(a) In addition to the requirements adopted in Section 17-2.1 of this chapter, the requirements contained in this section govern the management and personnel of food establishments.
(b) Demonstration of knowledge by person in charge of a food establishment. Based on the risks of foodborne illness inherent to the food operation, the person in charge shall, during inspections and upon request, demonstrate to the director knowledge of foodborne disease prevention, application of the Hazard Analysis Critical Control Point principles, and the requirements of this chapter. The person in charge shall demonstrate this knowledge by compliance with this chapter, by being a registered food protection manager who has shown proficiency of required information through passing a test that is part of an accredited program and by responding correctly to the inspector's questions as they relate to the specific food operation. The person in charge may demonstrate such knowledge by:
(1) describing the relationship between the prevention of foodborne disease and the personal hygiene of a food employee;
(2) explaining the responsibility of the person in charge for preventing the transmission of foodborne disease by a food employee who has a disease or medical condition that may cause foodborne disease;
(3) describing the symptoms associated with the diseases that are transmissible through food;
(4) explaining the significance of the relationship between maintaining the time and temperature of time/temperature control for safety food and the prevention of foodborne illness;
(5) explaining the hazards involved in the consumption of raw or undercooked meat, poultry, eggs, and fish;
(6) stating the required food temperatures and times for safe cooking of time/temperature control for safety food including meat, poultry, eggs, and fish;
(7) stating the required temperatures and times for safe refrigerated storage, hot holding, cooling, and reheating of time/temperature control for safety food;
(8) describing the relationship between the prevention of foodborne illness and the management and control of the following:
(A) cross-contamination;
(B) hand contact with ready-to-eat foods;
(C) handwashing; and
(D) maintaining the food establishment in a clean condition and in good repair;
(9) explaining the relationship between food safety and providing equipment that is:
(A) sufficient in number and capacity; and
(B) properly designed, constructed, located, installed, operated, maintained, and cleaned;
(10) explaining correct procedures for cleaning and sanitizing utensils and food-contact surfaces of equipment;
(11) identifying the source of water used and measures taken to ensure that it remains protected from contamination such as providing protection from backflow and precluding the creation of cross connections;
(12) identifying poisonous and toxic material in the food establishment and the procedures necessary to ensure that they are safely stored, dispensed, used, and disposed of according to law;
(13) identifying critical control points in the operation from purchasing through sale or service that when not controlled may contribute to the transmission of foodborne illness and explaining steps taken to ensure that the points are controlled in accordance with the requirements of this chapter;
(14) explaining the details of how the person in charge and food employees comply with the Hazard Analysis Critical Point (HACCP) plan (if a plan is required by the law), the Texas Food Establishment Rules, and this chapter; and
(15) explaining the responsibilities, rights, and authorities assigned by this chapter to:
(A) the food employee;
(B) the person in charge; and
(C) the director.
(c) Registered food service managers.
(1) Registered food service manager required.
(A) A food establishment shall employ at least one person who:
(i) is a full-time, on-site supervisory employee of that food establishment responsible for food preparation and service; and
(ii) has a valid and current food manager certificate issued by the Texas Department of State Health Services.
(B) A food establishment must comply with the requirements of Section 17-2.2(c) before being issued an operating permit.
(C) One registered food service manager in a supervisory capacity may serve up to four food establishments contained within the same building and under the same ownership and same management.
(D) A food establishment shall have one registered food service manager employed and present in the establishment during all hours of operation, except that a registered food service manager serving multiple food establishments as authorized by Section 17-2.2(c)(1)(C) must only be present in the building in which the food establishment is located during all hours of operation.
(E) A food establishment that serves, sells, or distributes only prepackaged foods and non-time/temperature control for safety beverages, and a temporary food service establishment that is in operation fewer than four consecutive calendar days, are exempt from Section 17-2.2(c)(1).
(2) Registered food service manager replacement. If a food establishment cannot meet the requirements of Section 17-2.2(c)(1) because of the termination or permanent transfer of a registered food service manager, the food establishment shall:
(A) notify the director, in writing, within 10 days after the effective date of the termination or permanent transfer of the registered food service manager; and
(B) employ another registered food service manager within 45 days after the effective date of the termination or permanent transfer of the previous registered food service manager.
(3) Display of certificate of registered food service manager. A food service establishment shall display the original certificate of each primary registered food service manager employed by the establishment. Each certificate must be displayed in a glass-covered frame at a location where it is easily visible to the public.