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(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)
(a) Within seven days of beginning work as a food handler (except for temporary event food handlers), an individual shall attend a food handler class approved by the director of public health and shall obtain a food handlers certificate issued by the health department. All temporary event food workers shall attend an approved food handler class and obtain a food handler’s certificate before working at the temporary event.
(b) The owner or operator of a food establishment shall ensure that all food handlers obtain the certificate within seven days of starting to work at the food establishment.
(c) A food handler shall present his or her certificate to the director for inspection immediately upon request.
(d) Food handler certificates are valid for two years from the date of food handler training. A food handler may renew his or her certificate prior to its expiration by attending a food handler class.
(e) A food handler certificate is subject to immediate revocation by the director if it is determined that the holder is infected with or is the carrier of any foodborne communicable disease, or if it is determined by the director that the continuation of any such food handler certificate presents a significant public health threat.
(f) The following persons are exempt from the requirements of this section:
(1) Certified food managers;
(2) Cashiers, hosts and hostesses, grocery sackers, delivery persons, food stockers who handle only prepackaged items, and bus help who handle only soiled cooking and serving utensils and dishware;
(3) Persons participating as volunteer food handlers performing charitable activities for periods of four days or less; and
(4) Public school food service workers who attend accredited training courses.
(g) Criminal offenses.
(1) A person working in a food establishment as a food handler commits an offense if the person does not have a food handler’s certificate as required by this section.
(2) A person working in a food establishment as a food handler commits an offense if the person fails or refuses to present his or her food handler’s certificate to the director for inspection upon the director’s request.
(3) The owner or operator of a food establishment commits an offense if a person works as a food handler in the establishment in violation of this section.
(Ord. 12553, § 1, passed 6-18-1996; Ord. 13749, § 1, passed 3-23-1999)
The city council shall adopt a schedule of fees for food manager’s certificates and food handler’s certificates. The health department may not issue a certificate until all requisite fees have been paid.
(Ord. 12553, § 1, passed 6-18-1996; Ord. 25772-09-2022, § 1, passed 9-27-2022, eff. 10-1-2022)
When the director determines that a violation of this article has occurred or is occurring, the following remedies are available to the director. The remedies provided for in this section or elsewhere in this article are not exclusive. The director may take any, all, or any combination of these actions against a violator, consecutively or concurrently:
(a) Issuance of a warning notice;
(b) Issuance of one or more citations;
(c) Emergency closure/suspension order;
(d) Nuisance abatement, if applicable;
(e) Permit suspension or revocation proceedings, if applicable;
(f) Request the city attorney to institute suit for civil remedies as provided by this article, or state law; or
(g) Any other remedy provided by law.
(Ord. 12553, § 1, passed 6-18-1996)
The director is authorized to issue citations for violations of this article and is also authorized to issue citations for violations of state health laws which are punishable only by a fine not to exceed the jurisdictional limits of the Fort Worth municipal court, unless such authority is denied under state law.
(Ord. 12553, § 1, passed 6-18-1996)
(a) When the director finds any food establishment in a condition which poses an imminent risk to the health or safety of the public or the employees of the establishment, the director shall be authorized:
(1) To post and maintain at the entrance of the food establishment, notice of the conditions therein, or to require the owner, operator or person in charge of the establishment to post and maintain at the entrance of the establishment notice that the establishment is closed;
(2) To close summarily such food establishment and prevent its use as a food establishment until such unsanitary conditions have been removed or abated, and until it no longer endangers public health; and
(3) To suspend summarily its food establishment permit.
(b) Conditions which warrant the actions authorized under subsection (a) above include but are not limited to loss of electrical power, interruption of water service, sewage backing up into the establishment, serious lack of sanitation or catastrophic occurrence.
(c) The owner, operator or other person in charge of the establishment will be given written notice of the reason for the closure and/or suspension.
(d) Upon receipt of the notice, the food establishment shall immediately cease food operations.
(e) A person commits an offense if the person engages in food operations in an establishment which has been closed or had its license suspended pursuant to this section.
(f) A person commits an offense if the person removes or tampers with any notice posted pursuant to subsection (a) above.
(Ord. 12553, § 1, passed 6-18-1996)
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