§ 20-53. Food service manager and food handler requirements.  


Latest version.
  • (a)

    It shall be unlawful for any person to own, operate or cause to be operated any food establishment unless the person in charge thereof has in his possession a valid and current food service manager's certification issued to him by the department pursuant to this division. It is a defense to prosecution under this subsection:

    (1)

    That the food establishment was not engaged at the time of the alleged offense in the manufacturing, production, preparation, processing, packaging, or service of food or in the conduct of any make-ready activities commenced prior thereto or cleanup activities performed afterwards; or

    (2)

    That the food establishment is a retail food store in which all food sold or offered for sale is received, kept and sold in the manufacturer's unbroken sealed packages or a packaged-food-only food establishment; or

    (3)

    That the food establishment is a restricted bar or a restricted warehouse; or

    (4)

    That the food establishment is a temporary food establishment that has been exempted under subsection (c) below.

    (b)

    It shall be unlawful for any person to own, operate, or cause to be operated any food preparation area unless the food service manager has in his possession a valid and current food service manager's certification issued to him by the department pursuant to this division. It is a defense to prosecution under this section:

    (1)

    That the kitchen was not, at the time of the alleged offense, in use for the manufacturing, production, preparation, processing or packaging of food or the conduct of make-ready activities commenced prior thereto or cleanup activities performed afterward; or

    (2)

    That the kitchen is a part of a temporary food establishment that has been exempted pursuant to subsection (c) below.

    (c)

    A person applying for a permit to operate a temporary food service establishment shall be exempted by the health officer from the food service manager's certification requirements if the applicant demonstrates to the health officer evidence of an adequate understanding of this article and an adequate understanding of safe and sanitary operating and food handling practices and is not simultaneously associated with another food service operation in the city.

    (d)

    A food service manager's certification or a food handler's certificate is not transferable from one person to another.

    (e)

    When the person in charge is not required to have in his possession a valid and current food service manager's certification as specified in subsection (a) (1), (2), (3) or (b)(1) above, the person in charge shall demonstrate knowledge.

    (f)

    Except for the certified food service managers, all food employees, shall successfully complete a food handler training course, within 60 days of employment as specified by TFER 228.33 (c).

    (g)

    The food establishment shall maintain on premises a certificate of completion of the food handler course for each food employee. The requirement to complete a food handler training course shall be effective September 1, 2016.

    (h)

    Subsections (f) and (g) of this section pertaining to trained food handlers do not apply to certain types of food establishments deemed by the regulatory authority to pose minimal risk of causing, or contributing to, foodborne illnesses based on the nature of the operation and extent of food preparation.

(Ord. No. 99-1346, § 1, 12-15-99; Ord. No. 07-1051, § 2(Exh. A), 9-12-07; Ord. No. 2015-1202, §§ 72—74, 12-2-2015)