This article shall be titled “Food Establishment Code
of the Waco-McLennan County Public Health District.”
(Ordinance 090106, sec. 2, adopted 1/6/2009; Ordinance adopted 5/3/2016)
In addition to the definitions found in the Texas Food Establishment
Rules, the following words and terms, when used in this article, shall
have the following meanings, unless the context clearly indicates
otherwise:
The department of state health services.
In addition to the definition found in the Texas Food Establishment
Rules, a food establishment includes an establishment that contains
more than 100 square feet of display space of commercially prepackaged
food products, or licensed child care centers that care for seven
(7) or more children and which prepare food for consumption by the
children other than ready-to-eat food for snacks and drinks.
Food kept in a solid frozen state in cooling equipment that
maintains an air temperature of zero degrees Fahrenheit or below,
except for defrost cycles and brief periods of loading or unloading
from the cooling equipment when the food temperature shall not exceed
41 degrees Fahrenheit.
An organization with a 501(c)(3) exemption or an exemption
as a “church” in section 170(b)(1)(A)(I) of the Internal
Revenue Code.
The Waco-McLennan County Public Health District.
Time/temperature controlled for safety food as defined in
the Texas Food Establishment Rules (formerly potentially hazardous
food).
(Ordinance 090106, sec. 3, adopted 1/6/2009; Ordinance adopted 5/3/2016)
A violation of this article shall be a misdemeanor, and the penalty for violating this article shall be a fine in accordance with section 1.01.009 of this code, and each day a violation exists shall be a separate offense.
(Ordinance 090106, sec. 15, adopted 1/6/2009; Ordinance adopting Code; Ordinance adopted 5/3/2016)
For the purpose of regulating retail food service and retail
food service establishments, the department of state health services
Texas Food Establishment Rules as currently promulgated by DSHS or
hereafter amended, copies of which are on file with the office of
the city secretary, are hereby adopted and made a part of the code
as if fully set out herein, and the provisions thereof shall govern
all matters covered therein within the city, except those provisions
which may be in conflict with other provisions of the code or state
law. If any provision of this article conflicts with another provision
of this code, the more stringent provision shall apply.
(Ordinance 090106, sec. 1, adopted 1/6/2009; Ordinance adopted 5/3/2016)
Food service establishments that do not have facilities for
the proper cleaning and sanitizing of utensils and food equipment
shall not be allowed to prepare, package, or dispense any type of
unpackaged food (other than raw and uncut fruits and vegetables) or
any TCS food or beverages.
(Ordinance 090106, sec. 4, adopted 1/6/2009; Ordinance adopted 5/3/2016)
All food transported or delivered from a food establishment
to another place shall be protected from contamination by the use
of packaging or covered containers with lids, except for raw, uncut
fruits and vegetables. All food and food equipment being transported
shall meet the applicable requirements of the food establishment rules
relating to food protection, food storage, and food temperatures.
Food and food equipment may not be transported exposed or open to
the elements. The compartment or area inside the vehicle that the
food and food equipment is being transported in shall be kept clean,
free of accumulation of dust, dirt, food particles, and any other
debris. All surfaces of the compartment are to be smooth, durable,
nonporous, and easily cleanable. Articles not associated with the
food and food equipment being transported are not to be stored in
the same compartment containing the food and food equipment.
(Ordinance 090106, sec. 5, adopted 1/6/2009; Ordinance adopted 5/3/2016)
Restroom facilities, if provided for customers, or required
to be provided by law, must meet all of the provisions of the food
establishment rules for restrooms, toilets, and hand wash facilities.
Customers may not enter food preparation, food storage, ware-washing,
and security sensitive areas of the food establishment to gain access
to restroom facilities.
(Ordinance 090106, sec. 6, adopted 1/6/2009; Ordinance adopted 5/3/2016)
Hand wash signs shall be posted and maintained to be easily
readable at all hand wash sinks and restroom facilities used by employees
of a food establishment. When hand wash facilities are not available
at a bulk food display and self-service area, customers, upon request,
are permitted access to handwashing facilities located in employee
restrooms, provided that access to employee restrooms does not allow
customers into unauthorized areas such as food preparation, ware-washing,
and security sensitive areas.
(Ordinance 090106, sec. 7, adopted 1/6/2009; Ordinance adopted 5/3/2016)
In addition to the requirements set forth in the Texas Food
Establishment Rules and by the regulatory authority, vehicles used
for and as a mobile food establishment or roadside vendor shall comply
with the following:
(1)
Identification.
Each vehicle permitted as a mobile food
establishment or roadside vendor shall have printed on each side of
the vehicle the name of the owner or the assumed name under which
the owner operates, together with the owner’s telephone number.
That lettering shall be not less than 2 inches in height and not less
than 5/16 stroke in width. The lettering must be maintained and legible
at all times. The lettering shall be made in a permanent and durable
material or manner. If faded or chipped, the lettering shall be replaced
or repaired.
(2)
Permit required.
A valid food permit from the regulatory
authority and a valid city mobile food establishment permit is required
for each vehicle or mobile unit. The permit must be visible to customers
and inspectors at all times. If a mobile food establishment operates
its own central preparation facility, the central preparation facility
must be permitted separately.
(3)
Cleanliness of vehicles.
All vehicles shall be reasonably
free of dirt or rubbish and maintained in a clean and sanitary condition.
The compartment(s) of the vehicle carrying food and food equipment
and the food contact surfaces and nonfood-contact surfaces of the
food equipment used in and with the vehicle shall be maintained and
cleaned in accordance with the Texas Food Establishment Rules.
(4)
Responsibilities of drivers.
Drivers and assistants
with the drivers are to adhere to the same requirements as a food
employee and have in their possession a valid food handler certificate.
The driver is responsible for maintaining the cleanliness of the vehicle
and food equipment as often as is necessary while on duty.
(5)
Food equipment.
Food equipment shall meet same design
criteria and temperature criteria as a regular food establishment.
The vehicle shall be equipped with a permanent power supply for the
food equipment used for heating, cooking, cooling, refrigeration,
freezing and holding of hot and cold foods. Plug-in adapters to cigarette
lighters are not allowed.
(6)
Additional requirements.
Mobile food establishments
and roadside vendors, including snow cone stands, that prepare food
on the vehicle or on location must also:
(A)
Comply with all requirements of a food establishment, including hand
wash and dishwashing sinks, cleaning operations, hot water, and pest
control.
(B)
Have a letter of permission from the owner of the property upon which
the sales are to take place to operate from that location.
(C)
Have a letter of permission from the owner of that property or immediately
adjacent to the property for use of restroom facilities.
(D)
Comply with employee food education requirements for food handlers
and food managers as appropriate.
(Ordinance 090106, sec. 8, adopted 1/6/2009; Ordinance adopted 5/3/2016; Ordinance 210706 adopted 7/6/2021)
Provided it is operated in full compliance with the provisions
of this article, the regulatory authority, and the Texas Food Establishment
Rules, a temporary food establishment permit or a city mobile food
establishment permit is not required for events or celebrations that
meet one of the following conditions:
(1)
The
event is exclusively for specific identified participants of a specific
group or membership and not open to the general public.
(2)
The
meeting, function, event, or celebration is catered from a permitted
food establishment and does not require further food preparation on-site.
(3)
The
event is operated on the physical property of a permitted food establishment
by the permitted food establishment with support facilities for food
services operations available for use within the permitted food establishment.
(4)
A
fundraiser for nonprofit organizations is supervised by a certified
food manager or by a minimum of two individuals with food safety certification
who must be in charge and have authority and responsibility to correct
problems or violations.
(5)
A
bake sale is conducted for a nonprofit organization consisting of
only nonperishable foods, such as cakes and cookies, but not including
pies.
(6)
The
event provides only commercially prepackaged foods and beverages or
dispensed beverages and no TCS foods or beverages.
(7)
The
event provides only whole, uncut, fresh fruits and vegetables.
(8)
The
food and beverages are provided by a mobile vendor permitted by the
regulatory authority.
(Ordinance 090106, sec. 9, adopted 1/6/2009; Ordinance adopted 5/3/2016; Ordinance 210706 adopted 7/6/2021)
If an establishment requires a reinspection for failure of the establishment to provide immediate correction of inspection report items or imminent health hazards, failure to correct specific violations identified from any previous inspection, or when the total cumulative demerit values of an inspection report exceeds thirty (30) demerits, a reinspection fee will be charged in the amount set out in the fee schedule [section 6.04.016]. Failure to pay the fee to the regulatory authority office before the reinspection is due, or within five (5) calendar days in the case of the imminent health hazards or priority item violations, is a violation of this article.
(Ordinance 090106, sec. 10, adopted 1/6/2009; Ordinance adopted 5/3/2016)
(a)
Food establishment employees.
(1)
A food handler certificate must be obtained by any person employed
in a food establishment with duties that require the individual:
(2)
Any person required to obtain a food handler certificate must do
so within thirty (30) calendar days of employment. The permit holder
or person in charge of a food establishment is responsible to ensure
that an individual has obtained the food handler certificate within
the required time period.
(3)
Persons not required to obtain a food handler certificate are persons
whose only duty is to:
(A)
Cashier;
(B)
Assist customers in carry-out of food items;
(C)
Provide direct delivery of a food order;
(D)
Assist children and infants with their foods or meals at a child
care center;
(E)
Volunteer at a temporary event or temporary fundraiser; or
(F)
A person at a food establishment who volunteers for a particular
event or project no more than once a month.
(4)
Persons possessing a food manager certification accredited by DSHS
or the American National Standards Institute (“ANSI”)
are not required to obtain a food handler certificate.
(5)
Food establishments selling only prepackaged foods and that do not
dispense foods and beverages are not required to have employees with
food manager or food handler certificates.
(6)
To receive a food handler certificate, a person must pay a fee and
successfully complete the training class either over the internet
or in an instructor-conducted class. The primary purpose of the class
is to orient the person to food establishment operations, sanitation,
and employee practices. It is not a substitute for extensive training,
which is the responsibility of each food establishment’s permit
holder, manager, or supervisor.
(7)
If a person holding a food handler certificate does not demonstrate
acceptable personal hygiene, food handling, or food safety practices
to the satisfaction of the regulatory authority, the person may be
required to retake the class within seven (7) calendar days.
(8)
Food handler certificates must be on display in a conspicuous location
at the food establishment or readily available for review by the health
inspector.
(9)
Food handler certificates are valid for two years. Renewal requirements
are the same as that for the original certification.
(10)
A child care food handler certificate may not be substituted for
the food handler certificate in any food establishment.
(b)
Food managers.
(1)
All permanent and mobile food establishments that prepare, cook,
serve, or hold TCS foods, packaged or unpackaged, shall have an individual
that possesses a valid food manager certification on duty at the food
establishment during the hours that the foods are handled, prepared,
cooked, or served. The certified food manager shall have authority
to oversee and implement procedures, requirements, instructions, and
other measures to provide for the safe storage, handling, preparation,
and serving of all food products and food equipment.
(2)
A person employed to serve as a food manager who does not possess
a food manager certificate must acquire the certificate within thirty
(30) calendar days of employment. The food establishment permit holder
or person in charge of the food establishment is responsible to ensure
that the person has obtained the required certificate within that
required time.
(3)
If a person holding a food manager certificate does not demonstrate
acceptable personal hygiene, food handling, or food safety practices
to the satisfaction of the regulatory authority, the person may be
required to retake the class.
(4)
Certification and recertification shall meet the criteria established
by Texas Health and Safety Code, chapter 438, subchapter G, and requirements
established by DSHS.
(5)
A person who possesses a valid food manager certification is not
required to obtain a food handler certificate.
(6)
Food establishments that provide only commercially prepackaged foods
(including limited heating, dispensing, and preparing by the consumer)
are not required to have a certified food manager.
(7)
A child-care center is not required to have a certified food manager.
(Ordinance 090106, sec. 11, adopted 1/6/2009; Ordinance adopted 5/3/2016)
Food from food establishments outside the regulatory authority
may be sold or served within the jurisdiction of the regulatory authority
if such food establishments conform to the provisions of this food
code and the Texas Food Establishment Rules, including permitting
and transportation requirements. A valid food establishment permit
from the regulatory authorities in another jurisdiction where such
food establishment is located must be presented to the regulatory
authority.
(Ordinance 090106, sec. 12, adopted 1/6/2009; Ordinance adopted 5/3/2016)
Food establishment permit requirements (including mobile, temporary,
and other):
(1)
Any
person desiring to operate a food establishment must make a written
application for a permit on forms provided by the regulatory authority.
Applications will remain valid for six months. If no permit is issued
within six months, a new application and applicable fee must be submitted.
(B)
If the application is for a temporary food establishment, it shall
also include the inclusive dates and times of the proposed operation.
(C)
Failure to provide all information requested by the regulatory authority
or providing false information may result in denial or revocation
of the permit. An incomplete application will not be accepted.
(2)
Renewals
of permits are required on an annual basis, except for temporary establishments.
(A)
It is the responsibility of the applicant, owner, permit holder,
or person in charge of each food establishment to renew the permit
before the expiration date of the permit.
(B)
The renewal must include any information that has changed from that
provided on the original application.
(C)
Any owner, permit holder, or person in charge may be required to
cease operations or temporarily close, if found operating without
a valid permit.
(3)
Prior
to the approval of an initial permit or the renewal of an existing
permit, the regulatory authority shall inspect the food establishment
to determine compliance with these regulations. A permit cannot be
issued or renewed if the food establishment has priority item or priority
foundation item violations, imminent health hazards, or previously
identified violations not corrected. A permit will not be issued,
renewed, or reissued if required permit fees have not been paid or
if any late or delinquency fees have not been paid.
(4)
Before
issuing a permit, the regulatory authority may require an applicant
to provide plans of the food establishment prior to construction,
extensive remodeling or conversion of an existing structure. The plans
must indicate the proposed layout, equipment arrangement, mechanical
plans, construction of materials of work areas, and the type and model
of proposed fixed equipment and facilities.
(5)
The regulatory authority may charge and collect a fee for permits and permit renewals at the time of application in accordance with the approved fee schedule [section 6.04.016].
(A)
Failure to submit an application with the required fee for a temporary
food establishment at least five working days prior to the event or
celebration will result in the assessment of a late fee double the
amount of the normal fee amount.
(6)
A
food establishment, except for a temporary food establishment, is
not required to obtain more than one permit for each location. Food
establishments operating at one location with a different management,
ownership, or franchise are required to obtain separate permits. Permits
are required for each temporary establishment at each location.
(7)
A
permit shall be for a specific food establishment at a specific location.
Permits are not transferable from location to location, except for
mobile and roadside food establishments.
(8)
If
an application for a permit is denied, the regulatory authority shall
send written notice to the permit applicant of the reasons for such
denial. The denial may be appealed in the same manner as the revocation
of a permit.
(Ordinance 090106, sec. 13, adopted 1/6/2009; Ordinance adopted 5/3/2016)
(a)
Suspension of permit.
A permit may be suspended temporarily
by the regulatory authority for failure of the permit holder or person
in charge of the food establishment to comply with the requirements
of these regulations.
(1)
Whenever a permit holder or person in charge of the food establishment
has failed to comply with any notice issued under the provisions of
these regulations, the permit holder or person in charge of the food
establishment shall be notified in writing that the permit is immediately
suspended upon service of the notice and that all food service operations
of the affected food establishment must immediately cease.
(2)
Whenever the regulatory authority determines in its sole judgment
that conditions in the operation of the food establishment which in
its judgment constitute a substantial or imminent health hazard, the
regulatory authority may issue a written notice to the permit holder
or person in charge of the food establishment citing such conditions,
specifying the corrective actions to be taken, and, if deemed necessary,
stating that the permit is suspended and that all food service operations
of the affected food establishment must immediately cease.
(3)
Any permit holder or person in charge of a food establishment to
whom a suspension notice is issued shall comply immediately therewith.
(4)
The holder of the suspended permit will be provided with an opportunity
for a hearing if a written request for a hearing is filed with the
regulatory authority no later than the fifth calendar day after receipt
of the notice of the suspension. A request for a hearing does not
relieve the permit holder of the duty to comply with the suspension
fully and continuously until the date of the hearing. If a hearing
is not requested as provided herein, the permit holder shall fully
and continuously comply with the suspension order until the permit
is reinstated.
(b)
Reinstatement of suspended permit.
Any permit holder
or person in charge of a food establishment for which the permit has
been suspended, after making all corrections, may request a reinspection
to be performed during normal business hours of the regulatory authority
for the purpose of determining if the permit shall be reinstated.
(1)
A reinspection fee in accordance with the approved fee schedule [section 6.04.016] must be paid to the office of the regulatory authority before the reinspection will be performed.
(2)
The regulatory authority will arrange a time with the permit holder
or person in charge of the food establishment to perform the reinspection.
(3)
If the permit holder or person in charge of the food establishment
is found to have complied with the requirements of these regulations,
the permit shall be reinstated.
(c)
Revocation of permit.
For serious or repeated health
hazards and violations of any of the requirements of these regulations,
or for interference with the regulatory authority in the performance
of its duties, the permit may be revoked.
(1)
Prior to revocation, the regulatory authority shall notify the permit
holder in writing, stating the reasons for which the permit is subject
to revocation and advising that the permit shall be revoked on the
fifth calendar day after service of such notice unless a written request
for a hearing is filed with the regulatory authority by the permit
holder no later than the fifth calendar day period after receipt of
the notice.
(2)
A permit may be suspended pending its revocation or revocation hearing
or hearing relative to thereto.
(d)
Notice of appeal.
(1)
The initial decision and notice by an inspector to suspend or revoke
a permit may be appealed to the supervisor over the inspector by giving
written notice to the supervisor no later than the fifth calendar
day after receipt of the written notice of the decision. The supervisor
may uphold, reverse, or modify the decision of the inspector. If an
appeal is not filed as provided herein, the decision of the inspector
is final and no further appeal will be considered.
(2)
The initial denial of a permit, or the decision of the supervisor over the inspector following an appeal of the inspector’s decision to suspend or revoke a permit as provided in subsection (1) above, may be appealed to the director of the regulatory authority by filing a written notice of appeal with the director no later than the fifth day after receipt of written notice of the initial or appeal decision. The director of the regulatory authority may uphold, reverse, or modify the decision to deny, suspend or revoke the permit. If an appeal is not filed as provided herein, the initial or appeal decision is final and no further appeal will be considered.
(3)
The decision of the director may be appealed to the city by filing
notice of the appeal with the city no later than the fifth calendar
day after receipt of written notice of the director’s decision.
The city may uphold, reverse, or modify the decision of the director.
If an appeal is not filed as provided herein, the decision of the
director is final and no further appeal will be considered.
(4)
The decision of the city is final.
(e)
Hearings.
(1)
A hearing provided for in this section shall be conducted at a time
and place designated by the party conducting the hearing. A hearing
shall be conducted as soon as possible after a written request for
a hearing.
(2)
Based upon the record and information and evidence presented during
the hearing and these regulations, the party conducting the hearing
shall make a finding and shall either uphold, reverse, or modify the
prior decision to deny, suspend or revoke the permit.
(3)
Written notice of the hearing decision shall be furnished to the
permit holder.
(4)
If the decision results in revocation of the permit, the permit holder
may not apply for the new permit for one calendar year from the date
of the decision at any location within the jurisdiction of the regulatory
authority.
(f)
Counting days.
When counting the calendar day time period
specified in this section, if the final day is a Saturday, Sunday,
or holiday for the regulatory authority, then the time period ends
on the next day that is not a Saturday, Sunday, or holiday for the
regulatory authority. In determining a date that occurs after a certain
event, the first day to be counted is the calendar day after the day
of the event.
(Ordinance 090106, sec. 14, adopted 1/6/2009; Ordinance adopted 5/3/2016)
(a)
Permit
fees (renewed annually using same fee schedule):
(1)
Seating capacity:
|
Seating Capacity
|
|
|---|---|
|
1–30
|
$100.00
|
|
31–100
|
$200.00
|
|
101 or more
|
$325.00
|
(2)
If no seating in food establishment, fee based on square footage
of building:
|
Less than 2,500 square feet
|
$100.00
|
|
2,501–10,000 square feet
|
$200.00
|
|
10,001 or more square feet
|
$325.00
|
(3)
Mobile food vendor: $250.00 per vehicle/unit.
(A)
The city mobile food vendor permit fee will be waived for mobile
units owned and operated by a permitted food establishment that pays
sales tax to the city. A permit is still required.
(4)
School food service: Based on square footage of kitchen/food operation
areas only.
(5)
Late payment fee: $10.00 per month.
(6)
Reinspection fee: $50.00.
(7)
Reinstatement of suspended permit: $50.00.
(b)
No
fee for a permit is required for food establishments that are 501(c)(3)
nonprofit organizations or a religious organization defined as a church
in section 170(b)(1)(A)(I) of the Internal Revenue Code.
(c)
Food
safety class (for food employees): $20.00 per student.
(d)
Child
care food worker class: $20.00 per student.
(e)
Child
care food manager class: $40.00 per student.
(f)
Food
manager certification course: $95.00 per student.
(g)
Duplicate
copy of any food class certificate: $1.00.
(h)
Copy
of the Texas Food Establishment Rules (TFER) (one complimentary copy
provided per establishment): $10.00.
(i)
Heimlich
Maneuver poster (one complimentary poster provided per establishment):
$5.00.
(Ordinance adopted 7/6/2004; Ordinance adopted 5/3/2016; Ordinance 210706 adopted 7/6/2021)
