HomeMy WebLinkAboutOrdinance 9497:~
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ORDINANCE N0. ~~~~~
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AN 012DINANCE OF THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS, AMENDING THE CITY CODE OF THE CITY OF FORT
WORTH BY REVISING SECTIONS 19-35, 19-47, 19-47.1, 19-48,
AND 19-48.1 AND ADDING SECTION 19-48.2, SUCH SECTIONS TO
DEFINE TERMS AND TO PROVIDE REGULATIONS FOR THE CERTIFI-
CATION OF FOOD MANAGERS AND FOOD HANDLERS; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLL-
MENT; PROVIDING FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, it has been determined by the Director of the
Department of Public Health that the interests of the public health
will be served by providing primarily for the training and certifi-
cation of food industry supervisory personnel rather than for the
training and certification of all food handlers as is now required;
and
WHEREAS, the Director of the Department of Public Health has
further determined that in certain limited situations it is appro-
priate to permit food handler's training and certification in lieu
of food manager's training and certification; and
WHEREAS, based on such determinations by the Director of the
Department of Public Health the City Council desires to implement
certain changes in the City Code;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS:
SECTION 1.
The City Code of the City of Fort Worth is hereby amended by
revising Sections 19-35, 19-47, 19-47.1, 19-48 and 19-48.1 of the
City Code, the said Sections of such Code to hereafter provide as
follows:
Sec. 19-35. Definitions.
A. Food Establishment shall mean all places where food
or drink are manufactured, packaged, produced,
processed, transported, stored, sold, commercially
prepared, vended, or otherwise handled, whether
offered for sale, given in exchange or given away
for use as food or furnished for human consumption.
The term does not apply to private homes where food
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is prepared or served for guest and individual
family consumption. The location of commercially
packaged single portion nonpotentially hazardous
snack items and wrapped candy vended or sold over
the counter is excluded.
B. Temporary Food Establishment shall mean a food ser-
vice establishment that operates at a fixed location
for a period of time of not more than fourteen ( 14 )
consecutive days in conjunction with a single event
or celebration.
Sec. 19-47. Certificate Required.
No person may serve in a managerial or supervisory
capacity in the operation of a food establishment as
defined in Section 19-35 unless and until such person is
the holder of a Food Manager's Certificate issued by the
Director of the Department of Public Health. In order to
qualify for a Food Manager's Certificate, a person must
present evidence of satisfactory completion of a course
of training or an examination approved by the Director
of the Department of Public Health. Such course of
training or examination must deal with the subject of
food management or a directly related and equivalent
subject.
Sec. 19-47.1. Duration of Food Manager's Certificates;
Fee Required; Renewal.
Any such Food Manager's Certificate shall be valid
for a period of thirty-six (36) months from the date of
its issuance. A fee of Fifteen Dollars x$15.00) shall be
paid upon the issuance of each new certificate or any
renewal thereof. In case of loss, a duplicate certifi-
cate may be obtained for a fee of Two Dollars ($2.00).
All Food Manager's Certificates are subject to
immediate revocation by the Director of the Department
of Public Health if it is determined that the holder
thereof is infected with, or the carrier of, any commu-
nicable disease or if it is determined by such Director
that the continuation of any such permit presents a
significant public health threat.
Sec. 19-48. Food Handler's Certificate.
In any temporary food establishment as defined in
Section 19-35 or any food establishment with six or
fewer employees, Food Handler's certification of all
persons who handle food in such establishment may .sub-
stitute for the Food Manager certification provided for
in Section 19-47. Every such person shall have in his
possession at all times a Food Handler's Certificate
issued by the Director of the Department of Public
Health stating that such person has satisfactorily
completed a course of training approved by the Director
of the Department of Public Health. Such course of
training must deal with the subject of .food handling or
a directly related and equivalent subject.
The Director of the Department of Public Health may
require the retraining of any food handler at any time
that such Director determines such person presents a
significant public health threat.
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Sec. 19-48.1. Same - Duration of Food Handler's Certi-
ficates; Fee Required; Renewal.
Any such Food Handler's Certificate shall be valid
for a period of twelve ( 1 2 ) months from the date of its
issuance. A fee of Four Dollars ($4.00) shall be paid
upon the issuance of each new certificate or any renewal
thereof. In case of loss, a duplicate certificate may be
obtained for a fee of Two Dollars ($2.00).
All Food Handler's Certificates are subject to
immediate revocation by the Director of the Department
of Public Health if it is determined that the holder
thereof is infected with, or the carrier of, any commun-
icable disease or if it is determined by such Director
that the continuation of any such permit presents a
significant public health threat.
SECTION 2.
The City Code of the City of Fort Worth is further amended by
adding Section 19-48.2 to be inserted in such Code at the appro-
priate numerical position and to hereafter provide as follows:
Sec. 19-48.2. Retraining.
Whenever a permit to operate a food establishment issued
pursuant to Section 19-412 is revoked or suspended for
improper sanitation, all food service employees of the
permit holder employed at the business location named in
the permit application may be required to satisfy the
training requirements of Section 19-48 for initial
certification as a Food Handler. In addition, all
managerial and supervisory personnel employed at such
location may be required to satisfy the training re-
quirements of Section 19-47 for initial certification as
a Food Manager.
SECTION 3.
This ordinance shall be cumulative of all provisions of ordi-
nances and of the Code of the City of Fort Worth, Texas (1964) , as
amended, except where the provisions of this ordinance are in direct
conflict with the provisions of such ordinances and such Code, in
which event conflicting provisions of such ordinances and such Code
are hereby repealed.
SECTION 4.
It is hereby declared to be the intention of the City Council
that the sections, paragraphs, sentences, ciauses and phrases of
this ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared unconstitu-
tional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the
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remaining phrases, clauses, sentences, paragraphs and sections of
this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 5.
Any person, firm or corporation who vio],ates, disobeys, omits,
neglects or refuses to comply with or who resists the enforcement of
any of the provisions of this ordinance shall be fined not more than
One Thousand Dollars ($1,000) .for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 6.
All rights and remedies of the City of Fort Worth, Texas, are
expressly saved as to any and all violations of the provisions of
Chapter 19, Article IV of the City Code of the City of Fort Worth or
any other ordinances affecting food and food establishments which
have accrued at the time of the effective date of this ordinance;
and, as to such accrued violations and all pending litigation, both
civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by thi~~s ordinance but may be
prosecuted until final disposition by the courts.
SECTION 7.
The City Secretary of the City of Fort Worth is hereby directed
to engross and enroll this ordinance by copying the caption and
Sections 1, 2 and 5 in the minutes of the City Council and by filing
the ordinance in the ordinance records of the City.
SECTION 8,
The City Secretary of the City of Fort Worth, Texas, is hereby
directed to publish the caption and Sections 1, 2 and 5 of this
ordinance for two (2) days in the official newspaper of the City of
Fort Worth, Texas, as authorized by Art. 1~76b-1, Revised Civil
Statutes of Texas.
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SECTION 9.
This ordinance shall be in full force and effect from and
after its passage and publication as required by law, and it is so
ordained.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
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Date: t 0 ~~ ~ ~ ,
ADOPTED:
EFFECTIVE: ~
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HEALTH DEPARTh
EryQf~TE REFERENCE
NUMBER SUBJECT PAGE
10-1-85 G-6448 FOOD SANITATION TRAINING ,o, 1
RECOMMENDATION:
It is recommended that City Council approve the attached ordinance which elimi-
nates requirements for a food handler's certificate except for certain esta-
blishment classifications.
Background
Since 1981 the Fort Worth Public Health Department has provided a 45-minute
class on basic food sanitation for all food service workers in Fort Worth. The
training is required annually by Section 19-47 of the City Code. In January,
1985, the Health Department began enforcing the Code requirement that food ser-
vice managers have completed a course in food sanitation for managers. Basi-
cally, this is an FDA-approved sixteen-hour course such is presented by the
Texas Restaurant Association and Tarrant County Junior College.
There is a high turnover of employees in the food industry. Health Department
staff believe that better food results are obtained with less burden to the food
industry when supervisory personnel are trained and certified every three years
rather than requiring annual. training of every food service worker. Knowledge-
able supervisory personnel will require good food hygiene practices from their
employees.
At the present rate of food manager certification, it is anticipated that eighty
percent (80%) of those eligible will be trained and certified by October 1,
1985.
The Board of Directors of the Fort Worth Restaurant Association support these
changes to the food sanitation training program.
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Attachment
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SUBMITTED FOR THE~~\\
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CITY MANAGER'S /,J DISPOSITION BV COUNCIL. PROCESSED BV
nFFICE BY ~~ ll~9LLrr
`'~~~.~L~~ APPROVED
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ORIGINATING Brooks Ta 1 Or
DEPARTMENT HEAO• y ^ OTHER (DESCRIBEI
CITY SECRETARY
FOR AODIr10NAL INFORMATIO-~nri ueta Gomez ext 725
q Adopted Ordunance r ~•
CONTACT DATE