This article may be referred to and cited as the food service and food products ordinance of the city.
(Ordinance 2010-11-15-01 adopted 11/15/10)
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:
Stoves, ovens, ranges, hoods, slicers, mixers, meatblocks, 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, or chewing gum.
An operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption (such as a restaurant, retail food store, satellite or catered feeding location, catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people, market, vending location, conveyance used to transport people, institution, or food bank) and that relinquishes possession of food to a consumer directly, or indirectly through a delivery service such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers.
The city or its authorized representative.
A temporary event, gathering, or organized activity, including but not limited to street fairs, craft shows or fairs, trade shows, assembly events, races, runs, rallies, parades, or other similar events or attractions that include one or more of the following:
Any implement used in the storage, preparation, transportation, or service of food.
The cleaning and sanitizing of food-contact surfaces of all equipment and utensils.
(Ordinance 2020-02-18-03 adopted 2/18/20)
(b)
Food establishments shall also comply with the following regulations:
(1)
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.
(2)
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.
(3)
Use of tobacco in any form is prohibited where unpackaged food is prepared or displayed, and in warewashing areas. Notice to this effect shall be posted in such areas.
(Ordinance 2010-11-15-01 adopted 11/15/10)
(a)
No person shall operate a food establishment who does not have a valid permit to do so, issued to him by the health authority. Only a person who complies with the requirements of this article shall be entitled to receive or retain such a permit. Permits are not transferable. A valid permit shall be posted in every food establishment, except temporary food establishments.
(b)
Approved permits shall be required, however, no permit fee shall be assessed, for any food establishment or operation funded by the city, operated under assistance from the state commission for the blind, or operated by a public school system.
(c)
Permits for mobile food vending or temporary food vending operations shall be issued only for the vending of prepackaged ice cream and/or other frozen items or for other types of food vending at special events as defined in this article and as permitted through the city. Mobile food vendors and temporary food vendors must be permitted to operate through City of Austin Public Health and shall comply with the requirements of section 10.03.010(c).
(Ordinance 2020-02-18-03 adopted 2/18/20)
(a)
Any person desiring to operate a food establishment shall make written application for a permit on forms provided by the health authority.
(b)
Prior to approval of an application for a permit, the health authority shall inspect the proposed food establishment to determine compliance with the requirements of this article.
(c)
The health authority shall issue a permit to the applicant if his inspection reveals that the proposed food operation complies with the requirements of this article.
(d)
All permits issued under this article expire one year from date of issuance.
(Ordinance 2010-11-15-01 adopted 11/15/10)
A fee for a permit to operate a food establishment shall be paid to the health authority upon application for a permit. This fee shall be in an amount established by the health authority.
(Ordinance 2010-11-15-01 adopted 11/15/10)
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. A copy of the notice shall be filed in the records of the health authority.
(Ordinance 2010-11-15-01 adopted 11/15/10)
(a) Sampling. Temporary food establishment at a certified farmer’s market.
Definition.
The demonstration or promotion of a food and its characteristic via offering a small serving of the food which cannot be sold and which may not consist of a whole meal, an individual portion or a whole sandwich.
A food establishment (as defined in the Texas Food Establishment Rules) that may operate one day a week for 14 consecutive weeks as a single special event if the temporary food establishment is permitted as a food establishment, or is preparing its food at a permitted food establishment, and is in compliance with its permit issued by the health authority. The permit shall be issued to the vendor. The vendor shall meet requirements of the Texas Food Establishment Rules (TFER) and all other applicable laws. A temporary food establishment as a certified farmers market is not exempt from the food handler requirements of this section.
(b)
Sampling of food products at farmers market.
(1)
It shall be an offense for any person to operate a booth and offer the sampling of full products within the city limits at a farmers market without first having obtained an annual sampling permit as required by this section.
(2)
Every person, before opening, maintaining or operating a booth for the sampling of food products within the city limits shall make an application for a sampling permit for an establishment to be maintained or operated by the person, on a form prescribed by the health authority, which shall include, among other things, the name, address and telephone number of the applicant’s residence and of the establishment.
(3)
Upon receiving the application for a sampling permit under this section, the health authority may approve the application upon payment of the sampling permit fee set out in a separate ordinance. After approval of the application, a sampling permit may be issued to the applicant and shall be effective for one year from the date of issuance.
(4)
A booth that offers sampling of food products shall have its original annual sampling permit posted in view of the public during operating hours.
(5)
An application for renewal of a sampling permit must be received by the health authority, accompanied by the applicable fee, before the expiration date of the previous sampling permit. All information provided in a renewal application must be current and valid.
(6)
A person operating a booth for the sampling of food products at a farmers market shall comply with state regulations (Texas Food Establishment Rules) regarding equipment, floors, dust control, ceilings and outer openings of food preparation areas at a temporary event.
(7)
In the event the health authority determines that the booth of the applicant does not comply with the provisions of this section or other city ordinances, the health authority shall disapprove such application for issuance or renewal of sampling permit.
(8)
An applicant who has been refused a sampling permit or renewal of a sampling permit may, within ten days, appeal to the health authority by filing a copy of such application, the denial notice and a written request that the health authority grant a hearing to review the denial.
(9)
A person conducting sampling at a farmers market shall comply with the following requirements:
(A)
In the event that a person conducting sampling at a farmers market wishes to conduct sampling of potentially hazardous foods, only those potentially hazardous foods approved by the health authority shall be displayed, served or sampled at a farmers market.
(B)
All potentially hazardous food samplings shall be disposed within four hours after being removed from active temperature control, if not served or consumed.
(C)
Any employee or volunteer of a sampling operation at a farmers market shall be a registered food handler.
(D)
A booth shall have sufficient hot and cold potable water for cleaning foods and for cleaning and sanitizing equipment and utensils.
(E)
An approved facility for employee handwashing, consisting, at a minimum, of warm, free flowing clean running water, soap, and individual paper towels or other approved hand drying device shall be provided near any booth offering samplings.
(F)
An approved facility shall be provided for washing, rinsing and sanitizing of equipment and utensils used in the preparation and serving of samplings. The facility shall consist of at least three containers of compartments, each of adequate size so as to permit the total immersion of all utensils used in a booth offering sampling at a farmers market.
(10)
The health authority may inspect each booth offering samplings of food products as is necessary for the enforcement of this section.
(11)
The market manager of a certified farmers market shall be responsible for ensuring daily compliance with the provisions of this section. In the case of repeated violations of this section, the health authority may impose restrictions on the samplings of food products at a farmers market.
(12)
All violations shall be corrected at the time of inspection unless an extension is allowed by the health authority. No extension shall be granted where the violation poses a significant risk of food borne illness to the public.
(13)
If violations of samplings of food products at a farmers market are not corrected at the time of inspection, or within the specified extension time limits, the health authority shall immediately order the booth to suspend the sampling operations.
(14)
Repeated violations at a booth operating the samplings of food products at a farmers market without a valid permit or with a suspended permit constitutes an offense under this chapter.
(c)
Temporary food establishment.
(1)
A food establishment set up for a temporary event shall comply with the requirements of this section. The health authority may impose additional requirements to protect against health hazards related to the conduct of a temporary food establishment, may prohibit the sale of some or all potentially hazardous foods, and when no health hazard will result, may waive or modify requirements of these rules.
(2)
A person must hold a permit issued by the health authority to operate a temporary food establishment.
(3)
A person who holds a permit to operate a temporary food establishments may offer full meals to the public.
(4)
The health authority may impose requirements on cooking, freezing, reheating, treating juice, cooked-food storage temperatures and time control.
(5)
Equipment.
(A)
Equipment shall be located and installed and cleaned in a way that prevents food contamination and that also facilitates cleaning of the establishment.
(B)
Equipment for cooling or heating food, and holding cold or hot food shall be adequate in number and capacity to provide food temperatures as specified under requirements the health authority imposes under subsection (c)(4).
(C)
Food-contact surfaces of equipment shall be protected from contamination by consumers and other contaminant sources. Where necessary to prevent contamination, effective shields for such equipment shall be provided.
(D)
Alternative manual warewashing equipment, such as receptacles that substitute for the compartments of a multi-compartment sink, may be used when there are special cleaning needs or constraints and the health authority has approved the use of alternative equipment.
(6)
A temporary food establishment shall provide only single-service articles for use by consumers.
(7)
Water from an approved source shall be made available in a temporary food establishment for food preparation, handwashing, and for cleaning and sanitizing utensils and equipment. Water need not be under pressure, but shall come from an approved source approved by the health authority.
(8)
Packaged food may not be stored in direct contact with ice or water if the food is subject to the entry of water because of the nature of its packaging, wrapping, or container or its positioning in the ice or water.
(9)
All wastewater and sewage generated from the establishment shall be disposed of through an approved sanitary sewer system that is constructed, maintained, and operated according to rules promulgated by the health authority and applicable law.
(10)
Handwashing facilities shall include an insulated container with a spigot that can be turned on to allow potable, clean, free flowing warm water; a wastewater container; soap; disposable towels; and a waste receptacle. Handwashing facilities are not required if the only food items offered are commercially pre-packaged foods that are dispensed in their original containers.
(11)
A temporary food establishment shall comply with regulations the health authority adopts regarding floors, ceilings and outer openings of food preparation areas.
(12)
The health authority shall apply this section to promote safeguarding public health and ensuring that food is safe, unadulterated, and honestly presented when offered to the consumer.
(13)
If necessary to protect against public health hazards or nuisances, the health authority may impose specific requirements in addition to those requirements contained in this section.
(Ordinance 2013-01-22-04 adopted 1/22/13)
(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)
The violation of any provision of this article shall be punishable by a fine of not more than $2,000.00. Each day that a violation of this article shall continue shall constitute a separate offense.
(d)
The health authority is authorized to enforce this article and may seek to enjoin violations of this article.
(Ordinance 2013-01-22-04 adopted 1/22/13)