(a)
Adopted.
The city adopts by reference as though fully
set forth in this section the provisions of the Texas food establishment
rules, as amended, approved by the Texas Department of State Health
Services and found in 25 Texas Administrative Code, chapter 228, to
the extent applicable within the city.
(b)
Authorized agent or employee.
Food establishment.
Person.
Regulatory authority.
State rules.
Definitions.
The employees of the regulatory authority.
A food service establishment, a retail food store, a mobile
food unit, and/or a roadside food vendor.
Any person, agent, firm, corporation, entity or association.
The health department of Grayson County, Texas.
The state rules found at 25 Texas Administrative Code, chapter
228, as amended. These rules are also known as the Texas food establishment
rules.
(Ordinance 2016-02-11-03 adopted 2/11/16)
(a)
A
person may not operate a food establishment without a permit issued
by the regulatory authority. Permits are not transferable from one
person to another or from one location to another location, except
as otherwise permitted by this article. A valid permit must be posted
in or on every food establishment regulated by this article.
(b)
A
food establishment operated solely by a nonprofit organization is
exempt from the permitting requirements of this article, but is not
exempt from compliance with state rules. The regulatory authority
may require any information necessary to determine whether an organization
is nonprofit for purposes of this exemption.
(Ordinance 2016-02-11-03 adopted 2/11/16)
(a)
Any
person desiring to operate a food establishment must make a written
application for a permit on forms provided by the regulatory authority.
The application must contain the name and address of each applicant,
the location and type of the proposed food establishment, and the
applicable fee. The application shall be accompanied by a fee in the
amount established by the regulatory authority. 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, the regulatory authority shall inspect the proposed food establishment
to determine compliance with state rules and other law. A food establishment
that does not comply with state rules and other law will be denied
a permit or the renewal of a permit.
(Ordinance 2016-02-11-03 adopted 2/11/16)
(a)
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 regulatory authority
for review before work is begun. Extensive remodeling means that 20%
or greater of the area of the food establishment is to be 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 the regulatory authority
if they meet the requirements of the state rules and other law. The
approved plans and specifications must be followed in construction,
remodeling or conversion.
(b)
Failure
to follow the approved plans and specifications will result in a permit
denial, suspension, or revocation.
(Ordinance 2016-02-11-03 adopted 2/11/16)
(a)
No
person shall operate a food establishment unless the manager of the
establishment, or if multiple shifts are worked, the manager of each
shift has a valid current food service manager's certificate issued
by the regulatory authority certifying that the bearer has attended
the food sanitation program for managers approved by the regulatory
authority.
(b)
It
shall be unlawful for the owner, operator, or manager of any food
establishment to employ or permit any food handler to work therein
unless such food handler has the permit required by this section.
(Ordinance 2016-02-11-03 adopted 2/11/16)
(a)
The
regulatory authority 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 required by this
section. 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 twenty (20) days of
receipt 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 regulatory authority by the holder of the permit within ten (10)
days. If no written request for hearing is filed within ten (10) days,
the suspension is sustained. The regulatory authority may end the
suspension at any time if reasons for suspension no longer exist.
(Ordinance 2016-02-11-03 adopted 2/11/16)
(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 state 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 ten (10) 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 ten (10) day period.
(b)
If
no request for hearing is filed within the ten (10) day period, the
revocation of the permit becomes final.
(Ordinance 2016-02-11-03 adopted 2/11/16)
(a)
A
notice as required in this article is properly served when it is delivered
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. A copy of the
notice shall be filed in the records of the regulatory authority.
(b)
The
hearings provided for in this article shall be conducted by the regulatory
authority at a time and place designated by it. Based upon the recorded
evidence of such hearing, the regulatory authority shall make final
findings, 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 by the regulatory authority.
(Ordinance 2016-02-11-03 adopted 2/11/16)
(a)
Any
person who violates a provision of this article and any person who
is the permit holder of or, otherwise operates a food service establishment
that does not comply with the requirements of state rules and any
responsible officer of that permit holder or those persons shall be
fined not more than $2,000.00 dollars.
(b)
In
addition to the remedies provided in this Section, the regulatory
authority may seek to enjoin violations of this article.
(Ordinance 2016-02-11-03 adopted 2/11/16)
