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State law reference—Regulation of food service establishments, retail food stores, mobile food units, and roadside food vendors, V.T.C.A., Health and Safety Code, sec. 437.001 et seq.
The city adopts by reference the provisions of the current rules or rules as amended by the Texas Board of Health found in 25 Texas Administrative Code, Chapter 229, Sections 161 through 171 and 173 through 175 regarding the regulation of food establishment in this jurisdiction.
Authorized agent or employee.
The designated employees of the regulatory authority.
Food establishments.
An operation that stores, prepares, packages, serves, or otherwise provides food for human consumption such as a: food service establishment, retail food store, catering operation, institution, temporary food establishment, mobile food establishment, and/or roadside food vendor.
Food handler.
Any person in a food establishment who handles food or drink during preparation or serving, or who comes in contact with any eating or cooking utensils, or who is employed in an area in which food or drink is prepared, served, transferred, stored, packed, sold, or otherwise handled.
Health official.
The authorized representative of the Williamson County and Cities Health District (WCCHD).
State laws and rules.
The state laws found in Chapter 437 of the Texas Health and Safety Code and the state rules found at 25 Texas Administrative Code Chapter 229, Sections 161 through 171 and Sections 173 through 175.
Regulatory authority.
The WCCHD.
Working days.
The days that WCCHD is open to conduct business with the public.
(Ordinance CO23-03-07-10.9.A. adopted 7/10/03; Ordinance CO03-14-11-20-C1 adopted 11/20/14)
A person may not operate a food establishment without a permit issued by the WCCHD. Permits are not transferable from one person to another or from one location to another location, except as otherwise permitted by this article. All permits expire on December 31 each year. A valid permit must be posted in or on every food establishment regulated by this article.
(Ordinance CO23-03-07-10.9.A. adopted 7/10/03)
(a) 
Any person desiring to operate a food establishment must make a written application for a permit on forms provided by WCCHD. The application must contain the name and address of each applicant, the location and type of the proposed food establishment and the applicable fee. An incomplete application will not be accepted. Failure to provide all required information, or falsifying information required may result in denial or revocation of the permit. Renewals of permits are required on an annual basis and the same information is required for a renewal permit as for an initial permit.
(b) 
Prior to the approval of an initial permit or the renewal of an existing permit, WCCHD shall inspect the proposed food establishment to determine compliance with state laws and rules. A food establishment that does not comply with state laws and rules may be denied a permit or the renewal of a permit.
(c) 
The fee schedule can be found in the appendix of this code.
(Ordinance CO23-03-07-10.9.A. adopted 7/10/03)
Whenever a food establishment is constructed or extensively remodeled and whenever an existing structure is converted to use as a food establishment, properly prepared plans and specifications for such construction, remodeling or conversion shall be submitted to WCCHD for review before work is begun. Extensive remodeling means that twenty (20) percent or greater of the area of the food establishment is remodeled. The plans and specifications shall indicate the proposed layout, equipment arrangement, mechanical plans and construction of materials of work areas, and the type and model of proposed fixed equipment and facilities. The plans and specifications will be approved by WCCHD if they meet the requirements of the rules adopted by this article. The approved plans and specifications must be followed in construction, remodeling or conversion.
(Ordinance CO23-03-07-10.9.A. adopted 7/10/03)
It shall hereafter be unlawful for any person operating any food establishment, to work or employ a food handler until such food handler has received a food handler’s registration certificate from the WCCHD that is valid during the time of such employment.
(1) 
Issuance of registration certificates and payment of fees.
WCCHD shall issue food handler’s registration certificates to food handlers who attend a food handler’s class throughout the county, or who satisfactorily pass a test from a “trainer” that became certified through this office.
(2) 
Education and examination of applicant.
No food handler’s registration card shall be issued by WCCHD to any person required by law or by this article to have or exhibit such certificate until the applicant shall have met the following requirements:
(A) 
Complete a class in basic food sanitation.
The schedule, time and location of class sites will be announced by the director, environmental division, WCCHD. The primary emphasis of this orientation will be directed toward the food workers’ sanitation practices and behavior when working in a food establishment. It will be the responsibility of the person in charge of the food establishment to ensure that safe food practices are in use at all times.
(B) 
Complete a “Train the Trainer” class.
Food establishments who wish to train their own food handlers may do so after meeting the following conditions:
(i) 
A food establishment employee must complete a two (2) hour “train the trainer” class. They may then train their own employees on site and administer the test supplied by WCCHD to their employees; or
(ii) 
A food establishment employee who is certified to teach the Texas state certified food protection management class must submit an outline of the class they will be teaching and a copy of the test to be given to the employees after the class is completed at their site.
(C) 
WCCHD reserves the right to suspend this option as a method for obtaining food handler cards.
(3) 
Display of food handler cards.
Upon completion of the prescribed orientation and the necessary administrative processing, each individual will be issued a food handler card that will be posted at the place of employment in a location readily accessible to the health official for verification.
(4) 
Managers and supervisory personnel.
Managers, assistant managers, and shift supervisors who have completed the Texas state certified food protection managers course will not be required to obtain a food handler’s card from WCCHD, but most post their certification from the state with the employee’s card.
(5) 
Issuance and effective period of food handler’s cards.
After the above has been accomplished, the applicant shall thereupon be issued a food handler’s registration certificate by WCCHD, which shall be valid for the time period stipulated on the certificate.
(Ordinance CO23-03-07-10.9.A. adopted 7/10/03)
(a) 
WCCHD may, without warning, notice, or hearing suspend any permit to operate a food establishment if the operation of the food establishment constitutes an imminent hazard to public health. Suspension is effective upon service of the notice in writing to the person in charge. When a permit is suspended, food operations shall immediately cease. Whenever a permit is suspended, the holder of the permit shall be afforded an opportunity for a hearing within five (5) working days of a request for a hearing.
(b) 
Whenever a permit is suspended, the holder of the permit or the person in charge shall be notified in writing that the permit is, upon service of the notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the hearing officer by the holder of the permit within five (5) working days. If no written request for hearing is filed within five (5) days, the suspension is sustained. WCCHD may end the suspension at any time if reasons for suspension no longer exist.
(Ordinance CO23-03-07-10.9.A. adopted 7/10/03)
(a) 
The regulatory authority may, after providing opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of these rules or for interference with the regulatory authority in the performance of its duties. Prior to revocation, the regulatory authority shall notify the holder of the permit or the person in charge, in writing, of the reason for which the permit is subject to revocation and that the permit shall be revoked at the end of the five (5) working days following service of such notice unless a written request for a hearing is filed with the regulatory authority by the holder of the permit within such five (5) day period.
(b) 
If no request for hearing is filed within the five-day period, the revocation of the permit becomes final.
(Ordinance CO23-03-07-10.9.A. adopted 7/10/03)
(a) 
Food establishments shall be inspected a determined number of times during the calendar year according to risk factors set by the TDH. High-risk establishments, that prepare and serve potentially hazardous food and/or serve a highly susceptible population, shall be inspected a minimum of four (4) times a calendar year. Establishments that serve only prepackaged, non-potentially hazardous foods shall be inspected a minimum of two (2) times a calendar year.
(b) 
Additional inspections of food establishments shall be performed as deemed necessary to protect against public health hazards or nuisances. Additional fees are charged to the establishment for these visits. Visits associated with unsubstantiated complaints received by this office will not require an additional fee.
(c) 
Following are guidelines for enforcement of these rules in an establishment that earns more than thirty (30) demerits on multiple inspections during a twelve (12) month period:
(1) 
First failure.
“UNSATISFACTORY” placard shall be posted on front door or window and shall not be covered from sight, defiled, or removed until an inspection is performed earning thirty (30) or fewer demerits. The follow-up inspection will occur within two (2) working days of the failed inspection.
(2) 
Second failure within twelve (12) months of first failure.
“UNSATISFACTORY” placard shall remain/be posted on front door or window and shall not be covered from sight, defiled, or removed until an inspection is performed earning thirty (30) or fewer demerits. The permit shall be suspended and the operations of the establishment shall cease immediately. The establishment shall remain closed for a minimum of forty-eight (48) hours and fulfill the following requirements before reopening:
(A) 
The management of the establishment must meet with and submit a written plan of action to the director of the environmental division or his appointee. The plan of action shall address critical violations of the previously failed inspections.
(B) 
A reinstatement fee as set forth in the fee schedule, Appendix A, will be paid to the WCCHD Environmental Division located at 303 Main, Georgetown, TX 78626.
(C) 
A follow-up inspection will be conducted within one working day of fulfillment of the requirements listed under (A) and (B).
(D) 
The establishment shall be placed on a thirty (30) day inspection schedule until two (2) consecutive inspections result in a score of thirty (30) or fewer demerits.
(E) 
Third failure within twelve (12) months of first failure.
“UNSATISFACTORY” placard shall remain/be posted on front door or window and shall not be covered from sight, defiled or removed. The person in charge shall be notified in writing of the intent of WCCHD to permanently revoke their permit.
(Ordinance CO23-03-07-10.9.A. adopted 7/10/03)
In addition to any other penalties herein before provided and unless another penalty is in this article provided, whoever shall do any act or thing required by the terms of this article, or in anywise violate the provisions thereof, shall be fined in accordance with the general penalty provision set forth in section 1.01.009 of this code. It shall not be necessary for the complaint to allege or to prove that the act or omission was knowingly done or omitted.
(Ordinance CO23-03-07-10.9.A. adopted 7/10/03)