§ 93.74  FOOD HANDLER REGISTRATION REQUIRED.
   (A)   Except as provided in division (B) below, a person employed or volunteering as a food handler shall register as a food handler not later than the thirtieth day after employment or volunteering with a food service enterprise. After a person's thirtieth day of employment or volunteering, it is unlawful for the person to be employed as a food handler at the food service enterprise without a valid food handler registration.
   (B)   The requirements of this section do not apply to:
      (1)   A food enterprise that provides only beverages or prepackaged food that is not potentially hazardous food;
      (2)   A non-profit organization that serves food only to members of the organization;
      (3)   A food processing plant that is inspected at least once each week by a state or federal food sanitation inspector or that only stores prepackaged food;
      (4)   A vending machine or mobile food establishment that offers only prepackaged food, if a certified food manager is in charge at a central preparation facility that supplies the products for the vending machine or mobile food establishment;
      (5)   A retail food establishment that sells or offers only prepackaged foods;
      (6)   A person who verifies by affidavit that he or she does not ever work with unpackaged food, food equipment or utensils, or food contact surfaces; or
      (7)   A concession stand that offers only limited foods and maintains a certified food manager, registered with the City of Austin, on duty during all hours of operation. The valid, registered food manager certificate issued to the food manager on duty must be posted in compliance with § 93.73(A)(3).
   (C)   A person required by this section to have a food handler registration shall first successfully complete a food handler training class approved by the State of Texas. The person shall pay the food handler training course fee as required by the training course provider.
   (D)   A person may submit an application to the Health Authority for food handler registration after the person successfully completes a food handler training course. The application must include:
      (1)   The applicant's full name;
      (2)   The applicant's mailing address;
      (3)   The applicant's date of birth;
      (4)   A copy of a governmental issued identification document that includes a photograph of the applicant; and
      (5)   The applicant's signature.
   (E)   An applicant shall pay a non-refundable registration fee established by a separate ordinance except that an employee of a public school is not required to pay the registration fee.
   (F)   The Health Authority may issue a food handler registration on receipt of proper application and the required registration fee.
   (G)   A person must successfully complete a food handler training course every two years and maintain a current food handler registration with the Health Authority.
   (H)   A food handler registration is not transferable from one person to another. The food handler registration remains in effect if a person changes employment during the food handler registration's effective period.
   (I)   A person operating a food enterprise shall ensure every food handler has a current food handler registration. Upon request by the Health Authority, a person operating a food enterprise shall provide a list of all food handlers at the establishment that have been employed for more than 30 days along with a signed statement verifying the listed employees possess current food handlers registration.
   (J)   The Health Authority may suspend or revoke a food handler registration  if the Health Authority determines that:
      (1)   An applicant obtained the food handler registration by knowingly providing false information on the application;
      (2)   A person is infected with or is a carrier of any food-borne communicable disease; or
      (3)   The continuation of the person's food handler registration presents a significant public health threat.
   (K)   A person whose food handler registration has been suspended or revoked may reapply for a new food handler registration after successfully completing a food handling training course, paying both the food handler training course fee and registration fee established by separate ordinance or by approval of the Health Authority.
(Ord. 120918-D, passed 9-18-2012; Ord. 131203-C, passed 12-3-2013)