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 229.178 - Accreditation of Food Handler Education or Training Programs

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