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HomeMy WebLinkAboutOrdinance - 2006-O0086 - Amending Chapt. 12 With Regard To Adloption Of Food Est Rules, Cert. Of Food Mgr - 08/10/2006First Reading August 10-, 2006 Item Bo. 6.3 ORDINANCE NO. 2006-00086 Second Reading August 24, 2006 Item No. 5.1 AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE ADOPTION OF FOOD ESTABLISHMENT RULES; CERTIFICATION OF FOOD MANAGERS; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council of the City of Lubbock, Texas deems it in the best interest of the health, safety, and welfare of the citizens of Lubbock to make the following amendments to Chapter 12 of the Code of Ordinances with regard to the adoption of the food establishment rules and the certification of food managers; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 12-18 of the Code of Ordinances of the City of Lubbock, Texas, is hereby added to read as follows: Sec. 12-18. Adoption food establishment rules. The ''Texas Food Establishment Rules" adopted by the Texas Department of State Health Services on March 15, 2006, as amended, are hereby incorporated into this article by reference and food sanitation within the city shall be enforced and regulated in accordance with said rules. A copy of said rules shall be filed with the city secretary and a copy maintained in the office of Environmental Health, which said copies shall be available for public inspection during the business hours of the offices in which they are maintained. SECTION 2. THAT Section 12-21 of the Code of Ordinances of the City of Lubbock, Texas, is hereby added to read as follows: Sec. 12-21. Certification of food managers. (a) Purpose. This section is intended to provide the framework of certification programs for food managers in accordance with Texas Health and Safety Code (RSC), Chapter 438, Subchapter G. Certification of Food Managers supports demonstration of food safety knowledge, thereby reducing the risk of foodbome illness outbreaks caused by improper food preparation and handling techniques. (b) Definitions. The following words and terms when used in this section shall have the following meanings unless the context clearly indicates otherwise: (I) Certificate--The documentation issued by an organization that administers a department approved examination verifying that an individual has complied with the requirements of this section. (2) Certification--The process whereby a certificate is issued. (3) Certified food manager--A person who has demonstrated that he/she has the knowledge, skills and abilities required to protect the public from foodbome illness by means of successfully completing a food safety examination as described in this section. (4) Certified food manager examination--A department approved examination for food manager certification. (5) Conference for Food Protection--An independent national voluntary nonprofit organization promoting food safety and consumer protection. ( 6) Department--The City of Lubbock Department of Health. (7) Examination site--The physical location at which the department approved examination is administered. (8) Food--A raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum. (9) Food establishment--An operation that stores, prepares, packages, serves, or otherwise provides food for human consumption such as: a food service establishment; retail food store; satellite or catered feeding location; catering operation, if the operation provides food directly to a consumer or to a conveyance used to transport people; market; remote catered operations; conveyance used to transport people; institution or food bank that relinquishes possession of food to a consumer directly or indirectly through a delivery service such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers. (A) The term includes: an element of the operation such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location, unless the vending or feeding location is permitted by the regulatory authority; a restaurant; a grocery store; an operation that is conducted in a mobile, roadside, stationary, temporary, or permanent facility or location; group residence; outfitter operations; bed and breakfast extended and bed and breakfast food establishments where consumption is on or off the premises; and regardless of whether there is a charge for the food. (B) The term does not include: an establishment that offers only prepackaged foods that are not potentially hazardous; a produce stand that only offers whole, uncut fresh fruits and vegetables; a food processing plant; a kitchen in a private home if only food that is not potentially hazardous is prepared for sale or service at a function, such as a religious or charitable organization's bake sale; a bed and breakfast limited facility as defined in §229.162( 4 )(A) of this title. 2 (10) Law--Applicable local, state and federal statutes, regulations and ordinances. (11) Nonprofit organization--A civic or fraternal organization, charity, lodge, association, proprietorship or corporation possessing a 501(C) exemption under the Internal Revenue Code; or religious organizations meeting the definition of "church" under the Internal Revenue Code, §170(b)(l)(A)(n. (12) Person--An association, corporation, partnership, individual or other legal entity, government or governmental subdivision or agency. (13) Personal validation question--A question designed to establish the identity of the candidate taking a certified food manager examination by requiring an answer related to the candidate's personal information such as a driver's license number, address, date of birth, or other similar information that is unique to the candidate. (14) Proctor--The examination administrator or a person who is designated to assist the examination administrator. (15) Psychometric--Scientific measurement or quantification of human qualities, traits or behaviors. (16) Reciprocity--Acceptance by state and local regulatory authorities of a department approved food manager certificate. (17) Regulatory authority--The state or local enforcement body or authorized representative having jurisdiction over the food establishment. (18) Secure--Access limited to the licensee or examination administrator. (19) Traceable means--A method of mailing documents that can be tracked in the event of loss or delay. (c) Certified food manager. (1) Certified food manager responsibilities. Responsibilities of a certified food manager include: (A) identifying hazards in the day-to-day operation of a food establishment that provides food for human consumption; (B) developing or implementing specific policies. procedures or standards aimed at preventing foodbome illness; (C) coordinating training, supervising or directing food preparation activities and taking corrective action as needed to protect the health of the consumer; 3 (D) training the food establishment employees on the principles of food safety; and (E) conducting in-house self-inspection of daily operations on a periodic basis to ensure that policies and procedures concerning food safety are being followed. (2) Certification by a food safety examination. To be certified, a food manager must pass a department approved examination or a national examination recognized by the Conference for Food Protection. (3) Certificate reciprocity. A certificate issued to an individual who successfully completes a department approved examination shall be accepted as meeting the training and examination requirements under Texas Health and Safety Code §438.046(b). (4) Certificate availability. The original food manager certificate shall be conspicuously posted at each food establishment. ( d) Internet examination criteria. Documentation that Internet examination questions meet accepted psychometric standards for reliability, validity, and passing score shall be submitted to the department. Each candidate shall receive a unique form of the examination with regard to question sequence. Internet examinations shall consist of 75 statistically valid questions that are administered at one time following any voluntary training that may precede the examination. (e) Site requirements for administration of the department examination and national examinations. Examination sites utilizing the department examination or a national examination must comply with all legal requirements for safety, health, and accessibility for all qualified candidates. Accommodations, lighting, space, comfort, and workspace for taking the examination must allow all candidates to perform at their highest level of competency. Requirements at each site include but are not limited to: (1) accessibility in accordance with the requirements of the Americans with Disabilities Act must be available for all qualified examinees; (2) sufficient spacing between each examinee in the area where the actual examination is conducted, or other appropriate and effective methods, to preclude any examinee from viewing other candidates' examinations; (3) acoustics that allow each examinee to hear instructions clearly, using an electronic audio system if necessary; (4) adequate lighting at each examinee's workspace for reading fine print; and (5) appropriate ventilation and temperature for the health and comfort of examinees. (f) Internet examination administration. 4 ( 1) Registration requirements for Internet examinations. The licensee shall register the candidates and require the candidates to: (A) verify their identity; (B) provide responses to ten personal validation questions; and (C) maintain examination security. (2) Licensee examination disclosure information. The licensee shall infonn the candidate that: (A) reference materials shall not be used during the examination; (B) the candidate shall not receive assistance from anyone during the examination; and (C) examination questions may not be replicated in any fashion. (3) Personal validation questions. The licensee shall verify a candidate's identity throughout the examination. The personal validation process must include the following elements: (A) a minimum of five personal validation questions selected from the ten questions provided during registration shall be incorporated at various times during the examination; (B) the personal validation questions must be randomly generated with respect to time and order; (C) the same personal validation questions shall not be asked more than once during the same examination; and (D) the examination session shall cease and the candidate shall be automatically exited from the examination if a candidate answers a personal validation question incorrectly. (4) System support. The licensee of an approved Internet examination must include the following system capabilities and security measures: (A) capability to browse or review previously completed examination questions; (B) capability to navigate logically and systematically through the examination; (C) technical support personnel for Internet examination issues; (D) security of personal candidate information in transit and at rest; (E) a back-up and disaster recovery system capability; and 5 (F) assurance that examination data is maintained in a secure and safe environment and readily available to the department. (5) Reporting requirements for non-proctored Internet examination administrators. Internet examination administrators who administer examinations in non-proctored locations shall submit a semi- annual report to enable the department to evaluate examination security and system performance. The report shall include: (A) statistical data to enable measurement of central tendency, ranges of examination scores, standard deviation, standard error of measurement, and examination cut score; (B) the number of personal validation questions used; and (C) the number of examinations discontinued due to incorrect responses to personal validation questions. ( 6) Time allotment for non-proctored Internet examination providers. Time allotted for administration of non-proctored examinations shall not exceed 90 minutes. (g) Department examination related to late fees. Department examinations will not be provided to any licensee that is over 30 days delinquent in renewing a license. (h) Department audits. Audits of certified food manager licensees shall be conducted to assess compliance with these rules. Audits may be based on analysis of data compiled by the department. (i) Denial, suspension and revocation of certified food manager license. A certified food manager license may be denied, suspended or revoked for the following reasons: (1) a licensee, examination administrator, or proctor breaches the security agreement; (2) a licensee is delinquent in payment of fees as described in this section; or (3) violation of the provisions of this section. G) Denial, suspension and revocation procedures. Denial, suspension and revocation procedures under this section shall be conducted in accordance with Sections 12-31 and 12-32 of this Code. SECTION 3. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor with a fine not to exceed two thousand dollars ($2,000), punishable as provided by Sec. 1-4 of the Code of Ordinances of the City of Lubbock. SECTION 4. THAT should any paragraph, section, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of the Ordinance shall not be affected thereby. 6 SECTION 5. THAT the City Secretary of the City of Lubbock, Texas, is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative means of publication provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading this 10th day of August , 2006. Passed by the City Council on second reading this 24th day of August , 2006. ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Bridget Faulkenberry Environmental Health APPROVED AS TO FORM: as/ccdocs/food-ord3 .ord 7/31/06 --:7)~~___, AVID;.;~R,MAYOR 7