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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 229FOOD AND DRUG
SUBCHAPTER KTEXAS FOOD ESTABLISHMENTS
RULE §229.176Certification of Food Managers

(a) Purpose. This section is intended to provide the framework of certification requirements for food managers in accordance with 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--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.

(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-inspection of daily operations on a periodic basis to ensure that policies and procedures concerning food safety are being followed.

  (2) Certification by a food safety examination. To be certified, a food manager shall pass a department-approved Internet examination or an accredited ANSI-CFP Program on-site examination.

  (3) Certificate reciprocity. A certificate issued to an individual who successfully completes a department-approved examination shall be accepted as meeting the training and examination requirements under Health and Safety Code, §438.046(b).

  (4) Certificate availability. The original food manager certificate shall be posted in a location in the food establishment that is conspicuous to consumers.

(d) On-site examination. ANSI-CFP Program accredited food safety certification examinations shall be the only department-approved paper and computer-based examinations.

(e) Internet examinations. A department-approved examination utilizing the Internet for delivery shall meet the examination criteria outlined in this section.

(f) Responsibilities for Internet examination providers.

  (1) Compliance with food manager laws and rules. Internet examination providers are responsible for compliance with food manager laws and rules applicable to Internet examinations in this section.

  (2) Examination Security Agreement. Internet examination providers shall submit the department security agreement signed by the certified food manager Internet examination provider licensee.

  (3) Examination security. Candidates taking Internet examinations shall be advised on the application that outside training materials or assistance shall not be used during administration of the examination and that appropriate measures shall be taken to assure that the examination is not compromised.

(g) Internet examination development. Internet examination development shall meet the criteria established by the CFP Standards for Accreditation of Food Manager Certification Programs, §4.0, Food Safety Certification Examination Development, as amended, 2008, at http://www.foodprotect.org/managers-certification/, with the exception of §4.14(a).

  (1) Examination questions. Internet examinations shall consist of a minimum of 75 statistically valid questions that are administered at one time following any voluntary training that may precede the examination.

  (2) Examination forms. Each candidate shall receive a unique form of the examination with regard to question sequence.

  (3) Time allotment for non-proctored Internet examination providers. Time allotted for administration of non-proctored examinations shall not exceed 90 minutes.

(h) Internet examination administration.

  (1) Registration requirements for Internet examinations. The licensee shall register the candidates and require the candidates to:

    (A) verify their identity;

    (B) provide responses to ten personal validation questions; and

    (C) maintain examination security.

  (2) Licensee examination disclosure information. The licensee shall inform the candidate that:

    (A) reference materials shall not be used during the examination;

    (B) the candidate shall not receive assistance from anyone during the examination; and

    (C) examination questions shall not be replicated in any fashion.

  (3) Personal validation questions. The licensee shall verify a candidate's identity throughout the examination. The personal validation process shall include the following elements:

    (A) a minimum of five personal validation questions selected from the ten questions provided during registration shall be incorporated at various times during the examination;

    (B) the personal validation questions shall be randomly generated with respect to time and order;

    (C) the same personal validation questions shall not be asked more than once during the same examination; and

    (D) the examination session shall cease and the candidate shall be automatically exited from the examination if a candidate answers a personal validation question incorrectly.

  (4) System support. The Internet examination provider licensee shall include the following Internet examination system capabilities and security measures:

    (A) capability to browse or review previously completed examination questions;

    (B) capability to navigate logically and systematically through the examination;

    (C) technical support personnel for Internet examination issues;

    (D) security of personal candidate information in transit and at rest;

    (E) a back-up and disaster recovery system capability; and

    (F) assurance that examination data is maintained in a secure and safe environment and readily available to the department.

  (5) Reporting requirements for non-proctored Internet examination administrators. Internet examination administrators who administer examinations in non-proctored locations shall submit a semi-annual report to enable the department to evaluate examination security and system performance for each language in which the examination is offered. The report shall include:

    (A) statistical data to enable measurement of central tendency, ranges of examination scores, standard deviation, standard error of measurement, and examination cut score;

    (B) number of examinations administered;

    (C) number and percentage of candidates passing the examination;

    (D) number of personal validation questions used;

    (E) number of examinations discontinued due to incorrect responses to personal validation questions; and

    (F) statistics describing the performance of each item used on the examinations administered during the six-month period.

(i) 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, 2008, at http://www.foodprotect.org/managers-certification/.

  (3) Recertification. Candidates may become recertified by passing a department-approved examination.

(j) Department certificates.

  (1) Two-year renewal certificate. 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.

Cont'd...

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