| (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... |
