The city designates the director of the county public health and environmental services as its health authority for the purpose of food establishment surveillance for the public health protection of its residents.
(1991 Code, sec. 13-1; Ordinance 96-494, sec. 1, adopted 1/24/96; Ordinance 01-562, sec. I, adopted 12/14/00; 2007 Code, sec. 20-1)
(a) 
There are hereby adopted by reference:
(1) 
The department of state health services, division of food and drugs, Texas Food Establishment Rules, 25 Texas Administrative Code, chapter 229, sections 161–171, 173–175;
(2) 
Regulation of Food Service Establishments, V.T.C.A., Health and Safety Code chapter 437;
(3) 
The Food, Drug, and Cosmetic Act, V.T.C.A., Health and Safety Code chapter 431;
(4) 
Minimum Standards of Sanitation and Health Protection Measures, V.T.C.A., Health and Safety Code chapter 341; and
(5) 
Rules Regulating Food Establishments in Harris County, Texas.
(b) 
A certified copy of each of the above-referenced sets of rules shall be kept on file in the office of the city manager or designee.
(1991 Code, sec. 13-2; Ordinance 96-494, sec. 2, adopted 1/24/96; Ordinance 01-562, sec. II, adopted 12/14/00; 2007 Code, sec. 20-2; Ordinance adopting 2022 Code)
All definitions in the Texas Food Establishment Rules and Rules Regulating Food Establishments in Harris County, Texas are hereby adopted. In addition, the following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Child care facility
means a facility keeping more than 12 unrelated children that provides care, training, education, custody or supervision for children under 15 years of age, who are not related by blood, marriage or adoption to the owner or operator of the facility, for all or part of the day, whether or not the facility is operated for profit or charges for the services it offers.
Food establishment
means each place where food or drink is manufactured, packaged, produced, processed, transported, stored, sold, commercially prepared or otherwise handled, whether offered for sale, given in exchange or given away for use as good or furnished for human consumption. The term does not apply to private homes where food is prepared or served for guest and individual family consumption. The term does not apply to a place where commercially packaged single portions of nonpotentially hazardous snack items and wrapped candy are sold over the counter.
Health department
means the county public health and environmental services.
Owner of business
means the owner or operator of the business.
Regulatory authority
means representatives of the county public health and environmental services.
Service of notice
means the delivery of a notice, prepared by the county public health and environmental services, 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.
(1991 Code, sec. 13-3; Ordinance 96-494, sec. 3, adopted 1/24/96; Ordinance 01-562, sec. III, adopted 12/14/00; 2007 Code, sec. 20-3)
(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) 
Permits nontransferable; change of ownership of business.
Permits issued under the provisions of this article are nontransferable. 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 county public health and environmental services 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) of this section 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 permit. If a permit is then denied, suspended or revoked, the holder of the permit has three working days to request a hearing. This request must be in writing and delivered to the county health department. A hearing must be held within seven 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 county health department at a time and placed designated by it. Based upon the recorded evidence of such hearings, the health department shall make a final finding, and shall sustain, modify and 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 health department.
(f) 
Application after revocation.
Whenever a revocation of a permit has become final pursuant to the determination of the director of the health department, the holder of the revoked permit may make written application for a new permit to the health department.
(g) 
Fee.
A health permit fee, as established by the commissioners court in unincorporated areas of the county, is required annually for each food establishment. Fees are due and payable on or before one year from the date of issuance of the permit and are to be paid to the county public health and environmental services at 2223 West Loop South, Houston, Texas, 77027.
(h) 
Exemptions.
The requirement that all persons operating a food establishment shall possess a valid health permit under this section 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 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 establishments as participants. Such certificate shall be valid for the duration of the event not to exceed 14 days. Such certificate shall be maintained at the location of the temporary food establishment. For purposes of this subsection a nonprofit organization or association is an organization or association exempt under Internal Revenue Code section 501(c)(3).
(1991 Code, sec. 13-4; Ordinance 96-494, sec. 4, adopted 1/24/96; Ordinance 01-562, secs. IV, V, adopted 12/14/00; 2007 Code, sec. 20-4)
(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 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.
(1991 Code, sec. 13-5; Ordinance 96-494, sec. 5, adopted 1/24/96; 2007 Code, sec. 20-5)
(a) 
Required.
Every permitted food establishment, except establishments dealing only in fresh produce, nonpotentially 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 or more employees per eight-hour shift. 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 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. 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 60 days (from the date of such termination or transfer of the certificate holder) to comply with this section.
(b) 
Exemptions.
Temporary food establishments and persons participating as volunteer food handlers performing charitable activities for period of 14 days or less may be exempted from the requirement for a manager’s certificate.
(c) 
Authority of health inspector.
The city hereby gives to the health authority or his designee the authority to issue citations, to give notice, to make inspection and to file charges arising out of violations of this section.
(1991 Code, sec. 13-6; Ordinance 96-494, sec. 6, adopted 1/24/96; Ordinance 96-501, sec. 1, adopted 8/8/96; 2007 Code, sec. 20-6)
(a) 
Pre-operational inspection.
The health department shall inspect any food establishment prior to its beginning operations to determine compliance with approved plans and specifications and with the requirements of this article and the rules adopted herein.
(b) 
Routine inspections.
The health department may inspect a food establishment as often as is necessary for the enforcement of the terms and provisions of this article and the rules adopted herein.
(c) 
Access.
Agents of the health department shall be permitted to enter any food establishment at any reasonable time for the purpose of making inspections to determine compliance with this article and the rules herein adopted. The agents shall be permitted to examine the records of the establishment to obtain information pertaining to food and supplies purchased, received or used, or to persons employed.
(d) 
Examination of food.
Food may be examined or sampled by the health official as often as necessary for enforcement of the terms and provisions of this article and the rules herein adopted.
(1991 Code, sec. 13-7; Ordinance 96-494, sec. 7, adopted 1/24/96; 2007 Code, sec. 20-7)
(a) 
Imminent health hazards.
If the health department, during any inspection, finds that an imminent health hazard exists in a food establishment, the establishment shall immediately cease food service operations.
(b) 
Lesser violations.
The inspection report form shall specify a reasonable period of time for the correction of violations which do not constitute an imminent health hazard, and correction of the violations shall be accomplished within the specified periods. The inspection report shall state that failure to comply with any time limits for corrections may result in cessation of food service operations.
(c) 
Resumption of operations.
Whenever a food establishment is required under the provisions of this article and the rules herein adopted to cease operations, operations shall not be resumed until the violation has been corrected and resumption of operations is authorized by the health department after reinspection.
(d) 
Condemnation of food.
The health official may, upon written notice to the owner or person in charge, specifying with particularity the reasons therefor, place a hold order on any food which he believes is in violation of any provision of this article or the rules herein adopted. The health official shall tag, label or otherwise identify any food subject to the hold order. No food subject to a hold order shall be used, serviced or moved from the establishment. The health official shall permit storage of the food under conditions specified in the hold order, unless storage is not possible without risk to the public health, in which case immediate destruction shall be ordered and accomplished. If no hearing is requested within the time period provided in this section, the food shall be destroyed. If a hearing is requested on the basis of evidence produced at that hearing, the hold order may be vacated, or the owner or person in charge of the food may be directed by written order to denature or destroy such food or to bring it into compliance with the provisions of this article and the rules herein adopted.
(1991 Code, sec. 13-8; Ordinance 96-494, sec. 8, adopted 1/24/96; 2007 Code, sec. 20-8)
(a) 
In accordance with this article, the city currently utilizes the county to conduct inspections and administer permits concerning food service establishments, retail food stores, mobile food units, and roadside food vendors, and has adopted the county’s regulations with respect thereto.
(b) 
In furtherance thereof, it is the desire of the city council to specifically adopt and establish this section to require that food establishment vendors obtain an annual farmers’ market vendor’s permit (known as a “Food Establishment E” by the county) from the city and obey the laws, rules and regulations related to this section.
(c) 
A farmers’ market vendor’s permit (food establishment category E) is required when (i) yard eggs or any pre-packed foods that are required to be under temperature control are sold or distributed at a farmers’ market, and (ii) the market is located in the city, whose food establishments are inspected and permitted by the county. In addition, the food establishment must be located at a site which has been identified for use by farmers and producers primarily for the distribution and sale of (i) raw and custom shelled agricultural products, and (ii) products made by farmers and producers from their agricultural products directly to consumers. At any given time, a farmers’ market vendor’s permit may apply to only one booth regardless of location. Copies of the farmers’ market vendor’s permit will not be considered valid. Food preparation or processing is not allowed at the market. This includes sampling of food unless the samples are provided in pre-packaged containers and meet state manufacturer’s license requirements. A valid and current manufacturer’s license, when required, must be provided upon request. A valid and current farmers’ market vendor’s permit must be posted in or on every food establishment in a conspicuous place. A farmers’ market vendor’s permit is not needed for produce that is present in its natural state (i.e., no cutting, peeling, or slicing), and is not needed for pre-packaged foods that do not require temperature control and are prepared at a location permitted by a regulatory authority. However, pre-packaged foods must be properly labeled and meet state manufacturer’s license requirements. Once a farmers’ market vendor’s permit is obtained, it will be valid for one year, and it is the vendor’s responsibility to renew or obtain a new permit from Harris County Public Health and Environmental Services (HCPHES). The permit shall be valid only at farmers’ markets as defined by the county.
(d) 
With reference to the foregoing matter, it is the intention of the city and its city council to comply with all applicable provisions of the laws of the state and of the charter of the city.
(Ordinance 11-694, secs. 1–4, adopted 1/27/11; 2007 Code, sec. 20-9)