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:
Food establishment.An operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption as follows:
(1) 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;
(2) 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;
(3) 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
(4) 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.
State rules.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)