The city designates the Tarrant County Health Department Director as its health authority for the purpose of ensuring minimum standards of environmental health and sanitation within the scope of that department's function.
(2001 Code, sec. 6.301; Ordinance 2023-20 adopted 12/5/2023)
There are adopted by reference the department of state health services Texas Food Establishment Rules, and the Texas Food, Drug and Cosmetic Act V.T.C.A., Health and Safety Code, chapter 431), the Texas Sanitation and Health Protection Law (V.T.C.A., Health and Safety Code, chapter 341) and the Executive Commission of the Health and Human Services Commission found in 25 Texas Administrative Code, chapter 228, regarding the regulation of food establishments.
(Ordinance adopting Code; Ordinance 2023-20 adopted 12/5/2023)
All definitions in the Texas Food Establishment Rules are adopted. In addition, the following definitions shall be understood:
Child care facility.
A facility keeping more than twelve unrelated children that provides care, training, education, custody or supervision for children under fifteen 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 service it offers. Nonprofit facilities will be required to make application for a permit and meet current requirements, but are exempt from payment of the permit fee.
Food establishment.
All places 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 food or furnished for human consumption. The term does not apply to private homes when food is prepared or served for guest and individual family consumption. The location of commercially packaged single-portion nonpotentially hazardous snack items and wrapped candy sold over the counter is excluded.
Health authority.
The medical director of the Tarrant County Public Health Department.
Health department.
Representatives of the Tarrant County health department.
Ownership of business.
The owner or operator of the business. Each new business owner or operator shall comply with the current code of the city.
Regulatory authority.
The Tarrant County Public Health Department.
Service of notice.
A notice provided for 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.
(2001 Code, sec. 6.303; Ordinance adopting Code; Ordinance 2023-20 adopted 12/5/2023)
Any person who violates a provision of this article, upon conviction in the municipal court of the city, shall be subject to a fine in accordance with the general penalty provision found in section 1.01.009 of this code for each offense, and each and every day such violation continues shall constitute a separate offense.
(2001 Code, sec. 6.319)
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 this article. No food establishment shall be constructed, extensively remodeled or converted except in accordance with plans and specifications approved by the health department.
(2001 Code, sec. 6.316)
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 this article.
(2001 Code, sec. 6.317)
(a) 
Requirements.
(1) 
Establishments handling open foods and/or beverages and having five or more food handlers shall also have at least one certified food manager on duty during all hours of operation;
(2) 
Establishments having fewer than five employees need not have a certified food manager on duty;
(3) 
Establishments that are required to have certified food managers must provide proof of certification to the health department prior to opening the establishment;
(4) 
Existing establishments that are required to have certified food managers shall have sixty days to meet certified food manager requirements upon the transfer or termination of a certified food manager;
(5) 
In the event of a change of ownership of an establishment, the establishment shall provide proof to the health department that the appropriate number of certified food managers will be on duty, if required in subsection (a)(1) of this section, within sixty days of the effective date of the change of ownership;
(6) 
All food handlers must obtain an annual food handler certificate after they have attended the food handler class offered at the Tarrant County Health Department, 1800 University Drive, Fort Worth, Texas. Food handlers must obtain these certificates prior to working at a food establishment; and
(7) 
When required by law, require food establishments to have certified food managers and food handlers.
(b) 
Expiration.
(1) 
Food manager certificates are valid for a period of three years from the date issued unless revoked by the health department prior to the expiration date.
(2) 
Food handler certificates are valid for one year unless revoked by the health department.
(c) 
Exemptions from food manager certification requirement.
(1) 
Temporary food establishments;
(2) 
Establishments with uncut produce or prepackaged food only;
(3) 
Establishments serving only fountain drinks, coffee and/or popcorn;
(4) 
Day-care centers that do not prepare food other than heating/cooling of prepackaged items;
(5) 
Establishments with fewer than five employees;
(6) 
Farmers' markets.
(2001 Code, sec. 6.318; Ordinance 2023-20 adopted 12/5/2023)
It is 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.
(2001 Code, sec. 6.304)
A valid permit shall be posted in public view in a conspicuous place at the food establishment for which it is issued.
(2001 Code, sec. 6.305)
Permits issued under the provisions of this article 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.
(2001 Code, sec. 6.306)
A separate permit shall be required for every food establishment or temporary food establishment with separate and distinct facilities and operations (as determined by the health department), whether situated in the same building or at separate locations. Separate and distinct lounge operations (in a food facility) will require a separate permit from food operations. However, multiple lounges on the same floor in the same building and under the same liquor license will not require a separate permit.
(2001 Code, sec. 6.307)
The health department may suspend any permit to operate a food establishment if the operation of the establishment does not comply with the requirements of this article and state laws and rules, or if the operation of the food establishment otherwise constitutes an imminent health hazard. Before a permit is suspended, the holder of the permit shall be afforded an opportunity for a hearing within ten days of receipt of a written request for a hearing. Suspension is effective after a ten-day notice period is given by the health department in the event a public hearing is not requested. When a permit is suspended, food service operations shall immediately cease.
(2001 Code, sec. 6.308)
Whenever a notice of suspension is given, the holder of the permit or the person in charge shall be notified in writing that an opportunity for a hearing will be provided. If no written request for hearing is filed within ten days, the permit is suspended. The health department may end the suspension any time if reasons for suspension no longer exist.
(2001 Code, sec. 6.309)
The health department may, after providing notice and an opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of this article or for interference with the health department in the performance of its duties. Prior to revocation, the health department 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 days following service of such notice. Unless a written request for a hearing is filed with the health department by the holder of the permit within such ten-day period, the revocation of the permit becomes final.
(2001 Code, sec. 6.310)
A notice provided for in this article is properly served when it is delivered to the holder of the permit, license or certificate, 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, license or certificate. A copy of the notice shall be filed in the records of the regulatory authority.
(2001 Code, sec. 6.311)
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 hearings, the regulatory authority 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 regulatory authority.
(2001 Code, sec. 6.312)
Any permit holder who wishes to dispute the decision of a hearing may appeal the decision to the director of the regulatory authority.
(2001 Code, sec. 6.313; Ordinance 2023-20 adopted 12/5/2023)
(a) 
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 October 1st and are to be paid to the Tarrant County Health Department at 1800 University Drive, Fort Worth, Texas.
(b) 
A health permit fee as established by the commissioner's court in unincorporated areas of the county is required of any food establishment operating less than fourteen days. Fees are due and payable as listed in subsection (a) of this section.
(c) 
A health permit is enforceable within thirty (30) days of approval of the Tarrant County Commissioner's Court.
(d) 
The Tarrant County Public Health Authority shall collect health permit fees from permit applicants.
(2001 Code, sec. 6.315; Ordinance 2023-20 adopted 12/5/2023)