The following words, terms and phrases, when used in this article, shall have the meanings as ascribed to them in this section, except where the context clearly indicates a different meaning:
Adulterated food:A food containing any poisonous or deleterious substance as specified in the Texas Health and Safety Code, Chapter
431, § 431.081.
Approved:Acceptable to the regulatory authority based on a determination of conformity with principles, practices, and generally recognized standards that protect public health.
Beverage:A liquid for drinking, including water.
Building official:Is the officer or other designated authority charged with the administration and enforcement of this Code, or the building official’s duly authorized representative.
Consumer:A person who is a member of the public, purchases and takes possession of food, is not functioning in the capacity of an operator of a food establishment or food processing plant, and does not offer the food for resale.
Easily cleanable:A characteristic of a surface that allows effective removal of soil by normal cleaning methods; is dependent on the material, design, construction, and installation of the surface; and varies with the likelihood of the surface’s role in introducing pathogenic or toxigenic agents or other contaminants into food based on the surface’s approved placement, purpose, and use.
Employee:Any person manufacturing, packaging, producing, processing, storing, selling, offering for sale, vending, preparing, serving, or handling any food in a food establishment.
Food:A raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum.
Food establishment:An operation that stores, prepares, packages, serves, or otherwise provides food for human consumption such as: a food service establishment; retail food store; satellite or catered feeding location; catering operation, if the operation provides food directly to a consumer or to a conveyance used to transport people; market; remote catered operations; conveyance used to transport people; institution; or food bank; and that relinquishes possession of food to a consumer directly, or indirectly through a delivery service such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers.
Food handler:Any person who prepares, serves, packages or handles open food or drink, or who handles clean utensils, pots, pans, or single-service items.
Mobile food establishment:A self-contained, licensed, motorized vehicle, or trailer designed to be towed, which is temporarily stored or parked on a privately owned lot or on public property, with the written permission of the owner of such property or business owner if located within five hundred (500) feet of a permanent business, where food and/or beverage items are prepared, cooked, processed, or portioned for sale, and are sold, to the general public.
Nonprofit facility:(1) All government entities and political subdivisions and public school districts.
(2) Organizations chartered under the Texas non-profit corporation act.
(3) Operations exempted by Internal Revenue Code Section
501C.
Packaged:Bottled, canned, cartoned, securely bagged, or securely wrapped, whether packaged in a food establishment or a food processing plant. The term does not include a wrapper, carryout box, or other non-durable container used to containerize food with the purpose of facilitating food protection during service and receipt of the food by the consumer.
Permit:The document issued by the regulatory authority that authorizes a person to operate a food establishment.
Permit holder:The entity that is legally responsible for the operation of the food establishment such as the owner, the owner’s agent, or other person; and who possesses a valid permit to operate a food establishment.
Person in charge:The individual present at a food establishment who is responsible for the operation at the time of inspection.
Temporary food establishment:A food establishment that operates for a period of no more than three consecutive days in conjunction with a single event or celebration no more than twice a year.
Vending machine:A self-service device that, upon insertion of a coin, paper currency, token, card, or key, dispenses unit servings of food in bulk or in packages without the necessity of replenishing the device between each vending operation.
(Ordinance 1524, 3-26-02; Ordinance 2410, 11/26/2024)