The city adopts by reference the provisions of the rules by
the department of state health services found in 25 Texas Administrative
Code, chapter 229, sections 161 through 171 and 173 through 175, regarding
the regulation of food establishments in this jurisdiction, as such
rules currently exist and are amended from time to time.
(2002 Code, sec. 4.201)
Certified farmers market.
A farmers market that has been certified by the Texas Department
of Agriculture pursuant to Subchapter D of Title 4 of the Texas Administrative
Code.
Certified food handler.
Documentation held by a food handler that demonstrates successful
completion of an approved food handler training course. A food handler
training course must be completed every two years.
City health authority or health authority.
The health department for the city or if the city does not
have a health department then the third party entity that the city
contracts with for health inspections and permitting services.
Food establishment.
A food service establishment, a retail food store, a temporary
food establishment, a farmers market, a mobile food unit, and/or a
roadside food vendor.
Sampling.
The demonstration or promotion of a food via offering a small
serving of the food which cannot be sold and which may not consist
of a whole meal, an individual portion or a whole sandwich.
State rules.
The state rules found at 25 Texas Administrative Code, chapter
229, sections 161 through 171 and sections 173 through 175. These
rules are also known as the Texas Food Establishment Rules.
(Ordinance 180 adopted 11/26/13)
The city council may authorize its attorney to initiate appropriate actions in a court of competent jurisdiction to enforce the provisions of this article or to enjoin such violations which occur within the city or any area subject to all or part of the provisions in this article. Any person in violation of any provision of this article shall be fined in accordance with the general penalty provision found in section
1.01.009 of this code. Each day of violation under this article shall be a separate violation. Prosecution or conviction under this provision shall not be a bar to any other remedy or relief for violations of this article.
(2002 Code, sec. 4.209)