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 229.176 - Certification of Food Managers

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				  section is intended to provide the framework of certification requirements for
				  food managers in accordance with Texas Health and Safety Code, Chapter 438,
				  Subchapter G, Certification of Food Managers, supports demonstration of food
				  safety knowledge, 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)
				  ANSI-CFP Program Accreditation--Accreditation by the American National
				  Standards 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.
(2) Certificate--The documentation issued by
				  a department-approved Internet examination provider licensee or an ANSI-CFP
				  Program examination licensee verifying that an individual has complied with the
				  requirements of this section.
(3)
				  Certification--The process whereby a certified food manager certificate is
				  issued.
(4) 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.
(5) Certified food manager examination--A
				  department-approved Internet examination or an ANSI-CFP Program accredited
				  on-site examination for food manager certification.
(6) Department--The Texas Department of State
				  Health Services.
(7) Examination
				  site--The physical location at which the department-approved examination is
				  administered.
(8) 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.
(9) 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.
(10) Internet examination--A
				  department-approved examination delivery system utilizing the Internet for food
				  manager certification.
(11)
				  Law--Applicable local, state and federal statutes, regulations and
				  ordinances.
(12) Licensee--The
				  individual, corporation, or company that is licensed by the department to
				  administer a department-approved examination for food manager
				  certification.
(13) On-site
				  examination--An ANSI-CFP Program accredited paper and computer-based
				  examination for food manager certification administered by a certified food
				  manager program.
(14) Person--An
				  association, corporation, partnership, individual or other legal entity,
				  government or governmental subdivision or agency.
(15) Personal validation question--A question
				  designed to establish the identity of the candidate taking a certified food
				  manager examination by requiring an answer related to the candidate's personal
				  information such as a driver's license number, address, date of birth, or other
				  similar information that is unique to the candidate.
(16) Reciprocity--Acceptance by state and
				  local regulatory authorities of a department-approved certified food manager
				  certificate.
(17) Regulatory
				  authority--The local, state, or federal enforcement body or authorized
				  representative having jurisdiction over the food establishment.
(18) 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.