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.
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)