating training, supervising or directing
food preparation activities and taking corrective action as needed
to protect the health of the consumer;
(D) training the food establishment employees on the
principles of food safety; and
(E) conducting in-house self-inspection of daily operations
on a periodic basis to ensure that policies and procedures concerning
food safety are being followed.
(2) Certification by a food safety examination. To
be certified, a food manager shall pass a department-approved Internet
examination or an accredited ANSI-CFP Program on-site examination.
A state-approved examination for issuance or renewal of a food manager
certificate must test an applicant on the food allergen awareness
information described by Texas Health and Safety Code §437.027(b).
(3) Certificate reciprocity. A certificate issued to
an individual who successfully completes a department-approved examination
shall be accepted as meeting the training and examination requirements
under Texas Health and Safety Code, §438.046(b).
(4) Certificate availability. The original food manager
certificate shall be posted in a location in the food establishment
that is conspicuous to consumers.
(d) On-site examination. ANSI-CFP Program accredited
food safety certification examinations shall be the only department-approved
paper and computer-based examinations.
(e) Internet examinations. A department-approved examination
utilizing the Internet for delivery shall meet the examination criteria
outlined in this section.
(f) Responsibilities for Internet examination providers.
(1) Compliance with food manager laws and rules. Internet
examination providers are responsible for compliance with food manager
laws and rules applicable to Internet examinations in this section.
(2) Examination Security Agreement. Internet examination
providers shall submit the department security agreement signed by
the certified food manager Internet examination provider licensee.
(3) Examination security. Candidates taking Internet
examinations shall be advised on the application that outside training
materials or assistance shall not be used during administration of
the examination and that appropriate measures shall be taken to assure
that the examination is not compromised.
(g) Internet examination development. Internet examination
development shall meet the criteria established by the CFP Standards for Accreditation of Food Manager
Certification Programs, §4.0, Food Safety Certification
Examination Development, as amended with the exception of the proctor
requirement at §4.14.
Cont'd... |
