Current through Reg. 49, No. 38; September 20, 2024
(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.
(4) Certificate availability. The original
certified food manager certificate shall be posted in a location in the food
establishment that is conspicuous to consumers.
(d) Certification program course curriculum.
A certification program shall include a minimum of 14 hours of food safety
training utilizing the training and time requirements in Texas Health and
Safety Code, §
438.043(a).
(e) Recertification program course
curriculum. A recertification training program shall include a minimum of six
hours of food safety training.
(f)
Requirements for qualification of instructors. The instructors for all
certified food management programs shall be department-qualified prior to
teaching a class. The instructors for all certified food management programs
shall meet the qualifications in these rules. Instructors meeting these
qualifications shall be approved for the two-year permit term of the certified
food management program licensee. The completed application form shall be
submitted to the department through the accredited certified food management
program licensee.
(1) New instructors. A
completed application for new instructors shall be submitted by the program
licensee to the department with the following documentation:
(A) the completed and signed application
form;
(B) a copy of a valid food
management certificate; and
(C)
verification of education or experience in food safety documented by one of the
following:
(i) an associate or higher college
degree from an accredited institution in a major related to food safety or
environmental health, evidenced by a copy of the candidate's diploma or
transcript;
(ii) five years of food
establishment work experience as a food manager verified in an attached resume;
or
(iii) two years of regulatory
food inspection experience verified in an attached resume.
(2) Nationally accredited program
instructors. Nationally accredited program instructors who have met the minimum
standards as set forth by this section shall be given reciprocity when
instructing and administering an ANSI-CFP Program Accreditation
examination.
(g)
Responsibilities of qualified instructors.
(1)
Compliance with certified food management program laws and rules. All qualified
instructors are responsible for compliance with applicable certified food
management program laws and rules.
(2) Training requirements. All qualified
instructors are responsible for instructing the course content as specified in
subsection (o)(3) of this section, and meeting the training time requirements
as specified in subsection (n)(6) of this section.
(h) Requirements for the renewal of qualified
instructors. In order to renew an instructor's qualification, the program
licensee shall comply with the requirements of this subsection.
(1) Contact hours for continuing education.
Certified food management programs shall submit a renewal application and
documentation of five contact hours of continuing education for each instructor
during the two-year certified food manager program license period to maintain
qualification as a certified food manager program instructor.
(2) Accepted continuing education topics.
Continuing education topics may include areas in food safety or instruction
enhancement.
(3) Verification of
continuing education. The following may be used for continuing education:
(A) a certificate of completion for a course
or seminar with the participant's name, course name, date and number of contact
hours earned;
(B) a college
transcript with course description; or
(C) other documentation of attendance as
approved by the department.
(i) On-site examination. ANSI-CFP Program
accredited food safety certification examinations shall be the only
department-approved paper and computer-based certified food manager
examinations.
(j) Certified food
manager certificates.
(1) General certificate
issuance. Certificates shall be issued by the department-approved examination
provider. Candidates whose certificates are issued after successful passage of
a department-approved examination shall be deemed to meet the requirements for
food manager certification.
(2)
Certificate period. A certified food manager certificate issued by a
department-approved examination provider under this section shall comply with
the CFP Standards for Accreditation of Food Protection Manager
Certification Programs,
§7.3, Effective Date of Certificate, as
amended.
(3) Recertification.
Candidates may become recertified by taking a recertification class and passing
a department-approved examination, or by passing an examination as described in
§
229.176(i)(3) of
this title (relating to Certification of Food Managers).
(4) Certification through single entity
corporations. Candidates from accredited single entity corporations may receive
food manager certificates as described in this section, except that the food
manager certificate shall:
(A) clearly
indicate that the certificate is valid for food manager duties performed for
the single entity only;
(B) be
recognized by regulatory authorities for only that single entity; and
(C) not receive reciprocity or
recertification.
(k) Department certificate.
(1) Two-year renewal certificate. Certified
food manager certificates issued by the department from May 6, 2004 to April
24, 2008, shall be renewed every two years and may be renewed two
times.
(2) Department certificate
replacement. An individual requesting a certified food manager certificate
replacement shall submit a completed written application to the department with
the appropriate non-refundable fee. Replacement certificates will bear the same
expiration date as the original certificate.
(l) Department certificate fees.
(1) Two-year renewal certificate fee. The fee
for renewal of a two-year certificate issued shall be $10.
(2) Replacement certificate fee. A
replacement certificate fee for the department examination shall be
$15.
(3) Texas.gov fee. For all
applications and renewal applications, the department is authorized to collect
subscription and convenience fees, in amounts determined by Texas.gov, to
recover costs associated with application and renewal application processing
through Texas.gov.
(m)
Licensing of single entity certified food management programs. In addition to
the licensing requirements as specified in subsection (n) of this section, a
corporation wishing to use a single entity option, which offers course length
and topic requirements as specified in Texas Health and Safety Code, §
438.043(a),
shall submit to the department:
(1) a copy of
the course syllabus; and
(2) a copy
of the course curriculum.
(n) Licensing of certified food management
program licensee. The department shall issue a license of accreditation to each
certified food management program licensee who has demonstrated compliance with
this section. A license issued under these rules shall expire two years from
the date of issuance. This license is not transferable on change of ownership,
name, or site location.
(1) Application. A
person wishing to apply for a certification or recertification certified food
management program license shall submit a completed application to the
department.
(2) Security agreement.
The licensee shall submit a signed security agreement stating that individual
examination items, examination item banks, certified food manager certification
examinations, examination answer sheets, and candidate scores shall be secure
at all times, and during administration that the examinations shall remain
secure.
(3) Certified food
management program license fee. The completed license application shall include
the appropriate non-refundable fee as specified in subsection (p)(1) of this
section.
(4) Sponsor. The licensee
may designate a certified food manager program sponsor as the person
responsible for the administrative management of the program.
(5) Qualified instructor. The licensee shall
provide a list of all qualified food management program instructors who plan to
teach an accredited certification or recertification course to the department.
A completed instructor application, along with other necessary documentation
shall be submitted for all non-qualified instructors.
(6) Course syllabus. The licensee shall
provide a course syllabus to the department verifying the minimum of 14 hours
of training for a certification program as specified in subsection (d) of this
section and a minimum of six hours of training for a recertification program as
specified in subsection (e) of this section. The training methods shall be
designated on the application. A course curriculum shall be available for
review to verify the course syllabus.
(7) Certification examination.
Department-approved examinations utilized by the certified food management
programs shall be designated on the completed application.
(o) Responsibilities of a licensee.
(1) Compliance with certified food management
program laws and rules. The licensee is responsible for compliance with
applicable certified food management program laws and rules.
(2) Payment of fees. All fees shall be
non-refundable and paid as specified in subsection (p) of this
section.
(3) Certified food
management program course content. All certified food management programs shall
be taught utilizing the training and time requirements in Texas Health and
Safety Code, §
438.043(a).
(4) Change of sponsor. The licensee shall
notify the department in writing of the name of the new program
sponsor.
(5) Change of qualified
instructor. The licensee shall ensure that only a department-qualified
instructor serves as the instructor for the certified food management program.
All new instructors shall complete the application for new instructors that
shall be submitted by the licensee to the department with the applicable
documentation. Licensees shall instruct all new instructors on the applicable
laws and rules and administrative responsibilities.
(p) Required fees. All fees are payable to
the Department of State Health Services and are non-refundable. Licensees shall
submit fees with the appropriate form that relates to the fee category. A
current license shall only be issued when all past due fees and late fees are
paid for all years of operation in Texas. The fees shall be:
(1) Certified food manager program license
fee for initial, renewal, or change of ownership. The certified food manger
program license fee shall be $600 for a two-year license for each certification
or recertification program.
(2)
Certified food manager program amended license fee. Program amendment fees
shall be $300 for each certification or recertification program.
(3) Late fee. Certified food manager
licensees submitting a completed renewal application to the department after
the expiration date shall pay an additional $100 as a late fee.
(4) Texas.gov fee. For all applications and
renewal applications, the department is authorized to collect subscription and
convenience fees, in amounts determined by Texas.gov, to recover costs
associated with application and renewal application processing through
Texas.gov.
(q) Certified
food management program registry. The department shall maintain a program
registry of all accredited certification and recertification programs. The
registry shall be made available on the department website.
(r) Department audits. Audits of examination
and classroom may be conducted to assess program compliance. Audits may be
based on analysis of data compiled by the department. The licensee shall allow
personnel authorized by the department access for the purposes of an
audit.
(s) Denial, suspension and
revocation of program accreditation. An accredited food manager program license
may be denied, suspended or revoked for the following reasons:
(1) breach of the security
agreement;
(2) delinquency in
payment of fees as described in this section; or
(3) violation of the provisions of this
section.
(t) Denial,
suspension and revocation procedures. Denial, suspension and revocation
procedures under this section shall be conducted in accordance with the
Administrative Procedure Act, Texas Government Code, Chapter 2001.
(u) Suspension of License Relating to Child
Support and Child Custody.
(1) On receipt of a
final court order or attorney general's order suspending a license due to
failure to pay child support or for failure to comply with the terms of a court
order providing for the possession of or access to a child, the department
shall immediately determine if a license has been issued to the obligator named
and:
(A) record the suspension of the license
in the department's records;
(B)
report the suspension as appropriate; and
(C) demand surrender of the suspended
license.
(2) The
department shall implement the terms of a final court or attorney general's
order suspending a license without additional review or hearing. The board will
provide notice as appropriate to the licensee or to others concerned with the
license.
(3) The department may not
modify, remand, reverse, vacate, or stay a court or attorney general's order
suspending a license issued under the Texas Family Code, Chapter 232, and may
not review, vacate, or reconsider the terms of an order.
(4) A licensee who is the subject of a final
court or attorney general's order suspending his or her license is not entitled
to a refund for any fee paid to the department.
(5) If a suspension overlaps a license
renewal period, an individual with a license suspended under this section shall
comply with the normal renewal procedures in the Act and this chapter; however,
the license will not be renewed until subsections (l) and (m) of this section
are met.
