<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 229FOOD AND DRUG
SUBCHAPTER KTEXAS FOOD ESTABLISHMENTS
RULE §229.172Accreditation of Certified Food Management Programs

(a) Purpose. This section is intended to provide the framework for accrediting manager level food safety training programs in accordance with the Texas Health and Safety Code, Chapter 438, Subchapter D, Food Service Programs. A uniform standard governing the accreditation of food safety programs enhances the recognition of reciprocity among regulatory agencies and reduces the expense of duplicate education incurred when food establishment managers work in multiple regulatory jurisdictions. Education of the food establishment manager provides more qualified personnel, 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) Accredited certified food manager training program--A certified food manager training and testing program approved by the department that meets the standards set forth in this section.

  (2) Alternative training methods--Training other than classroom, including but not limited to distance learning, computerized training programs, and correspondence courses.

  (3) ANSI-CFP Program Accreditation--Accreditation by the American National Standard 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.

  (4) Certificate--The documentation issued by a department-approved ANSI-CFP Program examination licensee verifying that an individual has complied with the requirements of this section.

  (5) Certification--The process whereby a certified food manager certificate is issued.

  (6) 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.

  (7) Certified food manager examination--A department-approved ANSI-CFP Program accredited on-site examination for food manager certification.

  (8) Certified food manager program; certified food management program--A training program accredited by the department that provides food safety education for food establishment managers and administers a certified food manager examination for certification or recertification purposes.

    (A) Certification program--A certified food manager program whose course work consists of a minimum of 14 hours of instruction on food safety topics which may include traditional or alternative methods of training, including distance education, and at least a one-hour certified food manager examination.

    (B) Recertification program--A certified food manager program whose course work consists of a minimum of six hours of instruction on food safety topics, which may include traditional or alternative methods of training, including distance education, and a certified food manager examination.

  (9) Continuing education--Documented professional education or activities that provide for the continued proficiency of a certified food management program instructor.

  (10) Department--The Texas Department of State Health Services.

  (11) 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.

  (12) 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.

  (13) Law--Applicable local, state and federal statutes, regulations and ordinances.

  (14) Licensee--The individual, corporation or company that is licensed by the department to operate certified food management programs.

  (15) On-site examination--An ANSI-CFP Program accredited paper and computer-based examination for food manager certification administered by a certified food manager program.

  (16) Person--An association, corporation, partnership, individual, or other legal entity, government or governmental subdivision or agency.

  (17) Qualified instructor--An individual whose educational background and work experience meet the requirements for approval as a qualified food management program instructor as described in this section.

  (18) Reciprocity--Acceptance by state and local regulatory authorities of a department-approved certified food manager certificate.

  (19) Regulatory authority--The local, state, or federal enforcement body or authorized representative having jurisdiction over the food establishment.

  (20) Single entity--A corporation that educates only its own employees.

  (21) Sponsor--An individual designated in writing to the department, by the licensee, as the person responsible for administrative management of the certified food manager program.

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

  (2) Certification by training and food safety examination. To be certified, a food manager shall complete an accredited certified food management certification or recertification program and pass a certified food manager 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. Department-approved food manager certificates shall be recognized statewide by regulatory authorities as the only valid proof of successful completion of a department-accredited certified food management program.

Cont'd...

Next Page

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page