84R6027 JSC-D

By: Kolkhorst S.B. No. 582

A BILL TO BE ENTITLED

AN ACT

relating to education and training programs for food handlers; eliminating the authority of a local health jurisdiction to require certain fees.

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

SECTION 1. Section 437.0057, Health and Safety Code, is amended by amending Subsection (a) and adding Subsections (a-1) and (a-2) to read as follows:

(a) A county, a public health district, or the department may require certification [under Subchapter D, Chapter 438,] 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.

(a-1) For purposes of this section, a food handler receives certification by successfully completing a food handler education or training program:

(1) accredited under Subchapter D, Chapter 438; or

(2) accredited by the American National Standards Institute.

(a-2) This section applies without regard to whether the food service establishment is at a fixed location or is a mobile food unit.

SECTION 2. Section 437.0195(a), Health and Safety Code, is amended to read as follows:

(a) An individual who operates a cottage food production operation must have successfully completed a basic food safety education or training program for food handlers:

(1) accredited under Subchapter D, Chapter 438; or

(2) accredited by the American National Standards Institute.

SECTION 3. Section 437.0203(c), Health and Safety Code, is amended to read as follows:

(c) A person may conduct a cooking demonstration at a farmers' market only if:

(1) regardless of whether the demonstrator provides a sample of food to consumers[, the farmers' market that hosts the demonstration]:

(A) the [has an] establishment operator [with a valid certification under Subchapter D, Chapter 438,] supervising the demonstration has completed a food handler education or training program:

(i) accredited under Subchapter D, Chapter 438; or

(ii) accredited by the American National Standards Institute; and

(B) the farmers' market that hosts the demonstration complies with Sections 437.020 and 437.0202, the requirements of a temporary food establishment under this chapter, and rules adopted under this chapter; and

(2) when the demonstrator provides a sample of food to consumers:

(A) the demonstrator provides a sample only and not a full serving; and

(B) samples of food prepared during a demonstration are disposed of not later than two hours after the beginning of the demonstration.

SECTION 4. Section 438.046, Health and Safety Code, is amended by amending Subsections (b) and (c) and adding Subsection (b-1) to read as follows:

(b) A local health jurisdiction that requires training for a food service worker shall accept as sufficient to meet the jurisdiction's training and testing requirements a training course that is:

(1) accredited by the department and listed with the registry; or

(2) accredited by the American National Standards Institute.

(b-1) A food service worker trained in a course for the employees of a single entity is considered to have met a local health jurisdiction's training and testing requirements only as to food service performed for that entity.

(c) A [Any fee charged by a] local health jurisdiction may not charge a fee for a certificate issued to a food service worker trained by an accredited course described by Subsection (b) [listed in the registry may not exceed the lesser of:

[(1) the reasonable cost incurred by the jurisdiction in issuing the certificate; or

[(2) the fee charged by the jurisdiction to issue a certificate to a food service worker certified by the jurisdiction as having met the training and testing requirements by any other means].

SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2015.