ORDINANCE NO. 02-48

AN ORDINANCE AMENDING TITLE X1, CHAPTER 111: FOOD AND FOOD ESTABLISHMENTS, OF THE CITY OF HARLINGEN CODE OF ORDINANCES BY ADDING SECTION 111.14 REQUIRING CERTIFICATION FOR FOOD MANAGERS, SECTION 111.15 ESTABLISHING CRITERIA FOR COURSES AND WHO MAY ISSUE CERTIFICATIONS, SECTION 111.16 ESTABLISHING MINIMUM REQUIRED TRAINING AND SECTION 111.17  ESTABLISHING POSTING REQUIREMENTS FOR CERTIFICATES; PROVIDING FOR PUBLICATION AND ORDAINING OTHER MATTERS RELATED TO THE FOREGOING

            WHEREAS, The Elected City Commission of the City of Harlingen, Texas finds it is in

the interest of the public to amend Chapter 111 - Food and Food Establishments of the Code of

Ordinances, now therefore:

            BE IT ORDAINED BY THE CITY OF HARLINGEN:

            SECTION I: Chapter 111: Food and Food Establishments of the City of Harlingen Code of

Ordinances is hereby amended by adding Section 111.14 Food Protection Manager's Certification Required,

Section 111.15 Issuance, and Section 111.16 Required Training and Section 111.17 Posting Requirements and such 

sections shall read in their entirety as follows:

             111.14 FOOD MANAGER'S CERTIFICATION REQUIRED

             It shall be unlawful for any owner or operator of a food establishment, food processing plant

or mobile food unit during all hours of operation, to fail to have at least one person on the premises

in charge of the operation who has a valid food protection manager's certification. This requirement shall not

apply to retail food stores where only pre-packaged foods are sold, roadside markets that offer only

fresh fruits and vegetables for sale, food vending machines, temporary food establishment(s) or a

religious/charitable organization's bake sale.

              111.15 ISSUANCE

              A food protection manager's certification may be issued by any state, municipality, agency or school

of instruction whose food protection manager's certificate program or certification has been accredited by The

Texas Department of Health. The certificate shall provide evidence that the applicant has

satisfactorily completed a course of instruction. Such course shall include, as a minimum, not less

than fifteen (15) hours of training, the contents of which cover minimum essential knowledge of safe

food handling practices, the biological basis of food borne infection and transmission and the safe

preparation, handling and storage of food by all employees found in food service operations.

Section 111.16 REQUIRED TRAINING

             It shall be unlawful for any employee of a food establishment to begin work without

first having completed a minimum of two (2) hours of food sanitation training as approved by

the Texas Department of Health.   Two (2) hours of Re-training shall be required every two (2) years to ensure 

employee performance of their duties in accordance with food service sanitation ordinances, rules and

regulations.

Section 111.17 POSTING REQUIREMENTS:

             Posting:  Each food protection manager and food handler's food handling certification shall be at all times kept 

posted, filed or otherwise readily available for viewing by the City's Environmental Health Director or designated 

representative. 

              SECTION II: That the City Secretary of the City of Harlingen, Texas is hereby

authorized and directed to cause a true and correct copy of the caption of this Ordinance to be

published in a newspaper having general circulation in the City of Harlingen, Cameron County,

Texas.

              FINALLY ENACTED THIS  15th day of     May    , 2002 at a regular

meeting of the Elective Commission of the City of Harlingen, Texas at which a quorum was

present and which was held in accordance with TEXAS GOVERNMENT CODE, CHAPTER

551.