The city adopts by reference the provisions of the current rules or rules as amended by the department of state health services found in 25 Texas Administrative Code, chapter 228, regarding the regulation of food establishments in this jurisdiction.
(Ordinance 542 adopted 9/2/20; Ordinance adopting Code)
Authorized agent or employee.
The employees of the regulatory authority.
Catering services.
The provision of food service by a lone food establishment, including a mobile food unit (MFU), on private property for a singular or recurring event.
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, 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, remote catered operation, 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.
(1) 
The term includes an element of the operation such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location unless the vending or feeding location is permitted by the regulatory authority; a restaurant; a grocery store; an operation that is conducted in a mobile, roadside, stationary, temporary or permanent facility or location; a group residence; an outfitter operation; a bed and breakfast extended; where consumption is on or off the premises; and regardless of whether or not there is a charge for the food.
(2) 
The term does not include an establishment that offers only prepackaged foods that are not potentially hazardous; a produce stand that only offers whole, uncut, fresh fruits and vegetables; a food processing plant; a kitchen in a private home if only food that is not potentially hazardous is prepared for sale or service at a function such as a religious or charitable organization’s bake sale; a bed and breakfast limited facility as defined in these rules; or a private home.
(3) 
This term also incorporates any amendments or changes to the definition of “food establishment” as contained in the Texas Administrative Code, title 25, section 228.2.
Mobile food unit (MFU).
A vehicle-mounted, self or otherwise propelled, self-contained food service operation, designed to be readily movable (including but not limited to catering trucks, trailers, pushcarts, and roadside vendors) and used to store, prepare, display, serve or sell food. Mobile units must completely retain their mobility at all times. A mobile food unit does not include a stand or a booth. A roadside food vendor is classified as a MFU.
Municipality.
The City of Trenton, Texas.
Regulatory authority.
The City of Trenton, Texas.
State rules.
The state rules found at 25 Texas Administrative Code, chapter 228. These rules are also known as the Texas Food Establishment Rules.
(Ordinance 542 adopted 9/2/20; Ordinance adopting Code)
The permits can be picked up at city hall from the city secretary.
(Ordinance 542 adopted 9/2/20)
Fees are as set forth in the fee schedule in appendix A of this code.
(Ordinance 542 adopted 9/2/20; Ordinance adopting Code)
Additional inspections shall be performed as often as necessary for the enforcement of these rules and codes.
(Ordinance 542 adopted 9/2/20)
The city is authorized to negotiate and enter into intergovernmental agreements for the administration and enforcement of this article on such terms as the city council may deem reasonable.
(Ordinance 542 adopted 9/2/20)
A person who violates a provision of these rules and any person who is the permit holder of or otherwise operates a food service establishment that does not comply with the requirements of these rules and any responsible officer of that permit holder or those persons shall be fined in accordance with the general penalty provided in section 1.01.009 of this code.
(Ordinance 542 adopted 9/2/20; Ordinance adopting Code)