[1]
Editor’s note–Former section 6.05.037 pertaining to the sale of food from vehicles and deriving from the 1999 Code, sec. 6.207, was repealed and deleted in its entirety by Ordinance 3086 adopted 4/24/2023.
The city designates the director of the Harris County health department as its health authority for the purpose of food establishment surveillance for the public health protection of its residents.
(1999 Code, sec. 6.201)
(a) 
Adoption.
(1) 
Texas Food Establishment Rules, 25 Texas Administrative Code, chapter 229, sections 161-171, 173-175, as presently written or as amended.
(2) 
Rules Regulating Food Establishments in Harris County, Texas, as presently written or as amended.
(3) 
Regulation of Food Service Establishments, V.T.C.A. Health and Safety Code chapter 437, the Food, Drug, and Cosmetic Act, V.T.C.A. Health and Safety Code chapter 431, and Minimum Standards of Sanitation and Health Protection Measures, V.T.C.A. Health and Safety Code chapter 341, as presently written or as amended.
(b) 
Copies on file.
A certified copy of each of the above-referenced sets of rules shall be kept on file in the office of the city secretary.
(1999 Code, sec. 6.202)
All definitions in Rules on Food Service Sanitation, Rules on Retail Food Store Sanitation, and Rules on Food Service Sanitation for Harris County, Texas, are hereby adopted. In addition, the following definitions shall apply to this division:
Health department.
The Harris County health department.
Owner of business.
The owner or operator of the business.
Service of notice.
The delivery of a notice, prepared by the Harris County health department, to the holder of the permit or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit.
(1999 Code, sec. 6.203)
(a) 
Required.
It shall be unlawful for any person to operate a food establishment in the city unless he possesses a current and valid health permit issued by the health department.
(b) 
Posting.
A valid permit shall be posted in public view in a conspicuous place at the food establishment for which it is issued.
(c) 
Transfer.
Permits issued under the provisions of this division are not transferable. Upon change of ownership of a business the new business owner will be required to meet current standards as defined in city ordinances and state law before a permit will be issued.
(d) 
Denial, suspension or revocation.
The Harris County health department may deny, suspend or revoke any permit to operate a food service establishment, retail food store, temporary food establishment, mobile food unit or roadside food vendor if the holder of the permit does not comply with these rules and regulations or if the operation of the establishment otherwise constitutes a substantial hazard to public health. A permit can be suspended only after notice and an opportunity for a hearing as described in subsection (e) have been given. This notice must list specific violations of rules and regulations and a period of time in which violations are to be corrected. Failure to correct violations as listed on the notice will be grounds for denial, suspension or revocation of a permit. If a permit is then denied, suspended or revoked, the holder of the permit has three (3) working days to request a hearing. This request must be in writing and delivered to the Harris County health department. A hearing must be held within seven (7) working days of the request. If no request for hearing is made within the time limits, the denial, suspension or revocation is sustained.
(e) 
Hearings.
The hearings provided for in these rules shall be conducted by the Harris County health department at a time and place designated by it. Based upon the recorded evidence of such hearings, the Harris County health department shall make a final finding, and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the permit, license or certificate by the Harris County health department.
(f) 
Application after revocation.
Whenever a revocation of a permit has become final pursuant to the determination of the director of the Harris County health department, the holder of the revoked permit may make written application for a new permit to the health department.
(g) 
Fees.
A health permit fee as established by the commissioner's court in unincorporated areas of the county is required annually for each food establishment. Fees are due and payable on or before one (1) year from the date of issuance of the permit and are to be paid to the Harris County health department at 2501 Dunstan, Houston, Texas.
(h) 
Exemptions.
The requirement that all persons operating a food establishment shall possess a valid health permit under this division shall not apply to temporary food establishments and persons participating as volunteer food handlers for the benefit of a nonprofit organization or association for periods of fourteen (14) consecutive days or less, nor to persons operating a temporary food establishment and persons participating as volunteer food handlers when such establishments and persons are part of an event sponsored by a nonprofit organization or association and such persons possess a certificate from such nonprofit organization or association identifying the persons and/or establishment as participants. Such certificate shall be valid for the duration of the event not to exceed fourteen (14) days. Such certificate shall be maintained at the location of the temporary food establishment. For purposes of this section, a nonprofit organization or association is an organization or association exempt under Internal Revenue Code section 501(c)(3).
(1999 Code, sec. 6.204)
(a) 
Submission of plans.
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 the health department for review and approval before construction, remodeling or conversion is begun. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans and construction materials of work areas, and the type and model of proposed fixed equipment and facilities. The health department shall approve the plans and specifications if they meet the requirements of these rules. No food establishment shall be constructed, extensively remodeled or converted except in accordance with plans and specifications approved by the health department.
(b) 
Pre-operational inspection.
The health department shall inspect any food establishment prior to its beginning operation to determine compliance with approved plans and specifications and with the requirements of these rules.
(c) 
Exemption.
The requirement of this section shall not apply to temporary food establishments as set out in section 6.05.034(h).
(1999 Code, sec. 6.205)
(a) 
Required.
(1) 
Every permitted food establishment, except establishments dealing only in fresh produce, non-potentially hazardous food, and/or prepackaged potentially hazardous food, shall have a person employed in a managerial capacity possessing a current food manager's certificate issued by the health department. A certified manager or person in charge must be on duty during all hours of operation of any nonexempt food service establishment employing six (6) or more employees per eight (8) hour shift.
(2) 
Upon written application and presentation of evidence of satisfactory completion of a food manager's course, equivalent training or examination as approved by the director of public health, the health department shall issue a food manager's certificate valid for three (3) years from the date of completion of training or evaluation unless sooner revoked. Suspension or revocation of an establishment's health permit by the health department shall constitute cause for revocation of that establishment's manager's certification.
(3) 
Whenever the food service operator holding the certificate terminates employment, is terminated or is transferred to another food establishment, the person owning, operating or managing the food establishment shall be allowed sixty (60) days (from the date of such termination or transfer of the certificate holder) to comply with this division.
(b) 
Exemptions.
Temporary food establishments and persons participating as volunteer food handlers as members of a nonprofit organization or association or under the direction of a nonprofit organization for periods of fourteen (14) days or less are exempted from the requirement for a manager's certificate.
(1999 Code, sec. 6.206)