(a) The owner or operator of an establishment which handles open food and which has seven or more food handlers on duty at any time shall make certain that at least one certified food manager is on duty during all hours of operation.
(b) Establishments which have fewer than seven food handlers shall not be required to have a certified food manager.
(c) A certified food manager shall apply to the City of Fort Worth health department for a City of Fort Worth food manager’s certificate. A City of Fort Worth’s food manager’s certificate is valid for the same time period as the certified food manager certificate issued by the Texas department of health.
(d) The owner or operator of a new food establishment shall provide proof to the health department, prior to opening the establishment, that the establishment meets the certified food manager requirements of this article.
(e) When a replacement certified food manager is not available, the owner or manager of an existing food establishment shall notify the health department within 48 hours of the termination or transfer of a certified food manager. The food establishment shall have 30 days from the effective date of the termination or transfer to come back into compliance with the certified food manager requirements of this article.
(f) When an existing food establishment has a change of ownership, the new owner or operator of the establishment shall provide proof to the health department within 30 days of the effective date of the change of ownership that it is in compliance with the certified food manager requirements of this article.
(g) A certified food manager shall present his or her certificate to the director for inspection immediately upon request. The owner or operator of a food establishment shall make food manager certificates available for immediate inspection upon request by the director.
(h) The following food establishments are exempt from the requirements of this section:
(1) Temporary food establishments;
(2) Establishments selling only uncut produce or prepackaged food (farmer’s markets and produce stands for example);
(3) Establishments serving only fountain drinks, coffee, popcorn and/or snow cones;
(4) Bars and lounges; and
(5) Food warehouses/wholesalers.
(i) Criminal offenses.
(1) A person commits an offense if the person is the owner or operator of a food establishment and violates a provision of this section.
(2) A person commits an offense if the person is the food manager of a food establishment and fails to obtain a food manager certificate from the Texas department of health department.
(3) A person commits an offense if the person is the food manager of a food establishment and fails or refused to present his or her food manager’s certificate issued by the Texas department of health and the City of Fort Worth public health department to the director for inspection immediately upon the director’s request.
(Ord. 12553, § 1, passed 6-18-1996; Ord. 13749, § 1, passed 3-23-1999)