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:
The condition of a food:
If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such food shall not be considered adulterated under this clause if the quantity of such substance in such food does not ordinarily render it injurious to health;
If it bears or contains any added poisonous or added deleterious substance (except a pesticide chemical in or on a raw agricultural commodity and except a food additive) which is unsafe within the meaning of V.T.C.A., Health and Safety Code section 431.161, as amended;
If it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of V.T.C.A., Health and Safety Code section 431.161, as amended;
If it is, or it bears or contains, any food additive which is unsafe within the meaning of the Health and Safety Code of Texas, as amended; provided, that where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under V.T.C.A., Health and Safety Code section 431.161, and such raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of such pesticide chemical remaining in or on such processed food shall, notwithstanding the provisions of V.T.C.A., Health and Safety Code section 431.161, not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice, and the concentration of such residue in the processed food, when ready to eat, is not greater than the tolerance prescribed for the raw agricultural commodity;
If it contains in whole or in part any diseased, contaminated, filthy, putrid, or decomposed substance, or if it is otherwise unfit for foods;
If it has been produced, prepared, packed or held under unsanitary conditions whereby it may have been rendered injurious to health;
If it is the product of any diseased animal or an animal which has died otherwise than by slaughter, or that has been fed the uncooked offal from a slaughterhouse;
If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or
If it is otherwise in violation of V.T.C.A., Health and Safety Code section 431.081, as amended.
Acceptable to the health officer based on his determination as to conformance with appropriate standards and good public health practice.
A food service establishment where food is prepared for delivery to a customer, and from which this food is transported to the customer at a separate location where it is meant to be served and consumed; or
A mobile food vendor who is not the operator of a food service establishment, but who transports food prepared in a food service establishment to a customer at a separate location where it is meant to be served and consumed.
Without openings large enough for the entrance of insects or other vermin.
A catering establishment, restaurant or any other place in which food, containers or supplies are kept, handled, prepared, packaged or stored.
Those materials that maintain their original surface characteristics under prolonged influence of the food to be contacted, the normal use of cleaning compounds and bactericidal solutions, and other conditions of the use environment.
Surfaces are readily accessible and made of such materials and finish and so fabricated that residue may be effectively removed by normal cleaning methods.
An individual having supervisory or management duties and any other person working in a food establishment, operating a mobile food vending unit or working in connection with a food vending machine operation.
Stoves, ovens, ranges, hoods, slicers, mixers, meat blocks, tables, counters, refrigerators, sinks, dishwashing machines, steam tables and similar items other than utensils, used in the operation of a food establishment.
Any raw, cooked, or processed edible substance, ice, beverage or ingredient used or intended for use or for sale, in whole or in part, for human consumption.
Those surfaces of equipment and utensils with which food normally comes in contact, and those surfaces from which food may drain, drip, or splash back onto surfaces normally in contact with food.
A food service employee or volunteer who works with unpackaged food, food equipment or utensils, or food-contact surfaces.
Any place where food is prepared and intended for individual portion service, and includes the site at which individual portions are provided. The term includes any such place regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. The term also includes delicatessen-type operations that prepare sandwiches intended for individual portion service. The term does not include private homes where food is prepared or served for individual family consumption, retail food stores, food products establishments, the locations of food vending machines and supply vehicles.
The health officer of the city or his authorized representative, the city sanitarian, or any person authorized by the health officer of the city.
A container designed and intended to be secure against the entry of microorganisms and to maintain the commercial sterility of its contents after processing.
All multiuse utensils other than tableware.
Includes federal, state and local statutes, ordinances and regulations.
A device designed to heat, cook or dry food through the application of electromagnetic energy at frequencies assigned by the Federal Communications Commission in the normal ISM heating bands ranging from 890 megahertz to 6,000 megahertz. The term applies only to those microwave ovens manufactured for use in homes, food establishments, food-vending areas or intrastate or interstate carriers and similar facilities.
The presence of any written, printed, or graphic matter upon or accompanying food or containers of food, including signs or placards displayed in relation to such products, which is false or misleading or which violates any applicable federal, state or local labeling requirements.
A person who:
Travels by any conveyance or walks from place to place transporting food and offering the same for consumption with or without charge;
Without traveling from place to place, offers food for consumption with or without charge from any conveyance;
Solicits orders and as a separate transaction, makes deliveries of food products to purchasers; or
Delivers food from a fixed location outside the city to food establishments located inside the city.
The term does not include persons making deliveries of food from a food establishment operated by them or their employees to another food establishment nor does it include persons who cater food from a food service establishment operated by them or their employers. |
A not-for-profit corporation organized pursuant to the laws of the state, and operating under current Articles of Incorporation on file with the Texas Secretary of State’s office, and in good standing.
Bottled, canned, cartoned or securely wrapped.
The individual present in a food establishment or operating a mobile food unit who is the apparent supervisor of the food establishment or operation at the time of inspection. If no individual is the apparent supervisor, then any employee present is the person in charge.
Any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustaceans, or other ingredients, including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does not include clean, whole, uncracked, odor-free shell eggs or foods which have a pH level of 4.5 or below or a water activity (Aw) value of 0.85 or less.
Fresh fruit and vegetables.
Food products produced by recombining dehydrated food products with water or other liquids.
The state and/or local enforcement authority or authorities having jurisdiction over the food establishment, or those determined by the commissioner of health of the state as having jurisdiction. The term includes the health officer of the city or his authorized representative.
Any establishment or section of any establishment where food and food products are offered for sale to the ultimate consumer and intended for off-premises consumption. The term shall not include establishments which handle only prepackaged, nonpotentially hazardous foods, food service establishments, the locations of food vending machines, or food products establishments.
Articles manufactured from or composed of materials that may not reasonably be expected to result, directly or indirectly, in their becoming a component or otherwise affecting the characteristics of any food. If materials are food additives or color additives as defined in section 201(s) or (t) of the Federal Food, Drug and Cosmetic Act as used, they are “safe” only if they are used in the conformity with regulations established pursuant to section 409 or section 706 of the act. Other materials are “safe” only if, as used, they are not food additives or color additives as defined in section 201(s) or (t) of the Federal Food, Drug and Cosmetic Act.
Effective bactericidal treatment by a process that provides enough accumulative heat or concentration of chemicals for enough time to reduce the bacterial count, including pathogens, to a safe level on utensils and equipment.
Free of cracks or other openings that permit the entry or passage of moisture.
Cups, containers, lids, closures, plates, knives, forks, spoons, stirrers, paddles, straws, napkins, wrapping materials, toothpicks and similar articles intended for one-time, one-person use and then discarded.
All multiuse eating and drinking utensils including flatware (knives, forks and spoons).
A food establishment that operates at a fixed location for a period of time of not more than 14 consecutive days in conjunction with a single event or celebration.
Movement of food within the food establishment or delivery of food from that establishment to another place while under the control of the person in charge of the establishment.
Any implement used in the storage, preparation, transportation or service of food.
Any self-service device which, upon insertion of a coin, paper currency, token, card or key, dispenses unit servings of food, either in bulk or in packages, without the necessity of replenishing the device between each vending operation. It shall also include self-service dispensers equipped for coin, paper currency, token, card or key operation and optional manual operation. Unless otherwise stated, vending machine includes controlled location vending machines.
The cleaning and sanitizing of food contact surfaces of all equipment and utensils.
(1996 Code, sec. 46-51; Ordinance 219 adopted 8/24/11)