Uniformity of Retail Food Safety Inspections with Home Rule Jurisdiction in the State of Texas
Stevan Walker
City of Lubbock Environmental Health
International Food Protection Training Institute
2010 Fellow in Applied Science, Law and Policy: Fellowship in Food Protection
Abstract
The lack of uniformity of retail food safety inspections due to the home rule legislation in the State of Texas has resulted in variances in the professional profiles of inspectors and in differences in food safety regulations adopted by specific jurisdictions in Texas. Data was obtained from food safety inspectors from jurisdictions with populations greater than 25,000 who responded to an online survey. Results obtained indicated that participating jurisdictions used Texas Food Establishment Rules (TFER) to conduct retail food safety inspections; however 33% (N=8) of the survey participants indicated that inspectors enforce additional rules that are specific to their own jurisdictions. Responses to questions concerning profiles of retail food safety inspectors indicated that a majority of jurisdictions did require that inspectors hold Registered Sanitarian (RS) credentials. Additionally, 91.3% (N=21) of the respondents indicated that food safety was only one segment of the duties required of their inspectors.
Background
Any city in Texas with a population of more than 5,000 may adopt a home rule charter. According to the Texas Historical Association, 290 home rule charters existed in Texas as of 1994. Although these charters cannot have provisions that are inconsistent with the state constitution or statutes, Texas home rule cities have more “home rule” than any other cities in the nation that include regulations addressing food safety (Blodgett, 1994).
Restaurants and other retail food establishments inspected and regulated by food safety inspectors in home rule jurisdictions in Texas have expressed a concern about the lack of uniformity related to the inspection process. Establishments cite differences in the regulations used in multiple jurisdictions and interpretation of the regulations by inspectors as being confusing, with the result that these differences make compliance with food safety regulations difficult to obtain. Another serious concern expressed by food establishments relates to the uniformity of knowledge and training possessed by retail food safety inspectors. This paper examined the variances in regulations and profile characteristics of inspectors in jurisdictions with home rule.
Research Questions
What variances exist in regulations used by home rule jurisdictions in Texas to conduct retail food safety inspections?
What are the profile characteristics of retail food safety inspectors in jurisdictions with home rule?
Methodology
Data was collected from local jurisdictions in Texas regarding the impact of home rule in their communities. The 20-item survey used to collect data was pilot-tested and then modified with the assistance of experts in the field of food safety for validation. The Texas Department of State Health Services (DSHS) and the Association of Food and Drug Officials (AFDO) listserv web-pages were accessed to distribute the online survey electronically to jurisdictions in Texas. During a two-week period, 23 of 147 eligible jurisdictions responded to the online survey. Data collected from the responding jurisdictions was used to compile the findings, make conclusions, and provide recommendations.
Results
Survey results show that all 23 respondents used Texas Food Establishment Rules (TFER) to conduct retail food safety inspections. Of the participating jurisdictions, 33.3% (N=8) indicated that the food safety inspectors also use other regulations in addition to TFER, while 54.2% (N=13) indicated that the respondents use TFER exclusively. Two responses actually indicated the inspectors were unsure if other regulations were used for retail food safety inspections in their communities.
The profile characteristics of retail food safety inspectors regarding education and credential requirements indicated that 82.6% (N=19) required inspectors to have or obtain Texas Registered Sanitarian credentials, which addresses all aspects of environmental health, before or within two years of hire. In order to sit for the Registered Sanitarian test, the candidate must have a Bachelor of Science degree with a minimum of thirty hours of science courses from an accredited institution. Only three jurisdictions required Certified Professional - Food Safety (CP-FS) credentials from the National Environmental Health Association (NEHA). Candidates for CP-FS credentials must pass an exam based on the current FDA Food Code. However, two jurisdictions reported that certifications or credentials for retail food safety inspectors are not required. Additionally, 17.4% (N=4) of the jurisdictions required their inspectors to hold a certification for other areas of environmental health or code enforcement, with two indicating they required their inspectors to have a Certified Food Managers (CFM) certificate (Figure 1). Texas Food Establishment Rules require all food establishments to have a CFM for their facility.
Jurisdictions were asked if inspectors were responsible for duties other than food safety; 91.3% (N=21) responded yes. Other duties were listed as Swimming Pools, Spas 81% (N=17); Vector Control 52.4% (N=11); On-site Sewage Facility (OSSF) 38.1% (N=8); Zoning, Codes 19% (N=4); Tattoo, Body Piercing 9.5% (N=2); and Animal Control 4.8% (N=1) (Figure 2). Additional listed duties included the following: smoking ordinances, liquid waste haulers, grease interceptor inspections, group home, day care, foster care health and safety inspections, environmental complaints associated with sewage, teaching food handler and certified food manager classes, and general sanitation.
When asked about scheduled training for retail food safety inspectors, 30.4% (N=7) responded that their jurisdictions have scheduled training for inspectors, while 69.6% (N=16) did not. Survey results show that most training was in-house, in-service, and covered all areas of environmental health. One respondent stated that training was conducted for continuing education units (CEUs) through online courses and referred to the Food and Drug Administration’s (FDA’s) Office of Regulatory Affairs’ online university, ORAU.
Membership in professional organizations can offer training and education opportunities for those attending the organizations’ conferences. All responding jurisdictions indicated that the survey participants are members of the Texas Environmental Health Association (TEHA). Seven jurisdictions indicated that the survey participants were members of the National Environmental Health Association (NEHA). TEHA offers an Annual Education Conference and each of the six chapters of TEHA offer educational opportunities at the quarterly TEHA chapter meetings. NEHA holds an Annual Education Conference that offers training and has extensive online education opportunities. Additionally, 56.5% (N=13) of the survey respondents reported that the jurisdictions participated in the FDA Voluntary National Food Regulatory Program Standards, with only one jurisdiction reporting having met the Standard 2 requirement for trained regulatory staff.
Conclusion
All jurisdictions participating in the survey indicated that the food safety inspectors use Texas Food Establishment Rules (TFER) to conduct retail food safety inspections. However, 33% (N=8) indicated that the inspectors use additional rules as well, which may be a result of the home rule legislation in Texas. These additional rules were primarily local rules, city codes, regulations, or ordinances that were used in addition to the TFER, which adds to the confusion based on a lack of uniformity for retail food safety inspections.
Responses to questions concerning profile characteristics of retail food safety inspectors indicated that the majority of jurisdictions require that inspectors have Registered Sanitarian (RS) credentials. Inspectors had a wide range of responsibilities beyond food safety with 91.3% (N=21) indicating that food safety was only one segment of their required duties. Additionally, a majority of jurisdictions (69.6%; N=16) that participated indicated that the agencies do not schedule training for the inspectors. Finally, slightly half of the jurisdictions 56.5% (N-13) reported participation in the FDA Voluntary National Food Regulatory Program Standards, but only one jurisdiction responded that Standard 2, Trained Regulatory Staff, had been met.
Recommendations
More study is needed to determine the overall uniformity of retail food safety inspections conducted by home rule jurisdictions in Texas. Ideally, using an established in-state organizational network (such as TEHA) to form a standing committee to review these modifications and other regulations used to perform retail food safety inspections could lead to the development of improved food safety plans. All jurisdictions in Texas should be encouraged to adopt a policy for standardizing retail food safety regulations that is compliant with the United States Food and Drug Administration’s Food Code.
Another recommendation would be to properly hire and train professional staff to achieve specialized competence in areas in which the food safety inspectors are responsible. Jurisdictions may have inspectors that are specialized in various areas of environmental health that may also require additional or new food safety training and certifications. In particular, the National Environmental Health Association (NEHA) Certified Professional - Food Safety (CP-FS) credential should be required of all inspectors who have retail food safety duties.
Membership and active participation in TEHA, NEHA, or AFDO organizations, activities, and programs should also be encouraged by all jurisdictions to keep inspectors current in recent developments in food safety regulations that may impact local jurisdictions’ abilities to limit food borne illnesses in their communities. Additionally, the United States Food and Drug Administration’s Voluntary National Food Regulatory Program Standards should be enacted by all jurisdictions to promote state-wide uniformity of retail food safety inspections despite home rule jurisdiction allowances in the State of Texas.
Acknowledgements
I owe my sincere appreciation to my mentor, James Sevchik, for his knowledge, wisdom, and assistance while in the International Food Protection Training Institute (IFPTI) Fellowship in Food Protection program, and to IFPTI for providing me with the opportunity to participate in this unique program. I would also like to thank Dennis Baker and Scott Krause of the FDA; Ruth Hendy of the Texas Department of State Health Services (DSHS); and Bridget Faulkenberry, City of Lubbock Health Director, for their assistance with this paper.
Corresponding Author:
Stevan Walker, City of Lubbock Environmental Health. Email: swalker@mylubbock.us
References
Blodgett, T. (1994). Home rule charters. Handbook of Texas Online. Retrieved from
http://www.tshaonline.org/handbook/online/articles/mvhek