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Home My WebLink About1993-2011 - Ordinance - 06/10/1993ORDINANCE NO. 2011 AN ORDINANCE AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING SECTIONS 5-F AND 5-G(1), REGULATING FOOD MANAGER CERTIFICATION IN THE CITY; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, food service establishments should have an on-site supervisory employee who is certified in food service management; and WHEREAS, such food se~ice management certification shall be attained by com- pletion of a food manager certification course, which curriculum shall include sani- tary food handling, food temperature requirements, prevention of food-borne illnesses, vermin control, and personal hygiene of food handlers; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: That Chapter 7, Section 5-F of the Code of Ordinances of the City of College Station, Texas, is hereby amended by adding a new subparagraph numbered (3) to read as follows: "(3) Food Manager Certification (a) Within one hundred twenty (120) days of the effective date of this Ordi- nance, a food service establishment shall employ at least one person who is a full-time, on-site supervisory employee who is responsible for food preparation and service and who has a valid and current food manager certificate of registration issued by the regulatory authority. (,) A food service establishment is in compliance with this section if there is one full-time registered food manager employed in a supervisory capacity. (ii) Food service establishments that serve, sell, or distribute only prepackaged foods, non-potentially hazardous foods or beverages, and temporary food service estab- lishments are exempt from the provisions of this section. (b) If a food service establishment cannot meat the requirements of para- ogfraph (3) (a) (i) above because of the termination or permanent transfer a registered food service manager, the food service establishment shall: (i) Notify the regulatory authority in writing within ten (10) days of the effective date of termination or permanent transfer of the registered food manager; and Ordinance No. 2011 Page 2 (c) Employ another registered food manager or employ a manager currently attending the manager certification course within twenty (20) days of the effective date of termination or permanent transfer of the previous regis- tered food manager. The regulatory authority shall issue a food manager certificate of regis- tration to any person who submits the required application, pays the required fee, and provides evidence of completion of the food manager certification course. The food manager certification course shall meet the following minimum criteria: (i) The course shall be taught by a person adequately trained in sanitary food handling who (1) is a registered professional sanitarian in the State of Texas or is regis- tered by the National Environmental Health Association; or (2) possesses an earned four-year (or greater) college degree in the life sciences, food science or nutrition; or {3) has a combination of formal education and experi- ence which meets the approval of the regulatory author- (si) The course shall be taught in a formal classroom setting for a minimum of fifteen (15) instructional hours. (iii) The course shall require completion of a thorough examination with a score of seventy percent (70%) or greater accepted as passing. The examination may be taken no more than two (2) times unsuccessfully before the applicant is required to repeat the course. The course curriculum shall include the following topics: Food temperature requirements, types of food-borne illnesses,, prevention of food-borne illnesses, food micro- biology, infectious diseases transmittable through food, disease reporting, prevention of contamination, vermin control, approved food sources, and personal hygiene of food handlers. Persons successfully completing the course shall be given a written document of certification by the course provider for registration by the regulatory authority. (d) Term, evidence of, and transfer of registration. (0 A food manager certificate of regtstration expires three (3) years from the date of issuance unless revoked sooner by the regulatory authority. Ordinance No. 2011 Page 3 (e) (g) (ii) The food manager certificate of registration issued by the regulatory authoribj shall be posted in clear view of cus- tomers while the registered food manager is on duty at a food service establishment. (iii) A food manager certificate of registration may b.e renewed for a subsequent three-year period if the appll- cent (1) submits an application for renewal within thirty (30) days before expiration of the current registration, .(2) pays to regulatory authority the required fee, (3) provioas evidenc.e, that within the six (6) months prior to submitting the application for renewal he has attended a food man- ager certification course approved by the regulatory author~y or received a passing score on a national examination for certification of food managers that meets requirements of the United States Food and Drug Administration and the Texas Department of Health. (iv) A food manager certificate of registration is not transfer- able. Registration or renewal denial; Registration revocation. The regulatory authority may refuse to issue or renew a food manager certificate of registration or may revoke a food manager certificate of registration if the applicant or holder (1) has been convicted of inter- fenng with the lawful inspection of a food service establishment, (2) makes a false statement of material fact in the application for registra- tion or renewal of registration, or (3) was employed as a food manager of an food service establishment where the establishment's food service permit was suspended two (2) or more times within a two (2) year period or where the establishment's food service permit was revoked. Appeal of denial or revocation. The decision of the regulatory authority to deny issuance or renewal or to revoke a food manager certificate of registration may be appealed w~hin ten (10) days of the denial or revocation. A hearing before the Zoning Board of Adjustment will be provided at the earliest available time. The fees for obtaining or renewing a food manager certificate of regis- tration and for replacing a lost, stolen, or damage.d, certificate of regis- tration shall be set from time to time by City Counc,I Resolution." Ordinance No. 2011 Page 4 II. That Chapter 7, Section 5-G(1) of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: "(1) Penalties Any perso.n who shall violate any of the provisions of this section shall be guilty of misdemeanor, and upon conviction .thereof, shall be punished by a fine pursuant to the General Penalty provision of this Code. In addition thereto, such persons ma.y be enjoined from continuing such violations. Each day upon which such a wolation occurs shall constitute a separate violation." IlL This ordinance shall become effective and be in full force and effect from and after its passage and approval by the City Council and duly attested by the Mayor and City Secretary. PASSED, ADOPTED and APPROVED this 10th day of June, 1993. A'CrEST: APPROVED: