2015 Texas Food Establishment Rules and 2016 Garland Code of Ordinance Review

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1 2015 Texas Food Establishment Rules and 2016 Garland Code of Ordinance Review 1

2 Current Program 991 Permitted Food Handling operations FY : 1948 unannounced food inspections conducted; 2444 recheck inspections 10 current Environmental Health Specialists Currently utilizing the TFER rules last revised March

3 Texas Food Establishment Rules (TFER) Health and Safety Code, Chapter 437 Based on United States Food and Drug Administration 2013 Model Food Code Texas Department of State Health Services adopted revised TFER effective Oct. 11,

4 Major Changes Complete repeal of the current/2006 TFER and an introduction of a new rule Chapter 229 becomes Chapter FDA Model Food Code language will be adopted Inspection form will be revised Many new definitions and term updates Educational period will be in effect before enforcement 4

5 Definitions Conditional employee a potential food employee to whom a job offer is made Cut leafy greens fresh leafy greens whose leaves have been cut, shredded, sliced, chopped, or torn. This does not include the harvest cut. Leafy greens includes iceberg lettuce, romaine lettuce, leaf lettuce, butter lettuce, baby leaf lettuce, escarole, endive, spring mix, spinach, cabbage, kale, arugula, and chard. This term does not include herbs such as cilantro or parsley. 5

6 Definitions Major food allergen a food allergen is a food protein that causes an adverse immune response. Dairy Eggs Wheat Soy Peanuts Tree Nuts Fish Shellfish Any food ingredients that contain protein derived from these foods, not including any highly refined oil from these foods 6

7 Definitions Non-Continuous cooking the cooking of food in a food establishment using a process in which the initial heating of the food is intentionally halted so that it may be cooled and held for complete cooking at a later time prior to sale or service. Service animal- a canine that is individually trained to do work or perform tasks for benefit of an individual with a disability 7

8 Definitions Specialized processing method- A method of preparing certain foods that requires a variance from GHD, including but not limited to: Smoking food as a method of food preservation, not flavor enchancement Curing food Using food additives or adding components to preserve and/or render a food so it is not a TCS food Reduced oxygen packaging (ROP) Operating a molluscan shellfish life-support system display tank Sprouting seeds or beans in a retail food establishment Custom processing animals for personal use Preparing food by a method determined by the regulatory authority as requiring a variance. 8

9 Significant Terminology Changes Eliminated term Potentially Hazardous Food (PHF) and replaced with Time/Temperature Control for Safety Food (TCS) Critical Violation and Non-critical Violation now replaced with 3 separate type of violations: Priority item ( P ) contributes directly to the elimination, prevention or reduction of hazards associated with foodborne illness or injury Priority foundation item ( PF ) supports, facilitates, or enables one or more priority items Core item usually relates to general sanitation, operational controls, sanitation operating procedures, facilities or structures, equipment design, or general maintenance. 9

10 Owner, Management, Person in Charge If permit holder not present, must designate a person in charge Person in Charge (PIC) Demonstration of knowledge Demonstration of knowledge can be done one of 3 ways: 1) Complying by having no priority items during the current inspection, or; 2) Being a Certified Food Protection Manager, or; 3) Responding correctly to the inspector s questions as they relate to the specific food operation (17 separate areas) 10

11 Person in Charge Person in Charge has new duties to ensure: Food allergy awareness training Food employees and conditional employees are informed of their responsibility to report information on their health and activities as it relates to diseases that are transmissible through food Written procedures and plans are maintained and implemented 11

12 Reporting Symptoms and Diagnosis Food employees and conditional employees are required to report information in a manner that allows the PIC to reduce the risk of foodborne illness 12

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14 Excluding and Restricting Employees Exclude = cannot work on the premises Restrict = limit activities so there is no risk of transmitting disease to customers TFER outlines specifically who shall be excluded/restricted and when Contact GHD when an employee is excluded and/or restricted (required by amendment) 14

15 Food Employee and Conditional Employee Reporting Agreement Required for each food employee and conditional employee Must be signed and kept onsite GHD will provide a template 15

16 Clean up of Vomit and Diarrheal Events Each establishment required to have a written policy How to clean when vomit or feces is discharged onto surfaces of food establishments Shall address: Specific actions of employees to minimize spread of contamination Minimize exposure of employees, consumers, food, and surfaces GHD has sample documents that can be used or each establishment can develop their own Must be onsite for review during inspection 16

17 ShellstockTags Shellstock tags must now be recorded with the date of when the last shellstock from the container is sold or served. Shellstock tags must be kept using an approved record keeping system that keeps the tags or labels in chronological order 17

18 Bare Hand Contact with Ready To Eat Foods Not allowed if serving a Highly Susceptible Population (HSP) Persons more likely than other people in the general population to experience foodborne disease Immunocompromised (hospitals, nursing homes) Elderly populations (assisted living, rehabilitation centers, senior centers) Young children (child care centers, schools where children are aged 9 and younger) Must obtain approval from health department and maintain proof of the approval at the facility for review during inspection Written procedure must contain bare hand contact procedure, listing of the specific ready-to-eat foods and food additives that are being touched by bare hands Written employee health plans for all food and conditional employees 18

19 Bare Hand Contact with Ready To Eat Foods (con t) Documented food handler training Documentation that hands are washed before food preparation and as necessary to prevent cross contamination by food employees Documentation is maintained that at least two (2) or more of the following control measures are being utilized during handwashing: Double handwashing Nail brushes Hand sanitizer Incentive programs that assist or encourage food employees not to work when they are ill, such as paid sick leave Other control measures approved by the regulatory authority 19

20 Packaged Food and Contamination (a)(1)(A)(iii) now allows frozen, commercially processed and packaged raw animal food to be stored or displayed with or above frozen, commercially processed and packaged, ready-to-eat food. 20

21 Take Home Refillable Containers Container must be designed and constructed for reuse Must be initially provided by the food establishment to the consumer Must be visually inspected, properly cleaned and sanitized by the food establishment before it can be refilled with food Beverage containers may be reused if: Beverage is not a TCS food Design of the container allows for effective cleaning Must be refilled in a contamination-free process 21

22 Pork Cooking Temperature (a)(1)(A) internal cooking temperature for pork is now 145 F or above for 15 seconds This will also affect where pork can be stored in the line up for cross contamination 22

23 Non-continuous Cooking of Raw Animal Foods Food cannot be subject to an initial heating process that is longer than 60 minutes in duration Immediately after initial heating must be properly cooled After cooling, held frozen or cold (41 degrees or colder) Prior to sale or service, cooked using a process that heats all parts of the food to a required temperature Cooled properly if not either hot held, served immediately, or held using Time as a Public Health control after complete cooking **Must have a written procedure that is approved by the health department** Documentation and monitoring requirements must also be met 23

24 Parasite Destruction Documentation Raw, raw-marinated, partially cooked, or marinated-partially cooked fish that are served or sold in ready-to-eat form, shall have records of the freezing temperature and time to which the fish are subjected. Records must be available for 90 calendar days beyond the time of service or sale of fish Fish frozen by a supplier, a written agreement from the supplier may substitute for the records There are some exceptions to this rule, please refer to TFER for full language. 24

25 Time as a Public Health Control Using time instead of temperature as the control measure Requires a written variance from the Health Department PRIOR to being used in a food establishment Hot food items using time control can be held for no more than 4 hours Cold food items using time control can be held for no more than 6 hours and must stay under 70 F ALL foods using Time as a control MUST be discarded at the end of the time period Must have an approved time tracking system 25

26 Food Allergen Labeling Foods packaged and labeled onsite must have food allergen labeling The name of the food source for each major food allergen contained in the food Not needed if the food source is already part of the common or usual name of the respective ingredient (i.e. pecan praline, peanut butter) 26

27 Bulk Food Labeling Bulk food available for consumer self-dispensing shall have the following information on the label in plain view of the customer: Manufacturer s or processor s label provided with the food; or A card, sign, or other method of notification that includes the common name of the food, an ingredient list (if applicable), and nutrition labeling as required by 21 CFR 101 and 9 CFR 317 Bulk, unpackaged foods such as bakery products and unpackaged foods that are portioned to customer specifications do not need to be labeled if a health or nutrient claim is made AND the food is manufactured or prepared on the premises of the establishment or at a food processing plant that is owned by the same person and is regulated by the food regulatory agency that has jurisdiction. 27

28 Consumer Advisory If an animal food such as beef, eggs, fish, lamb, milk, pork, poultry, or shellfish is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens, either in readyto-eat form or as an ingredient in another ready-to-eat food Permit holder must inform consumers of the risk Brochures, deli case, menu advisories, label statements, table tents, placards, or other effective written means 28

29 Wood as a Food Contact Surface Wood can only be used as a food contact surface if Hard close-grained wood: maple, walnut, mahogany, bamboo, and pecan Used for cutting boards, cutting blocks, bakers tables, and utensils such as rolling pins, doughnut dowels, salad bowls, chopsticks, and wooden skewers Wooden paddles used in confectionary operations for pressure scraping kettles where temperature is 230 F or higher. 29

30 Physical Facilities Toilets, urinals, and showers may not be used as a service sink for the disposal of mop water and similar liquid waste No grandfathering allowed Approved toe hooks may be installed on toilet room doors in lieu of providing individual paper towels in toilet rooms. 30

31 Poisonous and Toxic Materials All medicines that are in a food establishment for the employees use shall bear a legible manufacturer s label These medicines should be located to prevent contamination of food, equipment, utensils, linens and single-service and single-use articles. A first aid kit is now required to be provided at all food establishments Recommended list of items in the first aid kit is in your handout 31

32 Food Handler Certification GHD is no longer issuing food handler certificates Food handler certificates must be from ANSI accredited or DSHSaccredited providers. List of approved providers can be found on City of Garland website or EHS can provide during inspection. At least one person onsite must have food handler certification at all temporary food events and concession stands. 32

33 Most Recent Establishment Inspection (11) Requires the establishment to notify customers that the most recent establishment inspection is available upon request GHD will incorporate this language onto the Food Establishment Permit Inspection report must be available by either food establishment or Health Department 33

34 Additional information Garland Health Department