The city adopts by reference the provisions of the current rules
or rules as amended by the state board of health found in 25 Texas
Administrative Code, chapter 229, sections 229.161 through 229.171
and 229.173 through 229.175, regarding the regulation of food establishments
in this jurisdiction.
(2007 Code, sec. 6.02.031)
The following definitions shall apply in the interpretation
and enforcement of this division:
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 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 and
drink is prepared, served, transferred, stored, packed, sold, or otherwise
handled.
State laws and rules.
The state laws found in chapter 437 of the Texas Health and
Safety Code and the state rules found at 25 Texas Administrative Code
chapter 229, sections 229.161 through 229.171 and sections 229.173
through 229.175.
Working days.
The days that WCCHD is open to conduct business with the
public.
(2007 Code, sec. 6.02.032)
(a) Food establishments shall be inspected a determined number of times
during a calendar year according to risk factors set by the department
of state health services. High-risk establishments that prepare and
serve potentially hazardous food and/or serve a highly susceptible
population shall be inspected a minimum of four (4) times a calendar
year. Establishments that serve only prepackaged, nonpotentially hazardous
foods shall be inspected a minimum of two (2) times a calendar year.
(b) Additional inspections of food establishments shall be performed
as deemed necessary to protect against public health hazards or nuisances.
Additional fees are charged to the establishment for these visits.
Visits associated with unsubstantiated complaints received by this
office will not require an additional fee.
(c) The following are guidelines for enforcement of these rules in an
establishment that earns more than thirty (30) demerits on multiple
inspections during a twelve-month period:
(1) First failure.
“Unsatisfactory” placard
shall be posted on the front door or window and shall not be covered
from sight, defiled, or removed until an inspection is performed earning
thirty (30) or fewer demerits. The follow-up inspection will occur
within two working days of the failed inspection.
(2) Second failure within twelve (12) months of first failure.
“Unsatisfactory” placard shall remain/be posted
on the front door or window and shall not be covered from sight, defiled,
or removed until an inspection is performed earning thirty (30) or
fewer demerits. The permit shall be suspended and the operations of
the establishment shall cease immediately. The establishment shall
remain closed for a minimum of 48 hours and fulfill the following
requirements before reopening:
(A) The management of the establishment must meet with and submit a written
plan of action to the director of the environmental division or his
appointee. The plan of action shall address critical violations of
the previously failed inspections.
(B) A reinstatement fee as provided in the fee schedule in appendix
A of this code will be paid to the WCCHD environmental division located at 303 Main, Georgetown, TX 78626.
(C) A follow-up inspection will be conducted within one working day of fulfillment of the requirements listed under subsections
(A) and
(B) above.
(D) The establishment shall be placed on a thirty-day inspection schedule
until two (2) consecutive inspections result in a score of thirty
(30) or fewer demerits.
(3) Third failure within twelve (12) months of first failure.
“Unsatisfactory” placard shall remain/be posted on the
front door or window and shall not be covered from sight, defiled,
or removed. The person in charge shall be notified in writing of the
intent of WCCHD to permanently revoke their permit.
(2007 Code, sec. 6.02.033)
In addition to any other penalties hereinbefore provided and unless another penalty is in this division provided, whoever shall do any act or thing [prohibited by this division or fail to do any act] required by the terms of this division or in any way violates the provisions thereof shall be fined in accordance with the general penalty in section
1.01.009 of this code.
(2007 Code, sec. 6.02.034)
Whenever a food establishment is constructed or extensively
remodeled and whenever an existing structure is converted to use as
a food establishment, properly prepared plans and specifications for
such construction, remodeling or conversion shall be submitted to
WCCHD for review before work is begun. Extensive remodeling means
that 20% or greater of the area of the food establishment is to be
remodeled. The plans and specifications shall indicate the proposed
layout, equipment arrangement, mechanical plans and construction of
materials of work areas, and the type and model of proposed fixed
equipment and facilities. The plans and specifications will be approved
by WCCHD if they meet the requirements of the rules adopted by this
division. The approved plans and specifications must be followed in
construction, remodeling or conversion.
(2007 Code, sec. 6.02.035)
(a) Required.
It shall hereafter be unlawful for any person
operating any food establishment to work or employ a food handler
until such food handler has received a food handler’s registration
certificate from the WCCHD that is valid during the time of such employment.
(1) Issuance of registration certificates and payment of fees.
WCCHD shall issue a food handler’s registration certificate
to a food handler who attends a food handler’s class offered
throughout the county, or who satisfactorily passes a test from a
“trainer” who became certified through this office.
(2) Education and examination of applicant.
No food handler’s
registration card shall be issued by WCCHD to any person required
by law or by this division to have or exhibit such certificate until
the applicant shall have met the following requirements:
(A) Complete a class in basic food sanitation. The schedule, time and
location of class sites will be announced by the director, environmental
division, WCCHD. The primary emphasis of this orientation will be
directed toward the food workers’ sanitation practices and behavior
when working in a food establishment. It will be the responsibility
of the person in charge of the food establishment to ensure that safe
food practices are in use at all times.
(B) Complete a “Train the Trainer” class. Food establishments
who wish to train their own food handlers may do so after meeting
the following conditions:
(i)
A food establishment employee must complete a two-hour “Train
the Trainer” class. They may then train their own employees
on-site and administer the test supplied by WCCHD to their employees;
or
(ii)
A food establishment employee who is certified to teach the
state certified food protection management class must submit an outline
of the class they will be teaching and a copy of the test to be given
the employees after the class is completed at their site.
(C) WCCHD reserves the right to suspend this option as a method for obtaining
food handler cards.
(3) Display of food handler cards.
Upon completion of the
prescribed orientation and the necessary administrative processing,
each individual will be issued a food handler’s card that will
be posted at the place of employment in a location readily accessible
to the health official for verification.
(4) Managers and supervisory personnel.
Managers, assistant
managers, and shift supervisors who have completed the state certified
food protection manager’s course will not be required to obtain
a food handler’s card from WCCHD, but must post their certification
from the state with the employee’s cards.
(b) Issuance and effective period of certificate.
After
the above has been accomplished, the applicant shall thereupon be
issued a food handler’s registration certificate by WCCHD, which
shall be valid for the time period stipulated on the certificate.
(2007 Code, sec. 6.02.036)
A person may not operate a food establishment without a permit
issued by WCCHD. Permits are not transferable from one person to another
or from one location to another location, except as otherwise permitted
by this division. All permits expire on December 31 each year. A valid
permit must be posted in or on every food establishment regulated
by this division.
(2007 Code, sec. 6.02.061)
(a) A person desiring to operate a food establishment must make a written
application for a permit on forms provided by WCCHD. The application
must contain the name and address of each applicant, the location
and type of the proposed food establishment and the applicable fee.
An incomplete application will not be accepted. Failure to provide
all required information or falsifying information required may result
in denial or revocation of the permit. Renewals of permits are required
on an annual basis, and the same information is required for a renewal
permit as for an initial permit.
(b) Prior to the approval of an initial permit or the renewal of an existing
permit, WCCHD shall inspect the proposed food establishment to determine
compliance with state laws and rules. A food establishment that does
not comply with state laws and rules may be denied a permit or the
renewal of a permit.
(c) The fee schedule provided in appendix
A of this code applies to permits issued under this division.
(2007 Code, sec. 6.02.062)
(a) WCCHD may, without warning, notice or hearing, suspend any permit
to operate a food establishment if the operation of the food establishment
constitutes an imminent hazard to public health. Suspension is effective
upon service of the notice in writing to the person in charge. When
a permit is suspended, food operations shall immediately cease. Whenever
a permit is suspended, the holder of the permit shall be afforded
an opportunity for a hearing within five (5) working days of a request
for a hearing.
(b) Whenever a permit is suspended, the holder of the permit or the person
in charge shall be notified in writing that the permit is, upon service
of the notice, immediately suspended and that an opportunity for a
hearing will be provided if a written request for a hearing is filed
with the hearing officer by the holder of the permit within five (5)
working days. If no written request for a hearing is filed within
five days, the suspension is sustained. WCCHD may end the suspension
at any time if reasons for suspension no longer exist.
(2007 Code, sec. 6.02.063)
(a) The regulatory authority may, after providing opportunity for a hearing,
revoke a permit for serious or repeated violations of any of the requirements
of these rules or for interference with the regulatory authority in
the performance of its duties. Prior to revocation, the regulatory
authority shall notify the holder of the permit or the person in charge,
in writing, of the reason for which the permit is subject to revocation
and that the permit shall be revoked at the end of the five (5) working
days following service of such notice unless a written request for
a hearing is filed with the regulatory authority by the holder of
the permit within such five-day period.
(b) If no request for a hearing is filed within the five-day period,
the revocation of the permit becomes final.
(2007 Code, sec. 6.02.064)