(a)
Adopted.
The state food establishment rules 25 TAC sections 229.161–229.171,
229.173– 229.175 of the department of state health services,
as adopted by said board and effective March 15, 2006, with exception
of such sections thereof as are hereinafter deleted, modified or amended,
are hereby adopted as the minimum standards for food service operations
within the corporate limits of the city.
(1)
Amendments.
(A)
Wherever the words “authorized agent or employee” appear
in said rules, such words shall mean the employees of the regulatory
authority.
(B)
Wherever the words food establishment and food processing plant appear
in said rules, such words shall have the same meaning ascribed to
such words in the state food establishment rules.
(C)
Wherever the words “municipality of __________” appear
in said rules, such words shall mean the City of DeSoto, Texas.
(D)
Wherever the words “state rules” appear in said rules,
such words shall mean the Texas Department of Health Rules at 25 TAC
sections 229.161–229.171 and 229-173–229.175.
(E)
Wherever the words regulatory authority appear in said rules, such
words shall mean the health department of the city.
(b)
Permits,
Licenses or Certificates Generally.
No person shall operate
a full-service, temporary or limited-use food establishment who does
not have a valid permit issued to him by the regulatory authority.
Only a person who complies with the requirements of these rules shall
be entitled to receive or retain such a permit. Permits are not transferable.
A valid permit shall be posted in every food establishment. Permits
shall be valid for a period of one year from the date of issuance.
The fee for initial issuance of a permit shall be established by resolution
by the city council as it may determine from time to time and shall
accompany the application required herein below. The fee for each
annual renewal of the permit shall be in an amount established by
resolution of the city council from time to time. Any failure to pay
the annual fee shall cause the permit to be automatically revoked.
(c)
Issuance
of Permit.
The following provisions shall apply to the
issuance of permits:
(1)
Any
person desiring to operate a food establishment shall make a written
application for a permit on forms provided by the regulatory authority.
Such application shall include the name and address of each applicant,
the location and type of the proposed food establishment, and the
signature of each applicant.
(2)
Prior
to approval of an application for a permit, the regulatory authority
shall inspect the proposed food establishment to determine compliance
with the requirements of these rules.
(3)
The
regulatory authority shall issue a permit to the applicant if its
inspection reveals that the proposed food establishment complies with
the requirements of these rules.
(d)
Suspension
of Permit.
The following shall apply to the suspension
of permits for the operation of a food establishment:
(1)
The regulatory authority may, without warning, notice, or hearing, suspend any permit to operate a food establishment if the holder of the permit does not comply with the requirements of this section, or if the operation of the food establishment otherwise constitutes a substantial hazard to public health. Suspension is effective upon service of the notice required by subsection (f) of this section. 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 20 days of receipt of a request for a hearing.
(2)
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 regulatory authority by the holder of the permit, license
or certificate within ten days. If no written request for hearing
is filed within ten days, the suspension is sustained. The regulatory
authority may end the suspension at any time if reasons for suspension
no longer exist.
(e)
Revocation
of Permit.
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 ten 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 ten-day period.
If no request for hearing is filed within the ten-day period, the
revocation of the permit becomes final.
(f)
Service
of Notices.
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. A copy of the notice shall be filed in the records of the
regulatory authority.
(g)
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 hearing, 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 by
the regulatory authority.
(h)
Application
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.
(i)
Inspections.
An inspection of a food establishment shall be performed at
least once every twelve months. Additional inspections of the food
establishment shall be performed as often as necessary for the enforcement
of this section.
(j)
Correction
of Violations.
The following shall apply to the correction
of violations:
(1)
Failure
to comply with any time limits for corrections may result in cessation
of food operations. An opportunity for appeal from the inspection
findings and time limitations will be provided if a written request
for a hearing is filed with the regulatory authority within ten days
following cessation of operations. If a request for a hearing is received,
a hearing shall be held within twenty (20) days of receipt of that
request.
(2)
Whenever
a food establishment is required under the provisions of this section
to cease operations, it shall not resume operations until such time
as a reinspection determines that conditions responsible for the requirement
to cease operations no longer exists. Opportunity for reinspection
shall be offered within a reasonable time.
(k)
Examination
and Condemnation of Food.
Food may be examined or sampled
by the regulatory authority as often as necessary for enforcement
of this section. The regulatory authority may, upon written notice
to the owner or person in charge specifying with particularity the
reasons therefor, place a hold order on any food which it believes
is in violation of the state food establishment rules. The regulatory
authority shall tag, label, or otherwise identify any food subject
to the hold order. No food subject to a hold order shall be used,
served, or moved from the establishment. The regulatory authority
shall permit storage of the food under conditions specified in the
hold order, unless storage is not possible without risk to the public
health, in which case immediate destruction shall be ordered and accomplished.
The hold order shall state that a request for hearing may be filed
within ten 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 the provisions of this section.
(l)
Review
of Plans.
The following shall apply when food establishments
are remodeled or constructed:
(1)
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 regulatory authority
for review and approval before construction, remodeling or conversion
is begun. The plans and specifications shall indicate the proposed
layout, arrangement, mechanical plans, and construction materials
of work areas, and the type and model of proposed fixed equipment
and facilities. The regulatory authority shall approve the plans and
specifications if they meet the requirements of the state food establishment
rules. No food establishment shall be constructed, extensively remodeled,
or converted except in accordance with plans and specifications approved
by the regulatory authority.
(2)
Whenever
plans and specifications are required to be submitted to the regulatory
authority, the regulatory authority shall inspect the food establishment
prior to its beginning operation to determine compliance with the
approved plans and specifications and with the requirements of this
section.
(Ordinance 1768-07 adopted 12/18/07)
The city council finds that the health department manager or
designee shall have the authority to enforce the provisions of this
article.
(Ordinance 1768-07 adopted 12/18/07)
(a)
Every
person owning, employed by or otherwise connected with a food service
or food establishment whose work brings them into contact with the
handling of food, utensils or food service equipment, shall, within
30 days of the date of such employment, possess a current valid food
handler’s certificate issued by the health department manager.
Owners, managers or persons otherwise controlling any food service
or food establishment shall not employ or permit any person to remain
employed therein who does not meet this requirement.
(b)
To receive
a food handling certificate, a person must satisfactorily complete
an approved course of study in sanitary food handling and pay the
required fee.
(c)
The
health department manager shall be responsible for conducting an approved
course of study in sanitary food handling as often as necessary for
carrying out the purposes of this section. State-approved food protection
management training as required by Chapter 428, Subchapter D, Texas
Health and Safety Code, as amended, may be substituted for the course
provided by the health department manager.
(d)
The
fee for obtaining a food handling certificate and the fee for replacement
of a lost certificate shall be established from time to time by the
city council by resolution.
(e)
Temporary
food service establishments operated in conjunction with a special
event shall be exempt from this requirement.
(f)
Every
certificate issued hereunder shall remain effective for a period of
three years and may be renewed upon successful completion of additional
approved refresher courses and payment of renewal fees.
(g)
Every
food service or food establishment shall have available on the premises
at all times the food handling certificate of each employee for inspection,
and if requested, shall provide the health department manager with
documentation of the date of employment of any employee of such establishment.
(h)
Certificates
are the property of the person named thereon and must be returned
by employees to such person upon cessation of employment.
(Ordinance 1768-07 adopted 12/18/07)
