§ 93.73  FOOD MANAGER CERTIFICATION.
   (A)   Requirements for food manager certificate.
      (1)   Except as provided in division (2) below, a person may not operate a food enterprise unless at least one employee has a current, valid food manager certificate issued by the Health Authority.
      (2)   A food manager certificate is not required for a person who operates:
         (a)   A food establishment providing only beverages or prepackaged food that are not potentially hazardous.
         (b)   A nonprofit organization which only serves food to its own members;
         (c)   A food products establishment inspected at least once each week by state or federal food sanitation inspectors, or that only stores prepackaged food that is not potentially hazardous.
         (d)   Retail food stores under single ownership which do not engage in preparation of food may assign one certified food manager to supervise up to four stores.
         (e)   A vending or mobile food unit establishment that offers only beverages, prepackaged food, or non-potentially hazardous snack foods, if a certified food manager is in charge at the central preparation facility that supplies the products for the vending machine or mobile food unit.
      (3)   The person in charge shall post the food manager certificate in a prominent public location in the food enterprise.
   (B)   Application for food manager certificate.
      (1)   A person who seeks a food manager certificate must submit an application to the Health Authority. The application must include:
         (a)   The applicant's full name;
         (b)   The applicant's mailing address;
         (c)   Applicant's date of birth;
         (d)   A copy of a governmental issued identification document that includes a photograph of the applicant;
         (e)   The name and address of the applicant's employer;
         (f)   The applicant's job title and a description of the applicant's duties; and
         (g)   The applicant's signature.
      (2)   An applicant shall pay the certificate issuance fee established by separate ordinance, except that an employee of a public school located in the city is not required to pay the fee.
      (3)   A food manager certificate is void if the applicant obtains the certificate by knowingly providing false information on the application.
   (C)   Issuance of food manager certificate. The Health Authority shall issue a food manager certificate to an applicant who pays the required fee and who:
      (1)   Provides evidence of current certification from a food management program accredited by the Department of State Health Services in accordance with Tex. Administrative Code Title 25, § 229.176 (Accreditation of Certified Food Management Programs); or
      (2)   Passes an examination and obtains certification as provided in Tex. Administrative Code Title 25, § 229.176 (Certification of Food Managers).
      (3)   A food manager certificate expires on the date indicated on the food manager certificate.
      (4)   A food manager certificate is not transferable.
(Ord. 120918-D, passed 9-18-2012; Ord. 131203-C, passed 12-3-2013)