Current through Reg. 49, No. 38; September 20, 2024
(a) Purpose. This
section is intended to provide the framework for accrediting food safety
education or training programs for food handlers in accordance with the Texas
Health and Safety Code Chapter 438, Subchapter D, §438.0431. A uniform
standard governing the accreditation of food handler programs enhances the
recognition of reciprocity among regulatory agencies and reduces the expense of
duplicate education incurred when food handlers work in multiple regulatory
jurisdictions. Education of the food handlers provides more qualified
employees, 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 food handler program--A program approved by the department that
meets the standards set forth in this section.
(2) Department--The Texas Department of State
Health Services.
(3) 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.
(4) 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.
(5) Food handler--A food service employee who
works with unpackaged food, food equipment or utensils, or food contact
surfaces.
(6) Law--Applicable
local, state and federal statutes, regulations and ordinances.
(7) Licensee--The individual, corporation or
company that is licensed by the department to operate certified food handler
programs.
(8) Person--An
association, corporation, individual, partnership or other legal entity,
government or governmental subdivision or agency.
(9) Reciprocity--Acceptance by state and
local regulatory authorities of a food handler certificate issued by a
department accredited food handler program.
(10) Regulatory authority--The local, state,
or federal enforcement body or authorized representative having jurisdiction
over the food establishment.
(11)
Sponsor--An individual designated in writing to the department, by the
licensee, as the person responsible for administrative management of the
program.
(c) Food handler
education and training program. The department may accredit an education or
training program for basic food safety. The program shall include employee
knowledge, responsibilities and training as required in Chapter 228 of this
title (relating to Retail Food Establishments).
(1) Education or training course curriculum.
A food handler training or education course shall include the following basic
food safety principles.
(A) Foodborne disease
outbreak. Instruction on foodborne disease outbreak shall include the
definition of foodborne disease outbreak, the causes and preventive measures,
including employee reporting requirements as defined in Chapter 228, Subchapter
B of this title (relating to Management and Personnel).
(B) Good hygienic practices. Instruction on
good hygienic practices shall include the procedures as required in Chapter
228, Subchapter B of this title.
(C) Preventing contamination by employees.
Instruction shall include the training as required in Chapter 228, Subchapter C
of this title (relating to Food), regarding the training requirements for
contact with ready to eat food with their bare hands.
(D) Cross Contamination. Instruction on cross
contamination shall include procedures on the prevention of cross-contamination
of foods, sanitization methods and corrective actions as required in 2017 FDA
Food Code, Chapters 3 and 4.
(E)
Time and temperature. Instruction shall include time and temperature control of
foods to limit pathogen growth or toxin production as required in Chapter 228,
Subchapter C of this title.
(F)
Food Allergen Awareness. Instruction shall include the food allergen awareness
information described by Texas Health and Safety Code §
437.027(b).
(2) Course length. The course
length may not exceed two hours.
(3) Course examination. A training or
education program may require a participant to achieve a passing score on an
examination to successfully complete the course.
(4) Internet programs. A program accredited
under this section may be delivered through the Internet.
(d) Food handler certificate.
(1) Certificate period. A food handler
certificate issued by an accredited food handler program shall be valid for two
years.
(2) Certificate reciprocity.
Department accredited food handler program issued certificates shall be
recognized statewide by regulatory authorities as the valid proof of successful
completion of a department accredited food handler program.
(e) Licensing of an accredited
food handler program licensee. The department shall issue a license of
accreditation to each certified food handler program licensee who has
demonstrated compliance with this section. A license issued under these rules
will expire two years from the date of issuance. This license is not
transferable on change of ownership, or site location.
(f) Responsibilities of a licensee.
(1) Compliance with certified food handler
program law and rules. The licensee is responsible for compliance with
applicable certified food handler program law and rules.
(2) Payment of fees. All fees shall be
non-refundable and paid as specified in subsection (g) of this
section.
(g) Required
fees. All fees are payable to the department and are non-refundable. Fees must
be submitted with the appropriate completed application 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.
(1) Accredited food handler program license
fee for initial, renewal, or change of ownership. A program fee shall be $600
for a two-year license for each food handler program.
(2) Accredited food handler program amended
license fee. Program amendment fees shall be $300.
(3) Late fee. Accredited food handler program
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.
(h) Certified
food handler program registry. The department shall maintain a program registry
of all accredited food handler programs. The registry shall be made available
on the department website.
(i)
Department audits. Classroom audits may be conducted to assess program
compliance. Licensee shall allow personnel authorized by the department access
for the purposes of an audit. Audits may be based on analysis of data compiled
by the department.
(j) Denial,
suspension and revocation of program accreditation. An accredited food handler
program license may be denied, suspended or revoked for the following reasons:
(1) a licensee is delinquent in payment of
fees as described in this section; or
(2) violation of the provisions of this
section.
(k) 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.
(l) 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 subsection (g) of this section
is met.
