Sec. 13-118. - Food handler certification program.

There shall be a program of food handler certification conducted under the direction of the director. Such program shall have as its primary goal the training of persons who are involved with the handling and/or preparation of food within a food establishment, mobile food establishment, or temporary food establishment in safe food handling practices including instruction on this chapter. Training shall be accomplished by means of a training program consisting of two (2) or less classroom hours and said program shall be accredited by the state department of state health services under provisions of state law. Persons seeking certification may obtain said training from the department or commercial or educational programs accredited by the state department of state health services

(Ord. No. 2008-05-15-0402, § 1(Att. I), 5-15-08)

Sec. 13-119. - Food handler certification required.

(a)

Effective January 1, 2010, food handler certification will be required as follows:

(1)

For all personnel performing open food handling in a food establishment that receives thirty (30) or more demerits related to food handling on an inspection conducted under this chapter.

a.

All five- and four-point demerit items and three-point demerit item numbers: 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25 will be considered food handler related. All other three-point demerit items will not count towards the thirty (30) or more food handler related demerits.

b.

Employees at the food establishment who have a current food handler certification will not be required to repeat the education process.

(2)

For all personnel performing open food handling in a food establishment receiving twenty-one (21) or more demerits on a reinspection conducted under this Chapter during which a critical violation is found.

a.

The intent of this re-inspection is to verify corrective action of the original inspection.

b.

Employees at the food establishment who have a current food handler certification will not be required to repeat the education process.

(3)

For all personnel performing open food handling in a food establishment that has had its permit temporarily suspended for one or more health violations.

a.

This requirement does not include temporary suspensions due to the occurrence of imminent health hazards as defined in TAC § 229.171(k) of the Texas Food Establishment Rules, limited to fire, flood, or extended interruption of electrical or water service.

b.

This requirement does include temporary suspension due to the occurrence of imminent health hazards as defined in TAC § 229.171(k) of the Texas Food Establishment Rules, limited to sewage backup, misuse of poisonous or toxic materials, onset of an apparent food borne illness outbreak, gross unsanitary occurrences or conditions, such as rodent and insect infestation, or other circumstances that may endanger public health.

(4)

For all personnel performing open food handling in a food establishment in which the same critical violation for a food handling related item is found on two (2) consecutive inspections within the same 12-month period.

(5)

For at least one person performing open food handling in a mobile food establishment.

(6)

For at least one person performing open food handling in a temporary food establishment as required by section 13-120

(b)

Food establishments that are required to have certified food handlers due to meeting the criteria provided in this section must meet this requirement within sixty (60) days from the date the establishment is notified by the director and maintain said certifications for all personnel performing open food handling for a period of six (6) months from the date of notification.

(c)

If a food establishment cannot meet the requirements of this section because of the termination or permanent transfer of a certified food handler, the food establishment shall:

(1)

Notify the director, in writing, within twenty (20) days of the effective date of termination or permanent transfer of the certified food handler; and

(2)

Employ another certified food handler within sixty (60) days of the effective date of termination or permanent transfer of the certified food handler.

(Ord. No. 2008-05-15-0402, § 1(Att. I), 5-15-08)

Sec. 13-120. - Food handler certification required for temporary food establishments.

Effective January 1, 2010, a temporary food establishment with open food handling and operating four (4) or more days must have:

(1)

At least one person in the establishment with food manager's certification or food handler's certification; or

(2)

A certified food manager on site to oversee the event; and

a.

All booths must conspicuously post written guidelines on food handling and food safety that are approved by the department; and

b.

all booth workers must also sign a statement that they have read and understand the posted food safety and handling guidelines.

(3)

Booth workers currently certified as food managers or food handlers are exempt from the requirement in subsection (2)b.

(Ord. No. 2008-05-15-0402, § 1(Att. I), 5-15-08)

Sec. 13-121. - Exemption from requirements.

(a)

Certification of food handlers will not be required for:

(1)

A food establishment or temporary food establishment that serves, sells or distributes only prepackaged foods and/or non-potentially hazardous beverages;

(2)

Persons operating mobile food establishments vending only non-potentially hazardous food, or supplying only whole, uncut produce, simple snow-cones, fresh fish and fresh shrimp or prepackaged novelty ice cream;

(3)

A food establishment that serves, sells or distributes prepackaged or unpackaged non-potentially hazardous food products such as pickles, commercially baked products, and Chinese candy, and/or hot dogs and associated non-potentially hazardous condiments, and/or prepackaged dairy and dairy-like products; or

(4)

Food establishment employees who only handle kitchenware, tableware and utensils.

(b)

The director may waive or modify the requirements for food handler certification if special or extenuating circumstances exist, and public health protection is not compromised.

(Ord. No. 2008-05-15-0402, § 1(Att. I), 5-15-08)

Sec. 13-122. - Terms of certification.

(a)

The director shall issue a food handler's certificate to any person who submits the required application, pays the required fee; and

(1)

Completes a course of study in person or by internet and receives a certificate of completion; or

(2)

Completes a home study course and passes an exam with a minimum score of seventy-five (75) percent; or

(3)

Challenges the course through examination with a minimum score of seventy-five (75) percent.

(b)

A food handler's certificate shall be in the form of an identification card and shall include:

(1)

The applicant's full name and address;

(2)

Height, gender, and date of birth;

(3)

The signature of the person certified;

(4)

The signature of the director; and

(5)

The date issued and the expiration date.

(c)

Each valid food handlers identification card issued by the director shall remain the property of the department and may be required to be surrendered to the director to be voided when such has been revoked.

(d)

During those times that a certified food handler is on duty at a food establishment, the certified food handler shall present their department issued identification card for examination when requested to do so by the director or designee.

(e)

The director may deny an application for a food handler's certificate if the applicant knowingly makes any false, fraudulent, or unlawful statement on the application. Any certificate obtained by a falsification of information shall be void.

(f)

The department shall recognize a food handlers training certificate from the state department of state health services or other accredited courses until such time as the food service training certificate expires. Renewals shall be made in accordance with section 13-123. An identification card as required by this section shall be issued to a person holding a bona fide food handler certificate not issued by the department for the same fee as a replacement card as stipulated in subsection 13-125(c).

(Ord. No. 2008-05-15-0402, § 1(Att. I), 5-15-08)

Sec. 13-123. - Renewal of certification.

(a)

A food handler's certificate may be renewed if the holder:

(1)

Attends a refresher course on food protection approved by the director; and

(2)

Passes the required tests at the conclusion of the course; or

(3)

Is issued a certificate of completion from a state department of state health services certified food handler program; and

(3)

Makes application on a form provided by the director prior to the expiration date of the state department of state health services or other accredited course certificate.

(b)

The application shall include all information required under section 13-122. Such application must be accompanied by payment of the fee set out in section 13-125

(Ord. No. 2008-05-15-0402, § 1(Att. I), 5-15-08)

Sec. 13-124. - Denial, suspension or revocation of certification or renewal.

(a)

The director may refuse to issue or renew a food handler's certificate or may suspend or revoke a food handler's certification if the applicant or holder obtains a certified food handlers certification under false or deceptive circumstances.

(b)

Prior to suspension or revocation of a food handler's certificate the director shall notify the certified food handler, in writing, of the reasons for which the certification is subject to suspension or revocation and that the certification shall be suspended or revoked at the end of a specified time period following service of such notice unless a written request for hearing is filed with the director within ten (10) days of delivery of the notice. If no request for hearing is filed within the ten-day period, the suspension or revocation of certification shall become final.

(c)

An individual whose food handlers certificate has been suspended or revoked shall not be reinstated or granted a new certificate until he or she has fulfilled all the conditions of said suspension or revocation, which conditions may include, but are not limited to, taking a food handlers certification course acceptable to the director.

(Ord. No. 2008-05-15-0402, § 1(Att. I), 5-15-08)

Sec. 13-125. - Fees.

(a)

An application fee of fifteen dollars ($15.00) shall be required to be paid to the director for a food handler's certificate at the time of application or renewal. This fee is required regardless of whether or not the course requirement is waived.

(b)

Fees are refundable only if the food handler's certificate is denied by the director. In no other instance shall fees be refundable.

(c)

An individual who requires the replacement of a valid current food handler's certification card may obtain a replacement from the director for a fee of ten dollars ($10.00).

(Ord. No. 2008-05-15-0402, § 1(Att. I), 5-15-08)