The city designates the county health department and its public health authority for the purpose of ensuring minimum standards of environmental health and sanitation within the scope of that department’s function.
(Ordinance 975 adopted 11/8/11; 2004 Code, sec. 6.301)
The city adopts by reference the provisions of the current rules or rules as amended by the executive commissioner of the health and human services commission found in 25 Texas Administrative Code, chapter 229, sections 161 through 171 and 173 through 175, regarding the regulation of food establishments in this jurisdiction.
(Ordinance 975 adopted 11/8/11; 2004 Code, sec. 6.302)
The following definitions shall apply in this article:
Authorized agent or employee.
The employees of the regulatory authority.
Food establishment.
A food service establishment, a retail food store, a temporary food establishment, a mobile food unit, and/or a roadside food vendor.
Owner of business.
The owner or operator of the business. Each new owner or operator shall comply with the current code of the city.
Regulatory authority.
The director and representatives of the county public health department.
Service of notice.
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 registered or certified mail, return receipt requested, to the last known address of the holder of the permit.
State rules.
The state rules found at 25 Texas Administrative Code, chapter 229, sections 161 through 171 and 173 through 175. These rules are also referred to as the Texas Food Establishment Rules.
(Ordinance 975 adopted 11/8/11; 2004 Code, sec. 6.303)
(a) 
Required.
It shall be unlawful for any person to operate a food establishment in the city unless he/she possesses a current and valid permit issued by the regulatory authority.
(b) 
Posting.
A valid permit shall be posted in public view in a conspicuous place in or on every food establishment regulated by this article.
(c) 
Transfer.
Permits issued under the provisions of this article are not transferable from one person or entity to another or from one location to another, except as otherwise permitted by this article.
(d) 
Application.
Any person desiring to operate a food establishment must make a written application for a permit on forms provided by the regulatory authority. The application must contain the name, address, and phone number 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.
(e) 
Inspection prior to issuance.
Prior to the approval of an initial permit or the renewal of an existing permit, the regulatory authority 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 will be denied a permit or the renewal of a permit.
(f) 
Fees.
Fees for permits/inspections issued under this article are as listed in the fee schedule in appendix A of this code and are to be paid to the Tarrant County Public Health Department at 1101 South Main, Fort Worth, Texas 76104.
(Ordinance 975 adopted 11/8/11; 2004 Code, sec. 6.304; Ordinance adopting 2021 Code)
(a) 
Submission 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 regulatory authority for review before work is begun. Extensive remodeling means that twenty percent (20%) or greater of the area of the food establishment is to be remodeled or when equipment required by the rules is to be relocated or removed. 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.
(b) 
Approval.
The plans and specifications will be approved by the regulatory authority if they meet the requirements of the rules adopted by this article. The approved plans and specifications must be followed in construction, remodeling, or conversion. Failure to follow the approved plans and specifications will result in a permit denial, suspension, or revocation.
(c) 
Fees.
Fees for review of the plans shall be as set forth in the fee schedule in appendix A of this code.
(Ordinance 975 adopted 11/8/11; 2004 Code, sec. 6.305; Ordinance adopting 2021 Code)
(a) 
Pre-operational inspection.
Before a permit is issued, the regulatory authority shall inspect and approve the food establishment.
(b) 
Periodic inspections.
An inspection of a food establishment by the regulatory authority shall be performed at least once per year and shall be prioritized based upon assessment of a food establishment’s compliance and potential of causing food-borne illness according to 25 TAC 229.171(h).
(c) 
Classification of food establishments.
The regulatory authority shall classify food establishments as special priority, high priority, medium priority, or low priority, according to the type of operations, particular foods that are prepared, number of people served, susceptibility of the population served, history of violations and any other risk factor deemed relevant to the operation.
(d) 
Refusal of inspection.
Refusal of an owner, manager, or employee to allow the authorized representative of the regulatory authority, upon presentation of credentials, to inspect any permitted business or operation therein during normal business hours will result in an immediate suspension of the permit, requiring all permitted activities to abate until after such time as a hearing may be held per section 6.03.008.
(Ordinance 975 adopted 11/8/11; 2004 Code, sec. 6.306)
Each food service establishment shall have at least one (1) person employed in a managerial capacity possessing a current food manager certificate approved by the regulatory authority. The following requirements must be met regarding food manager/handler education and certification:
(1) 
Proof of such certification must be provided to the regulatory authority prior to the opening of the food establishment;
(2) 
Each food service establishment with six (6) or more employees that is required to have certified food managers must have at least one (1) certified manager on-site during all operations;
(3) 
Every employee of a food service establishment other than a certified food manager must maintain a valid food handler certification registered with the regulatory authority;
(4) 
Food handler certification shall be valid for a period of up to three (3) years as determined by the regulatory authority;
(5) 
Food manager and food handler certification documentation must be maintained in the food service establishment and presented upon request by the regulatory authority; and
(6) 
Existing food service establishments that are required to have certified food managers shall have sixty (60) days to meet the certified food manager requirements upon the transfer or termination of a certified food manager.
(Ordinance 975 adopted 11/8/11; 2004 Code, sec. 6.307)
(a) 
Suspension of permit.
The regulatory authority may, without warning, notice, or hearing, suspend any permit to operate a food establishment if the operations of the food establishment constitute an imminent hazard to public health. Suspension is effective upon service of the notice required by subsection (b) 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 ten (10) days of receipt of a request for a hearing.
(b) 
Notice of suspension; reinstatement after suspension.
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 within ten (10) days. If no written request for hearing is filed within the ten (10) days, the suspension is sustained. The regulatory authority may end the suspension at any time if reasons for suspension no longer exist.
(c) 
Revocation of permit.
The regulatory authority may, after providing 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 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 ten (10) days following service of such notice. Unless a written request for a hearing is filed with the city by the holder of the permit within such ten (10) day period, the revocation of the permit becomes final.
(d) 
Service of notices.
A notice as required 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 as shown on their permit application. A copy of the notice shall be filed in the records of the regulatory authority.
(e) 
Conduct of 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 by the regulatory authority.
(Ordinance 975 adopted 11/8/11; 2004 Code, sec. 6.308)