This article may be referred to and cited as the “food
safety ordinance” of the village.
(Ordinance 03-20-90-01 adopted 3/20/90)
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:
The condition of a food:
If it bears or contains any poisonous or deleterious substance
which may render it injurious to health; but in case the substance
is not an added substance such food shall not be considered adulterated
under this clause if the quantity of such substance in such food does
not ordinarily render it injurious to health;
If it bears or contains any added poisonous or added deleterious
substance (except a pesticide chemical in or on a raw agricultural
commodity and except a food additive) which is unsafe within the meaning
of section 431.161 of the Health and Safety Code of the state;
If it is a raw agricultural commodity and it bears or contains
a pesticide chemical which is unsafe within the meaning of section
431.161 of the Health and Safety Code of the state;
If it is, or it bears or contains, any food additive which is
unsafe within the meaning of section 431.161 of the Health and Safety
Code of the state; provided that, where a pesticide chemical has been
used in or on a raw agricultural commodity in conformity with an exemption
granted or a tolerance prescribed under section 431.161 of the Health
and Safety Code of the state and such raw agricultural commodity has
been subject to processing such as canning, cooking, freezing, dehydrating,
or milling, the residue of such pesticide chemical remaining in or
on such processed food shall, notwithstanding the provisions of said
section 431.161 and this subsection, not be deemed unsafe if such
residue in or on the raw agricultural commodity has been removed to
the extent possible in good manufacturing practice, and the concentration
of such residue in the processed food, when ready to eat, is not greater
than the tolerance prescribed for the raw agricultural commodity;
If it consists in whole or in part of any diseased, contaminated,
filthy, putrid, or decomposed substance or if it is otherwise unfit
for food;
If it has been produced, prepared, packed or held under unsanitary
conditions whereby it may have become contaminated, or whereby it
may have been rendered injurious to health;
If it is the product of a diseased animal or an animal which
has died otherwise than by slaughter, or that has been fed the uncooked
offal from a slaughterhouse;
If its container is composed, in whole or in part, of any poisonous
or deleterious substance which may render the contents injurious to
health; or
If it is otherwise in violation of section 431.081 of the Health
and Safety Code of the state.
Acceptable to the health officer based on his determination
as to conformance with appropriate standards and good public health
practice.
A food service establishment where food is prepared for delivery
to a customer, and from which this food is transported on order to
the customer at a separate location where it is meant to be served
and consumed.
A mobile food vendor who is not the operator of a food service
establishment but who transports food prepared in a food service establishment
to a customer at a separate location where it is meant to be served
and consumed.
The physical and food service facilities of child day-care
centers that are registered or licensed for operation by the state
to care for twelve (12) or more children.
The physical and food service facilities of child day-care
centers that are registered or licensed for operation by the state
to care for fewer than twelve (12) children.
Without openings large enough for the entrance of insects
or other vermin.
A catering establishment, restaurant, or any other place
in which food, containers, or supplies are kept, handled, prepared,
packaged or stored.
Those materials that maintain their original surface characteristics
under prolonged influence of the food to be contacted, the normal
use of cleaning compounds and bactericidal solutions, and other conditions
of the use environment.
Means that surfaces are readily accessible and made of such
materials and finish and so fabricated that residue may be effectively
removed by normal cleaning methods.
Individuals having supervisory or management duties, persons
on the payroll, family members, volunteers, persons performing work
under contractual agreement or any other person working in a food
establishment.
Stoves, ovens, ranges, hoods, slicers, mixers, meat blocks,
tables, counters, refrigerators, sinks, dishwashing machines, steam
tables, and similar items, other than utensils, used in the operation
of a food establishment.
Any raw, cooked, or processed edible substance, ice, beverage,
or ingredient used or intended for use or for sale, in whole or in
part, for human consumption.
Those surfaces of equipment and utensils with which food
normally comes in contact, and those surfaces upon which food may
drain, drip, or splash back onto surfaces normally in contact with
food.
A food service establishment, a retail food store, or a food
products establishment.
A food establishment in which food is processed, packaged,
stored prior to distribution to other food establishments, or otherwise
held for human consumption. The term does not include food service
establishments, retail food stores, or the locations of food vending
machines.
Any place where food is prepared and intended for individual
portion service, and includes the site at which individual portions
are provided. The term includes any such place, regardless of whether
consumption is on or off the premises and regardless of whether there
is a charge for the food. The term also includes delicatessen-type
operations that prepare sandwiches intended for individual portion
service and food supply operations of large child-care centers. The
term does not include private homes where food is prepared or served
for individual family consumption, retail food stores, food products
establishments, the locations of food vending machines and supply
vehicles.
Any person who, by contract, agreement, or ownership, takes
responsibility for furnishing, installing, servicing, operating, or
maintaining one or more food vending machines.
The health officer of the village or his authorized representative.
A container designed and intended to be secure against the
entry of microorganisms and to maintain the commercial sterility of
its contents after processing.
All multiuse utensils other than tableware.
Includes federal, state, and local statutes, ordinances,
and regulations.
A device designed to heat, cook, or dry food through the
application of electromagnetic energy at frequencies assigned by the
Federal Communications Commission in the normal ISM heating bands
ranging from eight hundred ninety (890) megahertz to six thousand
(6,000) megahertz. The term applies only to those microwave ovens
manufactured for use in homes, food establishments, food vending areas
or intrastate or interstate carriers and similar facilities.
The presence of any written, printed, or graphic matter upon
or accompanying food or containers of food, including signs or placards
displayed in relation to such products, which is false or misleading
or which violates any applicable federal, state, or local labeling
requirement.
A pushcart, wagon, trailer or any other wheeled vehicle or
device which may be moved and from which a person may sell, or offer
for sale, food or beverages. The term does not include units used
to make deliveries of food from a food establishment to another food
establishment nor does it include units catering food or directly
delivering from a food service establishment.
Bottled, canned, cartoned, or securely wrapped.
Any individual, firm, association, organization, partnership,
business, trust, corporation or company or their agents or representatives.
The individual present in a food establishment or operating
a mobile food unit who is the apparent supervisor of the food establishment
or operation at the time of inspection. If no individual is the apparent
supervisor, then any employee present is the person in charge.
Any food or food ingredient, natural or synthetic, in a form
capable of supporting (1) the rapid and progressive growth of infectious
or toxicogenic microorganisms or (2) the slower growth of C. botulinum.
The term does include food that is of animal origin and is raw or
has been heat treated or food that is of plant origin and has been
heat treated or is raw seed sprouts. The term does not include clean,
whole, untracked, odor-free shell eggs or foods which have a pH level
of 4.6 or less or a water activity (Aw) value of 0.85 or less. The
term does not include foods which have been adequately commercially
processed and remain in their unopened hermetically sealed container
or foods for which laboratory evidence (acceptable to the regulatory
authority) demonstrates that rapid and progressive growth of infectious
and toxicogenic microorganisms cannot occur.
Fresh fruit and vegetables.
A mobile food vending unit which can be easily pushed or
pulled by one person.
Food products produced by recombining dehydrated food products
with water or other liquids.
The state and/or local enforcement authority or authorities
having jurisdiction over the food establishment, or those determined
by the department of state health services as having jurisdiction.
The term includes the health officer of the village or his authorized
representative.
An establishment or section of an establishment where food
and food products are offered for sale or without charge to the ultimate
consumer and are intended for off-premises consumption. The term includes
delicatessens that offer prepared food in bulk quantities only. The
term shall not include establishments which handle only prepackaged,
nonpotentially hazardous foods, roadside markets that offer only fresh
fruits and fresh vegetables for sale, food service establishments,
farmers' markets, the locations of food vending machines, or food
products establishments.
Articles manufactured from or composed of materials that
may not reasonably be expected to result, directly or indirectly,
in their becoming a component or otherwise affecting the characteristics
of any food. If such materials are food additives or color additives,
as defined in section 201(s) or (t) of the Federal Food, Drug, and
Cosmetic Act, as used, they are “safe” only if they are
used in conformity with regulations established pursuant to section
409 or section 706 of the act. Other materials are “safe”
only if, as used, they are not food additives or color additives as
defined in section 201(s) or (t) of the Federal Food, Drug, and Cosmetic
Act.
Effective bactericidal treatment as defined in the Procedures
for Bacteriological Examination of Food Utensils and/or Food Equipment
Surfaces, Technical Information Bulletin No. 1, 1967, Public Health
Services Publication No. 1631, a process that provides enough accumulative
heat or concentration of chemicals for enough time to reduce the bacterial
count, including pathogens, to a safe level on cleaned food-contact
surfaces of utensils and equipment. Such treatment shall not adversely
affect the product and shall be safe for the consumer.
Free of cracks or other openings that permit the entry or
passage of moisture.
Cups, containers, lids, closures, plates, knives, forks,
spoons, stirrers, paddles, straws, napkins, wrapping materials, toothpicks
and similar articles intended for one-time, one-person use and that
following such use are discarded.
All multiuse eating and drinking utensils, including flatware
(knives, forks, and spoons).
A food establishment that operates at a fixed location for
a period of time of not more than fourteen (14) consecutive days in
conjunction with a single organized event or celebration.
Movement of food within the food establishment or delivery
of food from that establishment to another place while under the control
of the person in charge of the establishment.
Any implement used in the storage, preparation, transportation,
or service of food.
Any self-service device which, upon insertion of a coin,
paper currency, token, card, or key, dispenses unit servings of food,
either in bulk or in packages, without the necessity of replenishing
the device between each vending operation. It shall also include self-service
dispensers equipped for coin, paper currency, token, card or key operation
and optional manual operation. Unless otherwise stated, “vending
machine” includes controlled location vending machines.
The cleaning and sanitizing of food-contact surfaces of all
equipment and utensils.
(Ordinance 03-20-90-01, sec. 1,
adopted 3/20/90)
(a)
Any
person (or responsible authority of that person) who violates a provision
of this article and any person (or responsible authority of that person)
who is the holder of a permit or who otherwise operates a food establishment
that does not comply with the requirements of this article shall be
guilty of a misdemeanor.
(b)
The
culpable mental state required for a criminal violation of this article
is criminal negligence. A person acts with criminal negligence, or
is criminally negligent, with respect to circumstances surrounding
his conduct or the result of his conduct when he ought to be aware
of a substantial and unjustifiable risk that the circumstances exist
or the result will occur. The risk must be of such a nature and degree
that the failure to perceive it constitutes a gross deviation from
the standard of care that an ordinary person would exercise under
all the circumstances as viewed from the actor's standpoint.
(c)
Any
person who shall impede the conduct of an inspection authorized to
be conducted by the health officer under this article or under section
431.042 of chapter 431 of the Health and Safety Code of the state
(the Food, Drug and Cosmetic Act), as amended, shall commit a violation
of this article.
(d)
The violation of any provision of this article shall be punishable by a fine as provided in section 1.01.009 of this code. Each day that a violation of this article shall continue shall constitute a separate offense.
(e)
The
health officer may seek to enjoin violations of this article.
(Ordinance 03-20-90-01, sec. 12,
adopted 3/20/90)
It shall be unlawful for any person to manufacture or supply
with or without charge, to possess with intent to supply, to offer
or expose for supply, to sell, or to supply with or without charge
any food which is adulterated or misbranded. All food shall be prepared,
packaged, transported and supplied in compliance with the provisions
of chapter 431 of the Health and Safety Code of the state (Texas Food,
Drug and Cosmetic Act).
(Ordinance 03-20-90-01, sec. 2,
adopted 3/20/90)
(a)
Food
supplied under the provisions of this article may be examined or sampled
by the health officer as often as necessary for enforcement of any
applicable federal, state or local law. The health officer may, upon
written notice to the owner or person in charge of any food establishment
or operation, place a hold order on any food which he determines or
has probable cause to believe is in violation of federal, state or
local law. The health officer shall tag, label, or otherwise identify
any food subject to the hold order. No food subject to a hold order
shall be used, served, sold, or moved from the establishment. The
health officer shall permit storage of the food under conditions specified
in the hold order. The hold order shall specify with particularity
the reasons therefor, and shall state that a request for hearing may
be filed within ten (10) days, and that if no hearing is requested
the food shall be destroyed. A hearing shall be held if so requested,
and, 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 applicable laws. Such order of the health
officer to denature or destroy such food or bring it into compliance
with the provisions of this article shall be stayed if the order is
appealed to a court of competent jurisdiction within three (3) days.
(b)
Whenever
the health officer shall find in any food establishment or operation
any food which is unsound, or contains any filthy, decomposed, or
putrid substance, or that may be poisonous or deleterious to health
or otherwise unsafe, the same being hereby declared to be a nuisance,
the health officer shall forthwith condemn or in any manner render
the same unsalable as human food.
(Ordinance 03-20-90-01, sec. 3,
adopted 3/20/90)
(a)
No
person, while infected with a disease in a communicable form that
can be transmitted by foods or who is a carrier of organisms that
cause such a disease, or while afflicted with a boil, an infected
wound, or an acute respiratory infection, shall work in a food establishment
or as a mobile food vendor, or in connection with a food vending machine
operation in any capacity in which there is a likelihood of such person
contaminating food or food-contact surfaces with pathogenic organisms
or transmitting disease to other persons.
(b)
When
the health officer has reasonable cause to suspect the possibility
of disease transmission from any food establishment or operation employee,
he may secure morbidity history of the suspected employee or make
any other investigation as may be indicated and shall take appropriate
action. The health officer may require any or all of the following
measures:
(1)
The immediate exclusion of the employee from all food establishments
or operations;
(2)
The immediate closing of the food establishment or operation concerned
until, in the opinion of the health officer, no further danger of
disease outbreak exists;
(3)
Restriction of the employee's services to some area of the establishment
or operation where there would be no danger of transmitting disease;
(4)
Adequate medical and laboratory examination of the employee, of other
employees and of his or their body discharges.
(Ordinance 03-20-90-01, sec. 4,
adopted 3/20/90)
(a)
Except as provided in subsection (b) of this section, each permitted food establishment shall have at least one person in charge of the operation who has a valid food manager's certificate issued by the health officer.
(b)
Food
manager certificates will not be required for managers of food establishments
providing only beverages and prepackaged, nonpotentially hazardous
snack foods. Food manager certificates will not be required for managers
in nonprofit organizations which only serve food to their own members.
Food manager certificates will not be required for managers of food
products establishments inspected at least once in each week by state
or federal food sanitation inspectors. Retail food stores under single
ownership which do not engage in preparation of food may assign one
certified food manager to supervise up to four (4) stores. Food manager
certificates will not be required for persons supplying food vending
machines, since a certified manager would be in charge at the commissary
supplying these machines.
(c)
Food
manager's certification shall be in the form of an identification
card, and shall include the applicant's full name and post office
address; height, weight, and age; the signature of the person certified;
the signature of the health officer; the date issued and the expiration
date. Certification shall also be in the form of larger cards containing
such information as shall be deemed pertinent by the health officer
and shall be prominently displayed in each establishment that the
certified person manages.
(d)
A
food manager's certificate shall be issued to any person who submits
the required issuance fee and:
(1)
Completes a course of study or shows evidence of completion of a
course of study approved by and acceptable to the health officer and
achieves the required minimum score on a written examination administered
by or acceptable to the health officer; or
(2)
Provides evidence, acceptable to the health officer, of certification
within the past three (3) years as the result of a course of study
and examination approved by and acceptable to the health officer.
(e)
A food manager's certificate may be renewed if the holder attends an approved refresher course on food protection and makes application on a form provided by the health officer not more than thirty (30) days prior to nor later than six (6) months after the date of expiration of the certificate. The application must include all information required under subsection (c) of this section. The application shall include the name and address of the establishment where the applicant is employed, his title, a description of his duties and his signature. Such application for renewal of a food manager's certificate must be accompanied by payment of the fee as set out in subsection (i) of this section.
(f)
A
food manager's certificate shall be valid for three (3) years from
the date of issuance. No certificate shall be transferable from one
person to another person.
(g)
It
shall be unlawful for any person to knowingly falsify any information
supplied on an application for certificates issued under this section.
Any certificate obtained by falsification of information shall be
void.
(h)
It
shall be unlawful for any person to make use of a food manager's certificate
which has not been issued to him by the health officer.
(i)
Whenever a food manager's certificate has expired, thirty (30) days shall be allowed for the permit holder of the establishment to obtain the renewal of this certificate. If a food establishment cannot meet the requirements of subsection (a) of this section because of the termination or permanent transfer of a certified food manager, the holder of the permit for this establishment shall employ another certified food manager within forty-five (45) days of the effective date of termination or permanent transfer of the previous certified food manager.
(j)
The
health officer may, after providing opportunity of a hearing, suspend
or revoke a food manager's certificate if the certified food manager
impedes the inspection of the food establishment by the health officer,
or there are repeated or serious violations of this article in the
food establishment at times when the certified food manager is in
charge, or there are repeated or serious violations of federal or
state laws regulating the operation of the food establishment at times
when the certified food manager is in charge. Prior to revocation,
the health officer shall notify the certified food manager, in writing,
of the reasons for which the certification is subject to revocation
and that the certificate shall be suspended or revoked at the end
of a specified time period following service of such notice unless
a written request for hearing is filed with the health officer by
the certified food manager within ten (10) days. If no request for
hearing is filed within the ten-day period, the suspension or revocation
of certification becomes final upon expiration of the time specified
in the notice of pending revocation.
(k)
An
individual whose food manager's certificate has been suspended or
revoked shall not be reinstated or granted a new certificate until
he or she has fulfilled all conditions of said suspension or revocation,
which conditions may include, but are not limited to, taking the food
manager's certification course and passing the required examination.
(Ordinance 03-20-90-01, sec. 5,
adopted 3/20/90)
At all times, including while being stored, prepared, displayed,
served, or transported, food shall be protected from potential contamination,
including dust, insects, rodents, unclean equipment and utensils,
unnecessary handling, coughs and sneezes, flooding, drainage, and
overhead leakage or overhead drippage from condensation. The internal
temperature of potentially hazardous food shall be forty-five (45)
degrees Fahrenheit (7 degrees Celsius) or below or one hundred forty
(140) degrees Fahrenheit (60 degrees Celsius) or above at all times,
except as otherwise provided by law.
(Ordinance 03-20-90-01, sec. 6,
adopted 3/20/90)
(a)
Microwave
ovens used in food establishments, food vending areas and mobile food
units shall be operated, maintained and repaired in accordance with
all applicable provisions of rule 301.78.01.006 of the department
of state health services, entitled “Texas Regulations for the
Control of Radio-Frequency Electromagnetic Radiation.”
(b)
The
power density of the microwave radiation emitted by a microwave oven
used in any food establishment or food vending area or on any mobile
food unit shall not exceed five (5) milliwatts per square centimeter
at any point five (5) centimeters or more from the external surface
of the oven.
(c)
Microwave ovens shall have a minimum of two (2) operative interlocks, one of which does not permit human access to it. Failure of any single mechanical or electrical component of the microwave oven shall not cause all safety interlocks to be inoperative. Service adjustments or service procedures on the microwave oven shall not cause all safety interlocks to be inoperative or the microwave radiation emission to exceed the power density limit of subsection (b) of this section as a result of such service adjustment or procedures. Insertion of an object into the oven cavity through any opening when the door is closed shall not cause microwave radiation emission from the oven to exceed the power density specified in subsection (b) of this section. One (the primary) required safety interlock shall prevent microwave radiation emission in excess of the requirements of paragraph 90.9(a)(1) of rule 301.78.01.006 of the department of state health services; the other (secondary) required safety interlock shall prevent microwave emission in excess of five (5) centimeters or more from the external surface of the oven. The two (2) required safety interlocks shall be designated as primary or secondary in the service instructions for the oven.
(d)
All
microwave ovens installed in food establishments after November 18,
1977, shall meet the National Sanitation Foundation Standards for
such equipment, or be approved by the United States Food and Drug
Administration, or be approved by the department of state health services.
(e)
The
food-contact and radio-frequency electromagnetic radiation sealing
surfaces of the cavities of microwave ovens shall be cleaned at least
once a day and shall be kept free of encrusted grease deposits and
other accumulated soil.
(f)
Where
microwave equipment and utensils are used for the preparation of potentially
hazardous foods on a continuous or production-line basis, utensils
and the food-contact surfaces, as well as the radiation sealing surfaces
of equipment, shall be cleaned and sanitized at intervals throughout
the day on a schedule approved by the health officer. This schedule
shall be based on food temperature, type of food, and amount of food
particle accumulation.
(g)
Microwave
ovens shall be repaired only by persons who certify that the repaired
microwave oven meets the provisions of paragraph 90.9(a)(1) of rule
301.78.01.006 of the department of state health services. A certification
as to compliance with paragraph 90.9(a)(1) of rule 301.78.01.006 of
the department of state health services shall appear on all bills
or invoices for such repairs, and in all repaired microwave ovens.
This label shall include the name of the person certifying compliance
with the above regulation, signature of authorized agent, and date.
(Ordinance 03-20-90-01, sec. 7,
adopted 3/20/90)
All food supplied within the village shall be obtained from
sources approved by the health officer. Food obtained from establishments
located outside the police jurisdiction of the village may be sold
within the police jurisdiction of the village if such establishments
conform to the provisions of this article or to substantially equivalent
provisions. To determine the extent of compliance with such provision,
the health officer may accept reports from health authorities in jurisdictions
where such establishments are located.
(Ordinance 03-20-90-01, sec. 8,
adopted 3/20/90)
Grease traps shall be installed and properly operated in all
food establishments where preparation of food occurs on the premises,
except for establishments which only serve beverages. Freestanding
grease traps shall not be allowed in new or extensively remodeled
food establishments.
(Ordinance 03-20-90-01, sec. 9,
adopted 3/20/90)
In new or extensively remodeled establishments, refrigerators,
freezers, dishwashers and food heating or reheating appliances must
be National Sanitation Foundation approved. Domestic refrigerators,
freezers, dishwashers and food heating or reheating appliances are
not approved for use in commercial food establishments. Existing equipment,
where commercial grade and in good repair, may be used in currently
operating establishments, if this equipment meets National Sanitation
Foundation standards, even though not National Sanitation Foundation
approved.
(Ordinance 03-20-90-01, sec. 10,
adopted 3/20/90)
(a)
Every
food establishment where space is designed or designated for eating
purposes shall have posted in a conspicuous place, easily accessible
to all employees, or to both all employees and all customers, a sign
graphically depicting the Heimlich maneuver for dislodging food from
a choking person.
(b)
All
signs posted pursuant to this section shall conform to the uniform
design specified therefor by the health officer, including the size,
colors, wording and any other elements specified by the health officer.
(Ordinance 03-20-90-01, sec. 11,
adopted 3/20/90)
(Ordinance 03-20-90-01, sec. 13,
adopted 3/20/90)
