Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter K - TEXAS FOOD ESTABLISHMENTS › Section 229.172 - Accreditation of Certified Food Management Programs

Current through Reg. 49, No. 28; July 12, 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.