This division shall be known as the food service ordinance of
the city.
(2005 Code, sec. 8.5.04)
The city designates the Tarrant County Health Department Director
as its health authority for the purpose of ensuring minimum standards
of environmental health and sanitation within the scope of that department's
function.
(2005 Code, sec. 8.5.04; Ordinance 2024-02A adopted 1/18/2024)
(a)
To
the extent that the same are not otherwise applicable to food service
establishments in the city, there are hereby adopted by reference,
the same as if copied herein, chapters 341 and 431 of the Texas Health
and Safety Code, and the Executive Commission of the Health and Human
Services Commission found in 25 Texas Administrative Code, chapter
228, regarding the regulation of food establishments together with
administrative regulations adopted pursuant thereto.
(b)
A
certified copy of each rule manual described above shall be kept on
file in the office of the city secretary.
(2005 Code, sec. 8.5.04; Ordinance 2024-02A adopted 1/18/2024)
The terms used herein shall have the same meanings ascribed
thereto in the state regulations applicable thereto. In addition,
the following terms shall be as herein defined:
A facility keeping more than twelve (12) unrelated children
that provides care, training, education, custody or supervision for
children under fifteen (15) years of age, who are not related by blood,
marriage or adoption to the owner or operator of the facility, for
all or part of the day, whether or not the facility is operated for
profit or charges for the services it offers. Nonprofit facilities
will be required to make application for a permit and meet current
requirements but are exempt from payment of the permit fee.
All places where food or drink is manufactured, packaged,
produced, processed, transported, stored, sold, commercially prepared,
or otherwise handled, whether offered for sale, given in exchange
or given away for use as food or furnished for human consumption.
The term does not apply to private homes where food is prepared or
served for guest and individual family consumption. The location of
commercially packaged single-portion non-potentially hazardous snack
items and wrapped candy sold over the counter is excluded.
The medical director of the Tarrant County Public Health
Department.
Representatives of the county health department.
The owner or operator of the business. Each new business
owner or operator shall comply with the current code of the city.
The Tarrant County Public Health Department.
A notice provided for in these rules 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.
(2005 Code, sec. 8.5.04; Ordinance 2024-02A adopted 1/18/2024)
(a)
Required.
It shall be unlawful for any person
to operate a food establishment in the city unless he possesses a
current and valid health permit issued by the county health department.
(b)
Posting.
A valid permit shall be posted in public
view in a conspicuous place at the food establishment for which it
is issued.
(c)
Transfer; change of ownership of business.
Permits
issued under the provisions of this division are not transferable.
Upon change of ownership of a business the new business owner will
be required to meet current standards as defined in ordinances and
state law before a permit will be issued.
(d)
Separate permit required for each establishment.
A separate permit shall be required for every type food establishment
and temporary food establishment having separate and distinct facilities
and operations, whether situated in the same building or at separate
locations. Lounge operations located in the same building on the same
floor operating under the same liquor license will not require a separate
permit.
(e)
Suspension.
The health department may suspend
any permit to operate a food establishment if the operator of the
establishment does not comply with the requirements of this division
and state laws and rules, or the operation of the food establishment
otherwise constitutes an imminent health hazard. Before a permit is
suspended, the holder of the permit shall be afforded an opportunity
for a hearing within ten (10) days of receipt of a written request
for a hearing. Suspension is effective after a ten (10) day notice
period is given by the health department in the event a public hearing
is not requested. When a permit is suspended, food service operations
shall immediately cease.
(f)
Notification of right to hearing.
Whenever a notice
of suspension is given, the holder of the permit or the person in
charge shall be notified in writing that an opportunity for a hearing
will be provided. If no written request for hearing is filed within
ten (10) days, the permit is suspended. The health department may
end the suspension any time if reasons for suspension no longer exist.
(g)
Revocation.
The health department may, after providing
notice and an 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 health department in the performance of
its duties. Prior to revocation, the health department shall notify
the holder of the permit or 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 ten (10) days following service
of such notice. Unless a written request for a hearing is filed with
the health department by the holder of the permit within such ten
(10) day period, the revocation of the permit becomes final.
(h)
Service of notices.
A notice provided for in these
rules is properly served when it is delivered to the holder of the
permit, license, or certificate, 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, license, or
certificate. A copy of the notice shall be filed in the records of
the regulatory authority.
(i)
Hearings.
The hearings provided for in these rules
shall be conducted by the regulatory authority at a time and place
designated by it. Based upon the recorded evidence of such hearings,
the regulatory authority shall make a final finding, and shall sustain,
modify or rescind any notice or order considered in the hearing. A
written report of the hearing decision shall be furnished to the holder
of the permit, license, or certificate by the regulatory authority.
(j)
Right of appeal.
Any permit holder who wishes
to dispute the decision of a hearing may appeal the decision to the
director of the county health department.
(k)
Application for new permit after revocation.
Whenever
a revocation of a permit has become final, the holder of the revoked
permit may make written application for a new permit to the health
department.
(l)
Fee.
A health permit fee as established by the
commissioner's court is required annually for each food establishment.
Fees are due and payable on or before September 30th of each year
and are to be paid to the Tarrant County Health Department at 1800
University Drive, Fort Worth. A health permit is enforceable within
thirty (30) days of approval of the county commissioner's court.
The county public health authority shall collect health permit fees
from permit applicants.
(2005 Code, sec. 8.5.05; Ordinance 2024-02A adopted 1/18/2024)
(a)
Review of plans.
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 the health department for review and approval before construction,
remodeling or conversion is begun. The plans and specifications shall
indicate the proposed layout, materials of work areas, and the type
and model of proposed fixed equipment and facilities. The health department
shall approve the plans and specifications if they meet requirements
of these rules. No food establishment shall be constructed, extensively
remodeled, or converted except in accordance with plans and specifications
approved by the health department.
(b)
Pre-operational inspection.
The health department shall
inspect any food establishment prior to its beginning operation to
determine compliance with approved plans and specifications and with
the requirements of these rules.
(2005 Code, sec. 8.5.06)
(a)
Food manager certification.
(1)
All food establishments handling open foods and/or beverages
and having seven (7) or more food handlers shall also have employed
at least one person in a managerial capacity possessing a current
food manager's certificate issued or approved by the health department.
A certificated manager must be on duty during all hours of operation.
(2)
Establishments having fewer than seven (7) employees shall not
be required to have a certified food manager on duty.
(3)
Proof of food manager certification shall be a condition precedent
to the operation of any establishment for which such certification
is required.
(4)
All certifications shall be displayed with the establishment's
health permit.
(5)
Upon written application and presentation of evidence of satisfactory
completion of a food manager's course, equivalent training, or
examination as approved by the director of public health, the health
department shall issue a food manager's certificate valid for
three (3) years unless sooner revoked. Suspension or revocation of
an establishment's health permit by the health department shall
be cause for revocation of that manager's certification at such
establishment.
(6)
Whenever there is a change in the ownership of a food service
establishment, the new ownership of such establishment shall be allowed
sixty (60) days from the date of change of ownership to comply with
this section.
(7)
The following are hereby specifically made exempt from the food
manager certification requirements of this section:
(A)
Temporary food establishments;
(B)
Establishments selling only uncut produce and/or packaged food;
(C)
Establishments in which fountain drinks, coffee, and/or popcorn
are the only food items;
(D)
Day care centers that do not prepare food other than the heating/cooling
of prepackaged items;
(E)
Establishments with fewer than seven (7) employees; and
(F)
Farmers' markets.
(b)
Food handler certification.
(1)
All food handlers shall obtain and maintain in force at all
times while employed by an establishment within the scope of this
section a food handler certificate. Such certificate shall issue upon
satisfactory completion of instruction offered by the health department,
and shall be valid for one (1) year unless sooner revoked.
(2)
As used in this section, the term "food handler" shall mean
any person employed by a food service establishment, retail food store,
food manufacturer, day care center, temporary event food booth, snow
cone stand, mobile food unit or other similar facility or activity,
which person is engaged in the preparation, serving, packaging or
handling of open food or drink or the cleaning of utensils, pots,
pans and single-service items used in the preparation, serving, packaging
or handling of open food or drink.
(3)
Exempt from the provisions of this subsection are certified
food managers, cashiers, grocery sackers, prepackaged food stockers,
bus persons handling only soiled cooking and serving equipment, delivery
persons, not-for-profit organization volunteers handling only nonperishable
foods, and public school food service workers who have completed accredited
training.
(4)
When required by law, require facilities to have certified food
managers and food handlers.
(2005 Code, sec. 8.5.07; Ordinance 2024-02A adopted 1/18/2024)
