1. (a) Intent and scope. This section is intended to provide a framework for accrediting manager-level training programs in food service sanitation, in compliance with the Texas Health and Safety Code, Chapter 438, Subchapter D. A uniform standard governing the accreditation of sanitation training programs enhances the recognition of reciprocity among regulatory agencies and reduces the duplication and expense of retraining incurred when food service managers cross regulatory jurisdictions. Education of the food service manager provides better qualified personnel, thereby reducing the risk of food-borne illness outbreaks caused by improper food handling and preparation techniques.

2. (b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

   1. (1) Authorized agent--An employee of the department who is designated by the commissioner to enforce state statutes and related sections.
   2. (2) Board--The Texas Board of Health.
   3. (3) Commissioner--The commissioner of health of the State of Texas.
   4. (4) Department--The Texas Department of Health.
   5. (5) Food--Any 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.

   6. (6) Food protection management program--A program accredited by the Texas Department of Health (department) which trains and certifies food service managers.

      1. (A) Certification program--A program whose coursework consists of a minimum of 14 hours of classroom instruction and at least a one hour examination meeting the requirements of the Health and Safety Code, Chapter 438, Subchapter D.
      2. (B) Recertification program--A program whose coursework consists of a minimum of six hours of classroom instruction on food safety and sanitation and a final examination as defined by the department.
   7. (7) Food service establishment--Any place where food is prepared and intended for individual portion service, and includes the site at which individual portions are provided. The term includes any such place regardless of whether consumption is on or off premises and regardless of whether there is a charge for the food. The term also includes delicatessen-type operations that prepare sandwiches intended for individual portion service. The term does not include private homes where food is prepared or served for individual family consumption, retail food stores, the location of food vending machines, and supply vehicles.

   8. (8) Food service manager--An individual who:

      1. (A) is responsible for identifying hazards in the day-to-day operation of a food preparation, service, or dispensing facility;
      2. (B) develops or implements specific policies, procedures, or standards aimed at preventing food-borne illness;
      3. (C) coordinates training, supervises, or directs food preparation activities and takes corrective action as needed to protect the health of the consumer; and
      4. (D) conducts in-house self-inspection of daily operations on a periodic basis to see that policies and procedures concerning food safety are being followed.
   9. (9) Instructor--An individual whose educational background and work experience meet the requirements for instructor as outlined in this section.
   10. (10) Law--Any federal, state, and local statutes, ordinances, and regulations.
   11. (11) Person--An individual, partnership, corporation, association, or other legal entity.
   12. (12) Proctor--An authorized agent of the Texas Department of Health; a course sponsor, instructor or designated representative; local health department personnel; or authorized community college or university personnel.
   13. (13) Regulatory authority--The state and/or local enforcement authority, or authorities, having jurisdiction over the food service establishment, or those determined by the commissioner of health as having jurisdiction.
   14. (14) Retail food store--Any establishment or section of an establishment where food and food products are offered to the consumer and intended for off-premise consumption. The term includes delicatessens that offer prepared food in bulk quantities only. The term does not include establishments which handle only prepackaged, nonpotentially hazardous foods; roadside markets that offer only fresh fruits and fresh vegetables for sale; food service establishments; farmers markets; or food and beverage vending machines as defined in the Vending of Food and Beverages, 1978, Department of Health, Education and Welfare Publication Number (FDA) 78-2091.
   15. (15) Secure--Access limited to a proctor.

3. (c) Requirements for accreditation of food protection management programs. All programs must meet the program requirements of the Texas Health and Safety Code, Chapter 438, Subchapter D. Persons sponsoring programs utilizing the state instructor's guide and final examinations shall file an application with the department. Persons wishing to develop their own course guides shall submit:

   1. (1) an application;

   2. (2) an independently developed course guide including:

      1. (A) a detailed summary of each topic and subtopic area;

      2. (B) a time allotment for each topic and subtopic totaling:

         1. (i) 14 hours for certification; and
         2. (ii) six hours for recertification;
      3. (C) a copy of all written teaching materials, pamphlets, and handouts;
      4. (D) a list of all texts used; and
      5. (E) a list of all audiovisual aids used, describing their content, duration, and location in the program; and
   3. (3) documentation of the use of a national examination or special foreign language examination meeting Food Protection Management Program examination criteria.

4. (d) Course examinations. The department shall supply an English language final examination on a biannual basis to course sponsors utilizing the state examination. Course sponsors shall be responsible for the security of the state examinations.

   1. (1) The course examination shall be multiple-choice (A, B, C, D) and shall:

      1. (A) contain 75 questions for certification; or
      2. (B) contain 50 questions for recertification.
   2. (2) A candidate passing score shall be 75% or above.
   3. (3) The final examination score or status (incomplete, withdrawal, or retake) of each candidate enrolled in a class shall be submitted to the department on a class roster.
   4. (4) The examination shall be maintained under secure conditions and administered by an approved proctor.
   5. (5) There shall be one proctor for every 50 students taking the examination.
   6. (6) An individual who speaks English as a secondary language may use a dictionary during examinations to translate English into the native language.
   7. (7) Individuals who require special examination arrangements as determined by course sponsors or as required by the Americans with Disabilities Act shall be accommodated by course sponsors.
5. (e) Retake examinations. Course sponsors may set their retake policy in the event a candidate fails the final examination.
6. (f) Student identification. The sponsor shall confirm by photo ID the identity of a candidate at the time of the final examination. A candidate's food protection management certificate shall not be issued until such time as a valid photo ID has been presented to a proctor.

7. (g) Instructor qualifications. The food protection management program course shall be taught by a department-approved instructor. As a minimum all instructors shall:

   1. (1) have successfully completed a food protection management certification program as evidenced by a valid certificate;

   2. (2) possess a high school diploma or its equivalent; and

      1. (A) have worked a minimum of one year inspecting food service establishments; or
      2. (B) have worked a minimum of five years in the food service industry; or
   3. (3) possess an associate's degree or bachelor's degree from an accredited institution; and
   4. (4) provide evidence of attendance of at least one seven-hour training seminar on food safety and sanitation topics every three years following employment as an instructor.
8. (h) Course scheduling. The course sponsor shall submit in writing to the department, a biannual course schedule. The schedule shall include class times, dates, locations, size, and instructor name. The department shall be notified by telephone or FAX of any changes in previously submitted course schedules at least 24 hours before the initiation of any class.
9. (i) Food protection management program accreditation certificate. The department shall issue a certificate of accreditation to each course sponsor who has demonstrated compliance with this section. A certificate issued under this rule expires one year from the date of issuance.
10. (j) Food protection management program candidate certificates. Food protection management program candidate certificates issued by the department and accredited course sponsors shall be valid for a period of three years from date of issuance. State-issued food protection management training certificates shall be recognized as the only valid proof of successful completion of a state-accredited food protection management training program.

11. (k) Program and candidate fees. All fees are nonrefundable and payable to the Texas Department of Health. Fees shall be:

    1. (1) $150 for an initial application for a food protection management certification or recertification program;
    2. (2) $100 for an annual renewal fee for a food protection management certification or recertification program; and

    3. (3) $7.00 per candidate enrolled in a food protection management certification or recertification program for the preceding three months:

       1. (A) the candidate fees are due on the first day of January, April, July, and October of each calendar year; and
       2. (B) considered delinquent if not received within 45 days after the due date.
12. (l) Publication of a program registry. The department shall maintain and publish a current program registry. The registry shall be circulated statewide on a quarterly basis to community colleges, local health departments, public health regions, and industry training groups.
13. (m) Department audits. Examination and classroom audits shall be conducted on an announced and unannounced basis to assess program compliance. Audits will be determined from, but not limited to, course schedules and quarterly examination results submitted by course sponsors.

14. (n) Revocation of accreditation. The following items are just cause for program review and/or revocation of a certificate of accreditation:

    1. (1) a quarterly candidate failure rate of 26% or higher on course sponsor examinations;
    2. (2) a mean class score of less than 75% on a state audit examination;
    3. (3) failure to notify the department of course schedules and/or scheduling changes;
    4. (4) a sponsor that is delinquent in payment by more than 45 days;
    5. (5) a sponsor that knowingly files a false accounting report, or fails to pay the appropriate fee, as determined through an audit by an agent of the department; and
    6. (6) a sponsor that compromises a secure examination, or fails to comply with or adhere to the rules regulating the food protection management program.
15. (o) Revocation procedures. Revocation procedures under this section shall be conducted in accordance with the Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a, and the department's formal hearing procedures in Chapter 1 of this title (relating to Texas Board of Health).

Source Note:The provisions of this §229.172 adopted to be effective December 31, 1987, 12 TexReg 4842; amended to be effective January 1, 1993, 17 TexReg 6897.