From
Cindy Mendez, Environmental Quality Manager
Title
Ordinance amending the Code of Ordinances, Chapter 13, "Health and Sanitation," Article II, "Food and Food Establishments," Section 13-20 (l) to meet new state law regarding food handlers
Presenter
Jim Cummings, Environmental Services Director
Recommended Action
Approve
Analysis
On June 17, 2015, the state legislature passed Senate Bill 582 in regards to food handlers and local requirements. The law allows food service workers that have passed an accredited food handlers class to be considered in compliance with any local regulation. The current city ordinance requires food handlers, regardless of whether or not they attended a city food handler class, to obtain a food handlers card from Environmental Services Department for a fee of $15.00. The new bill exempts food handlers who have taken non-Grand Prairie classes from the city fee. In the future, the city fee will only apply to attendees to the city's food handling class.
Financial Consideration
Revenue loss expected to be about $22,500 per year as approximately 1,500 food handlers a year take classes elsewhere. Since they are no longer required to pay the City a fee of $15.00 for a health card, this revenue will longer be available. The estimated 1,600 students that do attend the city's Food Handlers Class will still pay the $15.00.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING THE "HEALTH AND SANITATION" CHAPTER OF THE CODE OF ORDINANCES OF THE CITY OF GRAND PRAIRIE, TEXAS BY AMENDING ARTICLE II, "FOOD AND FOOD ESTABLISHMENTS," SECTION 13-20 (l), MAKING THIS ORDINANCE CUMULATIVE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND TO BECOME EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION.
WHEREAS, the City of Grand Prairie adopts state health laws upon passage from the state legislature; and
WHEREAS, Senate Bill 582 does not allow the city to issue City health cards or charge for said permit if approved training is provided elsewhere; and
WHEREAS, the City offers a Food Handler's Training class:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1. That Chapter 13, Article II, Section 13-20 (l) is hereby amended to read as follows:
(l) Food handler's certificate and certified food protection manager required. Any person who does not possess a valid Grand Prairie food handler's certificate showing satisfactory completion of an approved course of study in sanitary food handling within forty-five (45) days after his or her employment in a food service, drinking or food manufacturing establishment shall not be allowed to continue his or her employment (exception: those individuals possessing a Grand Prairie Food Manager Certificate). Every food handler certificate issued hereunder shall remain effective for a period of two (2) years, and may be renewed upon successful completion of additional approved refresher courses. The regulatory authority shall be responsible for conducting or arranging for the conducting an approved food handler course of study in sanitary food handling, as often as may be necessary for carrying out the purposes of this section.
(1) The fee for obtaining a food handling certificate attending the food handlers class shall be fifteen dollars ($15.00). The fee for replacement of a lost certificate shall be five dollars ($5.00).
(2) Current City of Grand Prairie food handler's certificates for each employee shall be available at such food service, drinking, or food manufacturing establishment for review by the regulatory authority. Certificates are the property of the person named thereon and must be returned by employers to such person upon cessation of employment.
(3) Food service establishment owners, managers, and persons in charge of any food service establishment shall, upon request by the regulatory authority, provide documentation of the dates of employment of any employee of such establishment.
(4) No owner, manager or person in charge shall permit any person to be employed therein whose work brings him into contact with the handling of food, utensils or food service equipment unless a valid food handler's training certificate has been received by the management as required in this section.
(5) Attendance of a Grand Prairie food handler class may be exempt due to meeting the following criteria: A valid certificate issued by a municipality approved food handler course; a valid certificate issued by an approved on-site food handler training course or an on-line training course; a valid certificate issued by the department of state health services (DSHS) accredited training program and/or a licensed test site.
(6) Individuals meeting the criteria noted in section l3-20(l)(1)--(6) shall obtain a Grand Prairie food handler card expiring two (2) years from the initial attendance date on the off-site food handler card.
(5) After October 1, 2005, At least one person in charge of a food establishment shall demonstrate knowledge and training of the Texas Food Establishment Rules (TFER), by being a certified food protection manager (CFPM). The CFPM shall show proficiency of required information through passing a department of state health services (DSHS) approved examination through an accredited training program or licensed test site. Additionally, the CFPM shall respond correctly to the inspector's questions as they relate to the specific food operation.
a. The permit holder of every food establishment shall ensure that at least one person in charge at each location has a valid food protection management training certificate issued or approved by the department of state and health services as proof of successful completion of a DSHS accredited training program exam or licensed test site exam.
b. The permit holder shall display the Grand Prairie Food Protection Manager Certificate available for immediate inspection upon request by the regulatory authority.
c. The fee for obtaining a Grand Prairie Food Manager Certificate (GPFMC) shall be fifty dollars ($50.00). This fee shall not be prorated. The fee for replacement of a lost GPFMC certificate shall be ten dollars ($10.00).
d. Individuals meeting the criteria noted in section 13-20(l)(7)a.--e. shall obtain a Grand Prairie Food Manager Certification (GPFMC). The expiration date of the certified food manager certificate issued by DSHS or an approved accredited agency listed by DSHS, and shall not exceed a period of two (2) years.
e. The permit holder of a new food establishment and existing food establishment that has changed ownership, or a food establishment whose certified food protection manager has transferred or resigned shall have thirty (30) days to comply with the requirements of this section.
f. The following food establishments are exempt from the requirements of this section: Temporary food establishments and permanent food establishments that sell or distribute only prepackaged foods or uncut produce and do not prepare or package food; food establishments that serve only fountain drinks, coffee, and bottled alcoholic beverages. Other establishments may be determined on a case- by case basis depending on the types of food handling operations to be used, and the overall risk to the public health with approval by the director or manager.
g. State-approved food protection management training, as required by Chapter 438, Subchapter D, Texas Health and Safety Code, shall substitute for the required food handler traning. A food handling certificate will not be reequired upon presentation of a valid food protection management training certificate.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, ON THIS THE 15TH DAY OF September, 2015.