(a)
The
definitions; the inspection of food service establishments; the issuance,
suspension and revocation of permits to operate food service establishments;
the prohibiting of the sale of unsound or mislabeled food or drink;
and the enforcement of this division shall be regulated in accordance
with the department of state health services’ Food Establishment
Rules; provided that the word “municipality” shall be
understood to refer to the City of Petersburg, Texas, and the words
“regulatory authority” shall be understood to refer to
the Plainview/Hale County city/county health board.
(b)
The
provisions of this division shall apply to all food service establishments,
retail food stores, mobile food units, and roadside vendors operating
within the corporate limits of the city.
(Ordinance 230F, sec. 31, adopted 3/6/95; Ordinance adopting Code)
Any person or organization who is selling any products intended
for human consumption.
Shall have the meanings assigned to those terms by the rules
adopted by the state board of health under the Texas Food, Drug and
Cosmetic Act (V.T.C.A., Health and Safety Code, chapter 431).
Any person or persons who oversee, direct, supervise, or
control the operation of a restaurant, dining room, snack bar or any
other business or facility that sells items or products intended for
human consumption.
(Ordinance 230F, sec. 32, adopted 3/6/95)
(a)
The
annual permit fee for a food service establishment or retail food
store establishment shall be seventy-five dollars ($75.00).
(b)
The
annual permit fee for food sellers shall be fifty dollars ($50.00).
A seasonal permit, for those food sellers in operation three (3) months
to two (2) weeks, shall be twenty-five dollars ($25.00). The permit
fee for those food sellers who are temporary, that being in operation
for two weeks or less out of the calendar year, shall be fifteen dollars
($15.00).
(c)
The
permit fee for those establishments which are seasonal, that being
in operation from three (3) months to two (2) weeks out of the calendar
year, shall be thirty dollars ($30.00).
(d)
The
permit fee for those establishments which are temporary, that being
in operation for two weeks or less out of the calendar year, shall
be fifteen dollars ($15.00).
(e)
All
managers of food service establishments or retail food stores shall
be required to purchase a food manager’s permit at a cost of
twenty-five and no/100 dollars ($25.00) annually. If said food manager
has attended a recognized food manager’s workshop sponsored
by the city/county health department or the department of state health
services within the last six (6) years, then the fee shall be reduced
to five and no/100 dollars ($5.00) annually.
(f)
The
above fees and schedules are subject to change as recommended by the
city/county health department and ratified by ordinance by the city
council.
(Ordinance 230F, sec. 34, adopted 3/6/95)
(a)
Permits, licenses or certificates.
(1)
Required; transfer; posting.
No person shall operate
a food service establishment who does not have a valid permit, license
or certificate issued to him by the regulatory authority. Only a person
who complies with the requirements of this division shall be entitled
to receive or retain such a permit, license or certificate. Permits,
licenses or certificates are not transferable. A valid permit, license
or certificate shall be posted in every food service establishment.
(2)
Issuance.
(A)
Any person desiring to operate a food service establishment shall
make written application for a permit, license or certificate, on
forms provided by the regulatory authority. Such application shall
include the name and address of each applicant, the location and type
of the proposed food service establishment, and the signature of each
applicant.
(B)
Prior to approval of an application for a permit, license or certificate,
the regulatory authority shall inspect the proposed food service establishment
to determine compliance with the requirements of this division.
(C)
The regulatory authority shall issue a permit, license or certificate
to the applicant if its inspection reveals that the proposed food
service establishment complies with the requirements of this division.
(D)
Food service establishments that contain a deli shall be afforded
the opportunity to purchase a separate permit for the deli portion
of their business.
(3)
Suspension.
(A)
The regulatory authority may, without warning, notice or hearing, suspend any permit, license or certificate to operate a food service establishment if the holder of the permit, license or certificate does not comply with the requirements of this division, or if the operation of the establishment does not comply with the requirements of this division, or if the operation of the food service establishment otherwise constitutes a substantial hazard to public health. Suspension is effective upon service of the notice required by subsection (a)(3)(B) of this section. When a permit, license or certificate is suspended, the holder of the permit, license or certificate shall be afforded an opportunity for a hearing within twenty (20) days of receipt of a request for hearing.
(B)
Whenever a permit, license or certificate is suspended, the holder
of the permit, license or certificate, or the person in charge, shall
be notified in writing that the permit, license or certificate 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,
license or certificate within ten (10) days. If no written request
for hearing is filed within ten (10) days, the suspension is sustained.
The regulatory authority may end the suspension at any time if reasons
for suspension no longer exist.
(4)
Revocation.
The regulatory authority may, after providing
opportunity for a hearing, revoke a permit, license or certificate
for serious or repeated violations of any of the requirements of this
division 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, license or certificate, or
the person in charge, in writing, of the reason for which the permit,
license or certificate is subject to revocation and that the permit,
license or certificate 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 regulatory authority by the holder of the permit,
license or certificate within such ten-day period. If no request for
hearing is filed within the ten-day period, the revocation of the
permit, license or certificate becomes final.
(5)
Service of notices.
A notice provided for in this division
is properly served when it is delivered to the holder of the permit,
license or certificate, 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, license or certificate.
A copy of the notice shall be filed in the records of the regulatory
authority.
(6)
Hearings.
The hearings provided for in this division
shall be conducted by the regulatory authority at a time and place
designated by it. Based upon the recorded evidence of such hearing,
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, license or certificate by the regulatory authority.
(7)
Application after revocation.
Whenever a revocation
of a permit, license or certificate has become final, the holder of
the revoked permit, license or certificate may make written application
for a new permit, license or certificate.
(b)
Inspections.
(1)
Frequency.
An inspection of a food service establishment
shall be performed at least once every six (6) months. Additional
inspections of the food service establishment shall be performed at
often as are necessary for the enforcement of this division.
(2)
Access.
Agents of the regulatory authority, after proper
identification, shall be permitted to enter any food service establishment
at any reasonable time for the purpose of making inspections to determine
compliance with this division. The agents shall be permitted to examine
the records of the establishments to obtain information pertaining
to food and supplies purchased, received or used, or to persons employed.
(3)
Report of inspections.
Whenever an inspection of a food service establishment or commissary is made, the findings shall be recorded on the inspection report form set out in subsection (b)(5) of this section. The inspection report form shall summarize the requirements of this division and shall set forth a weighted point value for each requirement. Inspectional remarks shall be written to reference, by section number, the section violated and shall state the correction to be made. The rating score of the establishment shall be the total of the weighted point values for all violations, subtracted from one hundred (100). A copy of the inspection report form shall be furnished to the person in charge of the establishment at the conclusion of the inspection. The completed inspection report form is a public document that shall be made available for public disclosure to any person who requests it according to law.
(4)
Correction of violations.
(A)
The inspection report form shall specify a reasonable period of time
for the correction of the violations found, and correction of the
violations shall be accomplished within the period specified in accordance
with the following provisions:
(i)
If an imminent health hazard exists, such as complete lack of
refrigeration or sewage backup into the establishment, the establishment
shall immediately cease food service operations. Operations shall
not be resumed until authorized by the regulatory authority.
(ii)
All violations of four- or five-point violations have been corrected.
A follow-up inspection shall be conducted to confirm correction.
(iii)
All one- or two-point weighted items shall be corrected as soon
as possible, but, in any event, by the time of the next routine inspection.
(iv)
When the rating score of the establishment is less than seventy
(70), the establishment shall initiate corrective action on all identified
violations within forty-eight (48) hours. One or more shall be conducted
at reasonable time intervals to assure correction. There shall be
a twenty-five and no/100 dollars ($25.00) charge for any reinspection
deemed necessary due to violations of the nature cited in this section.
(v)
In the case of temporary food service establishments, all violations
shall be corrected within twenty-four (24) hours. If violations are
not corrected within twenty-four (24) hours, the establishment shall
immediately cease food service operations until authorized to resume
by the regulatory authority.
(B)
The inspection report shall state that failure to comply with any
time limits for corrections may result in cessation of food service
operations. An opportunity for appeal from the inspection findings
and time limitations will be provided if a written request for a hearing
is filed with the regulatory authority within ten (10) days following
cessation of operations. If a request for a hearing is received, a
hearing shall be held within twenty (20) days of receipt of that request.
(C)
Whenever a food service establishment is required under the provisions
of this section to cease operations it shall not resume operations
until such time as a reinspection determines that conditions responsible
for the requirement to cease operations no longer exist. Opportunity
for reinspection shall be offered within a reasonable time.
(5)
Inspection report form.
An inspection report form based
on the requirements of this division is on file in the office of the
city secretary.
(c)
Examination and condemnation of food.
Food may be examined
or sampled by the regulatory authority as often as necessary for enforcement
of this division. The regulatory authority may, upon written notice
to the owner or person in charge specifying with particularity the
reasons therefor, place a hold order on any food which it believes
is in violation of the Texas Food Establishment Rules, or any other
section of this division. The regulatory authority shall tag, label
or otherwise identify any food subject to the hold order. No food
subject to a hold order shall be used, served or moved from the establishment.
The regulatory authority shall permit storage of food under conditions
specified in the hold order, unless storage is not possible without
risk to the public health, in which case immediate destruction shall
be ordered and accomplished. The hold order shall state that a request
for hearing may be filed within ten (10) days and that if no hearing
is requested the food shall be destroyed. A hearing shall be held
if so requested, and, on the basis of evidence produced at the hearing,
the hold order may be vacated, or the owner or person in charge of
the food may be directed by written order to denature or destroy such
food or to bring it into compliance with the provisions of this division.
(d)
Review of plans.
(1)
Submission of plans.
Whenever a food service establishment
is constructed or extensively remodeled and whenever an existing structure
is converted to use as a food service establishment, properly prepared
plans and specifications for such construction, remodeling or conversion
shall be submitted to the regulatory authority for review and approval
before construction, remodeling or conversion is begun. The plans
and specifications shall indicate the proposed layout, arrangement,
mechanical plans and construction materials of work areas, and the
type and model of proposed fixed equipment and facilities. The regulatory
authority shall approve the plans and specifications to assure that
they meet the requirements of this division. No food service establishment
shall be constructed, extensively remodeled or converted except in
accordance with plans and specifications approved by the regulatory
authority.
(2)
Pre-operational inspection.
Whenever plans and specifications are required by subsection (d)(1) of this section to be submitted to the regulatory authority, the regulatory authority shall inspect the food service establishment prior to its beginning operation to determine compliance with the approved plans and specifications and with the requirements of this article.
(e)
Procedure when infection is suspected.
(1)
General.
When the regulatory authority has reasonable
cause to suspect the possibility of disease transmission from any
food service establishment employee, it may secure a morbidity history
of the suspected employee or make any other investigation as may be
indicated and shall take appropriate action. The regulatory authority
may require any or all of the following measures:
(A)
The immediate exclusion of the employee from all food service establishments;
(B)
The immediate closing of the food service establishment concerned
until, in the opinion of the regulatory authority, no further danger
of disease outbreak exists;
(C)
Restriction of the employee’s services to some area of the
establishment where there would be no danger of transmitting disease;
(D)
Adequate medical and laboratory examination of the employee, of other
employees and of his and their body discharges.
(f)
Form; food inspection report.
The inspection form can
be found on file in the office of the city secretary.
(Ordinance 230F, sec. 35, adopted 3/6/95; Ordinance adopting Code)
Any person who violates any provision of this article and any
person who is the permit holder of or otherwise operates a food service
establishment that does not comply with the requirements of this article
and any responsible officer of a permit holder who does not comply
with the requirements of this article shall be fined not more than
two hundred dollars ($200.00).
(Ordinance adopting Code)
The regulatory authority may seek to enjoin violations of this
article.
(Ordinance adopting Code)
