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.
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.
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rule, or regulation which has been amended or superseded, the reference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)