81R8788 JSC-F

By: Ellis S.B. No. 1887

A BILL TO BE ENTITLED

AN ACT

relating to food handlers.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 437, Health and Safety Code, is amended by adding Section 437.0057 to read as follows:

Sec. 437.0057. REGULATION OF FOOD HANDLERS BY COUNTIES, PUBLIC HEALTH DISTRICTS, AND THE DEPARTMENT. (a) A county, a public health district, or the department may require certification under Subchapter D, Chapter 438, obtained not later than the 30th day after the date a food handler is employed for each food handler who is employed by a food service establishment in which food is prepared on-site for sale to the public and which holds a permit issued by the county, the public health district, or the department. This section applies without regard to whether the food service establishment is at a fixed location or is a mobile food unit.

(b) The requirements of certification under this section may not be more stringent than the requirements of Subchapter D, Chapter 438.

(c) A county, a public health district, or the department may not require an establishment that handles only prepackaged food and does not prepare or package food to employ certified food handlers under this section.

(d) A county, a public health district, or the department may exempt a food service establishment from the requirement that the county, public health district, or department has imposed under Subsection (a) if the county, the public health district, or the department determines that the application of Subsection (a) to that establishment is not necessary to protect public health and safety.

(e) A person employed as a food handler on the date a certification requirement imposed by a county, a public health district, or the department under this section becomes effective is not required to obtain certification until the 60th day after the date the requirement becomes effective.

SECTION 2. Section 438.032(b), Health and Safety Code, is amended to read as follows:

(b) A person, firm, corporation, or organization operating or managing a public eating place or vehicle or other place where food is manufactured, processed, prepared, dispensed, or handled in a manner or under circumstances that would permit the probable transmission of disease from a handler to a consumer:

(1) may not employ a person described in Subsection (a) to handle the food, utensils, dishes, or serving implements; and

(2) shall post a sign in a place conspicuous to employees, in a form adopted by the executive commissioner of the Health and Human Services Commission, describing a food service employee's responsibilities to report certain health conditions to the permit holder under rules adopted by the executive commissioner.

SECTION 3. Section 438.034, Health and Safety Code, is amended to read as follows:

Sec. 438.034. EMPLOYEE CLEANLINESS. A person handling food or unsealed food containers shall:

(1) maintain personal cleanliness;

(2) wear clean outer garments;

(3) keep the person's hands clean; [and]

(4) [either:

[(A)] wash the person's hands and exposed portions of the person's arms with soap and water:

(A) before starting work;

(B) [,] during work as often as necessary to avoid cross-contaminating food; and

(C) to maintain cleanliness, after smoking, eating, and each visit to the toilet; and [or]

(5) [(B)] avoid bare-hand contact with exposed food by the use of gloves or utensils [and wash hands after smoking, eating, and each visit to the toilet].

SECTION 4. (a) Not later than December 1, 2009, the executive commissioner of the Health and Human Services Commission shall adopt the form of the sign required under Section 438.032, Health and Safety Code, as amended by this Act.

(b) A person, firm, corporation, or other organization is not required to post the sign required by Section 438.032, Health and Safety Code, as amended by this Act, before January 1, 2010.

SECTION 5. This Act takes effect September 1, 2009.