Texas Register, Volume 34, Number 33, Pages 5445-5614, August 14, 2009 Page: 5,481
5445-5614 p. ; 28 cm.View a full description of this periodical.
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(A) clearly indicate that the certificate is valid for food
manager duties performed for the single entity only;
(B) be recognized by regulatory authorities for only that
single entity; and
(C) not receive reciprocity or recertification.
(k) Department certificate.
(1) Two-year renewal certificate. Certified food manager
certificates issued by the department from May 6, 2004 to April 24,
2008, shall be renewed every two years and may be renewed two times.
(2) Department certificate replacement. An individual re-
questing a certified food manager certificate replacement shall submit
a completed written application to the department with the appropriate
non-refundable fee. Replacement certificates will bear the same expi-
ration date as the original certificate.
(1) Department certificate fees.
(1) Two-year renewal certificate fee. The fee for renewal
of a two-year certificate issued shall be $10.
(2) Replacement certificate fee. A replacement certificate
fee for the department examination shall be $15.
(3) Texas Online Authority fee. For all applications and
renewal applications, the department is authorized to collect subscrip-
tion and convenience fees, in amounts determined by the Texas Online
Authority, to recover costs associated with application and renewal ap-
plication processing through Texas Online.
(m) Licensing of single entity certified food management pro-
grams. In addition to the licensing requirements as specified in sub-
section (n) of this section, a corporation wishing to use a single entity
option, which offers course length and topic requirements as specified
in Health and Safety Code, 43 8.043(a), shall submit to the department:
(1) a copy of the course syllabus; and
(2) a copy of the course curriculum.
(n) Licensing of certified food management program licensee.
The department shall issue a license of accreditation to each certified
food management program licensee who has demonstrated compliance
with this section. A license issued under these rules shall expire two
years from the date of issuance. This license is not transferable on
change of ownership, name, or site location.
(1) Application. A person wishing to apply for a certifica-
tion or recertification certified food management program license shall
submit a completed application to the department.
(2) Security agreement. The licensee shall submit a signed
security agreement that individual examination items, examination
item banks, certified food manager certification examinations, exami-
nation answer sheets, and candidate scores shall be secure at all times,
and during administration that the examinations shall remain secure.
(3) Certified food management program license fee. The
completed license application shall include the appropriate non-refund-
able fee as specified in subsection (p)(l) of this section.
(4) Sponsor. The licensee may designate a certified food
manager program sponsor as the person responsible for the adminis-
trative management of the program.
(5) Qualified instructor. The licensee shall provide a list of
all qualified food management program instructors who plan to teach
an accredited certification or recertification course to the department.A completed instructor application, along with other necessary docu-
mentation shall be submitted for all non-qualified instructors.
(6) Course syllabus. The licensee shall provide a course
syllabus to the department verifying the minimum of 14 hours of train-
ing for a certification program as specified in subsection (d) of this sec-
tion and a minimum of six hours of training for a recertification pro-
gram as specified in subsection (e) of this section. The training meth-
ods shall be designated on the application. A course curriculum shall
be available for review to verify the course syllabus.
(7) Certification examination. Department-approved ex-
amination(s) utilized by the certified food management programs shall
be designated on the completed application.
(o) Responsibilities of a licensee.
(1) Compliance with certified food management program
laws and rules. The licensee is responsible for compliance with appli-
cable certified food management program laws and rules.
(2) Payment of fees. All fees shall be non-refundable and
paid as specified in subsection (p) of this section.
(3) Certified food management program course content.
All certified food management programs shall be taught utilizing
the training and time requirements in Health and Safety Code,
438.043(a).
(4) Change of sponsor. The licensee shall notify the de-
partment in writing of the name of the new program sponsor.
(5) Change of qualified instructor. The licensee shall en-
sure that only a department-qualified instructor serves as the instructor
for the certified food management program. All new instructors shall
complete the application for new instructors that shall be submitted by
the licensee to the department with the applicable documentation. Li-
censees shall instruct all new instructors on the applicable laws and
rules and administrative responsibilities.
(p) Required fees. All fees are payable to the Department of
State Health Services and are non-refundable. Licensees shall submit
fees with the appropriate form that relates to the fee category. A current
license shall only be issued when all past due fees and late fees are paid
for all years of operation in Texas. The fees shall be:
(1) Certified food manager program license fee for initial,
renewal, or change of ownership. The certified food manger program
license fee shall be $600 for a two-year license for each certification or
recertification program.
(2) Certified food manager program amended license fee.
Program amendment fees shall be $300 for each certification or recer-
tification program.
(3) Late fee. Certified food manager licensees submitting
a completed renewal application to the department after the expiration
date shall pay an additional $100 as a late fee.
(4) Texas Online Authority fee. For all applications and
renewal applications, the department is authorized to collect subscrip-
tion and convenience fees, in amounts determined by the Texas Online
Authority, to recover costs associated with application and renewal ap-
plication processing through Texas Online.
(q) Certified food management program registry. The depart-
ment shall maintain a program registry of all accredited certification
and recertification programs. The registry shall be made available on
the department website.
(r) Department audits. Audits of examination and classroom
may be conducted to assess program compliance. Audits may be basedPROPOSED RULES August 14, 2009 34 TexReg 5481
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Texas. Secretary of State. Texas Register, Volume 34, Number 33, Pages 5445-5614, August 14, 2009, periodical, August 14, 2009; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth90865/m1/36/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.