There are hereby adopted by reference the provisions of the
current edition of the Texas Food Establishment Rules, health services,
department of state health services, retail food, as found in 25 Tex.
Admin. Code part 1, chapter 228, regarding the regulation of food
establishments in this jurisdiction.
(1967 Code, sec. 11-29; 1976 Code,
sec. 22-31; Ordinance 924 adopted 12/6/99; Ordinance 1042, sec. I, adopted 6/2/08; 2008
Code, sec. 22-31; Ordinance adopting 2020 Code; Ordinance 1191 adopted 1/19/21)
(a)
Any person found to be in violation of any provision hereof shall be guilty of a class C misdemeanor and, upon conviction, shall be fined in accordance with the general penalty provided in section 1.01.009 of this code. Each day a violation continues shall constitute a separate offense.
(b)
In
addition, any person found to be in violation hereof shall, in addition
to any fine imposed, be subject to loss of city utilities and/or closure
of the food establishment.
(1967 Code, sec. 11-29; 1976 Code,
sec. 22-31; Ordinance 924 adopted 12/6/99; Ordinance 1042, sec. X, adopted 6/2/08; 2008
Code, sec. 22-32; Ordinance adopting 2020 Code; Ordinance 1191 adopted 1/19/21)
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:
An employee of the regulatory authority.
An operation that stores, prepares, packages, serves, vends,
or otherwise provides food for human consumption as follows:
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, (machine), self-service food market, conveyance
used to transport people, institution, or food bank;
An establishment 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;
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 and an operation
that is conducted in a mobile, stationary, temporary, or permanent
facility or location; where consumption is on or off the premises;
and regardless of whether there is a charge for the food; and
Food establishment does not include an establishment that offers
only prepackaged foods that are not time/temperature control for safety
food, a produce stand that only offers whole, uncut fresh fruits and
vegetables, a food processing plant, a cottage food industry, an area
where cottage food is prepared, sold or offered for human consumption,
a bed and breakfast limited facility as defined in this chapter, or
a private home that receives catered or home-delivered food.
The city health department.
State rules found at 25 Tex. Admin. Code, part 1, chapter
228. These rules are also known as the Texas Food Establishment Rules.
(Ordinance 1042, sec. II, adopted 6/2/08; 2008 Code, sec. 22-33; Ordinance adopting 2020 Code; Ordinance 1191 adopted 1/19/21)
