This chapter shall be known, and may be cited, as the food establishment ordinance of the city.
(Ordinance 301-89-07-25, passed 7-25-89; Am. Ordinance 733-04-01-13, passed 1-13-04; Ordinance 1127-12-12-11, passed 12-11-12)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Terms not defined herein shall be construed in accordance with customary language.
AUTHORIZED AGENT OR EMPLOYEE.
The designated employees of the regulatory authority.
CITY COUNCIL.
The Pflugerville city council.
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, catering operation, institution, temporary food establishment, mobile food unit, and/or a roadside food vendor.
FOOD HANDLER.
Any person in a food establishment who handles food or drink during preparation or serving; or who comes in contact with any eating or cooking utensils; or who is employed in an area where food or drink is prepared, served, transferred, stored, packed, sold, or otherwise handled.
HEALTH OFFICIAL.
The authorized representative of the city.
NONPROFIT FOOD ESTABLISHMENT.
A food establishment operated by a federal tax exempt charitable organization for fundraising or other events.
REGULATORY AUTHORITY.
The City of Pflugerville.
STATE LAWS.
The state laws found in Chapter 437 of the Texas Health and Safety Code.
STATE RULES.
The state rules found at 25 Texas Administrative Code, chapter 228. These rules are also known as the Texas Food Establishment Rules.
TEMPORARY FOOD ESTABLISHMENT.
A food establishment operating for a temporary period of no less than four (4) hours and no more than fourteen (14) consecutive days in conjunction with a fair, carnival, circus, public exhibition, or other public gathering.
WORKING DAYS.
The days that the regulatory authority is open to conduct business with the public.
(Ordinance 301-89-07-25, passed 7-25-89; Am. Ordinance 369-92-10-27, passed 10-27-92; Ordinance 733-04-01-13, passed 1-13-04; Ordinance 1025-09-10-27, § 1, passed 10-27-09; Ordinance 1127-12-12-11, passed 12-11-12; Ordinance 1250-16-03-22, § 2, passed 3-22-16)
Wherever in this chapter a reference is made to a statute, ordinance, rule, or regulation which has been amended or superseded, the reference shall be deemed to mean the amended or superseding provision to the extent that such is a reasonable application.
(Ordinance 301-89-07-25, passed 7-25-89; Am. Ordinance 733-04-01-13, passed 1-13-04; Ordinance 1127-12-12-11, passed 12-11-12)
(A) 
Except as provided in subsection (B) below, the regulations of this chapter shall apply to all food establishments within the city.
(B) 
The following are exempt from this chapter:
(1) 
Governmental entities, provided that they show proof of a contractual relationship with another approved jurisdiction to provide food inspection services.
(2) 
Temporary food establishments as defined in this chapter.
(Ordinance 301-89-07-25, passed 7-25-89; Am. Ordinance 369-92-10-27, passed 10-27-92; Ordinance 733-04-01-13, passed 1-13-04; Ordinance 1025-09-10-27, § 2, passed 10-27-09; Ordinance 1127-12-12-11, passed 12-11-12)