The purpose of this article is the protection of the public
health of the citizens and visitors of the city by establishing minimum
standards of sanitation for food establishments and mobile food units.
(Ordinance 6-25-01, sec. 1, adopted 6/25/01)
The city adopts by reference the provisions of the current rules
or rules as amended by the state board of health, regarding the regulation
of food establishments in this jurisdiction.
(Ordinance 6-25-01, sec. 2, adopted 6/25/01; Ordinance adopting Code)
Unless a provision explicitly states otherwise, the following
terms and phrases, as used in this article, shall have the meanings
hereinafter designated. If a word or term used in this article is
not contained in the following list, it shall have the definition
provided for such word or term in chapter 25 of the Texas Administrative
Code.
The employees of the regulatory authority.
A change of owner or operator of a food establishment business,
and does not refer to a change of owner of the building where a business
is located.
The director of the authorized agent and the director’s
authorized representatives.
Any type of construction of facilities and/or replacement
of equipment of an establishment permitted by the authorized agent
which:
Results in a final job cost of ten thousand dollars ($10,000.00)
or more.
Results in a significant modification of the operation or facilities
of the establishment (20% or greater of the area of the food establishment
is to be remodeled).
Requires a building permit from the department of development
of the city.
A food service establishment, a retail food store, a temporary
food establishment, a mobile food unit, and/or a roadside food vendor.
This includes day care centers licensed for more than 13 individuals
and residential facilities.
The director or employee of the regulatory authority.
A vehicle-mounted food service operation designed to be readily
movable.
The incorporated City of Yorktown, Texas.
A food that is natural or synthetic and that requires temperature
control because it is in a form capable of supporting the rapid and
progressive growth of infectious or toxigenic microorganisms; the
growth and toxin production of Clostridium botulinum; or, in raw shell
eggs, the growth of Salmonella enteritidis.
The Crossroads Public Health District.
An analysis using commonly known public health risks to determine
the degree of hazard a food establishment poses to the public.
The Texas Food Establishment Rules.
(Ordinance 6-25-01, sec. 3, adopted 6/25/01; Ordinance adopting Code)
The director of the authorized agent and the director’s
authorized representatives are authorized to administer, implement,
and enforce the provisions of this article and the provisions of the
Texas Health and Safety Code and the rules of the state board of health
relating to food, and to issue orders requiring compliance with same.
(Ordinance 6-25-01, sec. 4, adopted 6/25/01)
(a)
A
person may not operate a food establishment without a permit issued
by the regulatory authority. Permits are not transferable from one
person to another or from one location to another location, except
as otherwise permitted by this article. A valid permit must be posted
in or on every food establishment regulated by this article.
(b)
The
following types of establishments are exempt from the requirements
of this article, but not exempt from compliance with state rules:
(1)
Group homes;
(2)
Establishments selling only commercially packaged, non-potentially
hazardous foods;
(3)
Vending machines;
(4)
Private schools that do not have a kitchen; and
(5)
Facilities operated by nonprofit organizations for their members,
families, and invited guests. Facilities are not exempt when food
service is provided in conjunction with a day care facility, retirement
center, hospital, school, indigent feeding program or public fundraising
events.
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The regulatory authority may require any information necessary
to determine whether an organization or establishment meets the above
criteria.
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(Ordinance 6-25-01, sec. 5, adopted 6/25/01)
(a)
Application for permit.
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 and address 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.
(b)
Inspection of proposed establishment.
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.
(c)
Employee training.
Prior to the approval of an initial
permit, the authorized agent will provide a food safety in-service
for all employees of the food establishment at no cost.
(d)
Classification of permits.
Food establishment permits
shall be classified according to the duration of operation and location
of such operation.
(1)
The duration of a permit shall fall within one of three categories,
either annual, temporary, or seasonal, as follows:
(A)
Annual.
An establishment that operates throughout the
year.
(B)
Temporary.
An establishment that operates fourteen (14)
consecutive days or fewer, in conjunction with a special event.
(C)
Seasonal.
An establishment that operates more than fourteen
(14) consecutive days but less than one hundred eighty (180) days
each year, and not associated with a special event.
(2)
The location classification of a permit shall [fall] within one (1)
of two (2) categories, either fixed or mobile, as follows:
(A)
Fixed food establishments.
(i)
Food service establishment: restaurants, cafeterias, snack bars,
bakeries, snow cone stands, caterer’s commissaries, private
school cafeterias, halfway house food services, hospital kitchens/cafeterias,
institutional food services, etc., where food is prepared and served.
(ii)
Retail food stores handling prepackaged, potentially hazardous
foods.
(iii)
Retail food stores handling, processing or selling open foods.
(iv)
Food warehouses/wholesalers.
(v)
Farmers’ markets/produce stands.
(vi)
Bars/lounges.
(vii)
Bed and breakfast establishments.
(B)
Mobile food units.
(i)
Retail food unit handling prepackaged food.
(ii)
Retail food unit (including trailers, mobile barbeques, snow
cone units, etc.) handling, processing or selling open food. A separate
permit is required for each different type of mobile unit owned or
operated by an individual or company.
(iii)
Mobile produce unit.
(iv)
Mobile units selling meat, poultry, fish, seafoods or shellfish
for retail. Roadside vending of meat, poultry, fish, seafoods, or
shellfish shall not be permitted within the city limits.
(v)
Pushcarts.
(vi)
Catering units.
(e)
Charity bake sales.
Notwithstanding any provision of
this article to the contrary, food prepared in a kitchen of a private
home that is not licensed hereunder may be offered for sale for human
consumption without any food permit, subject to full compliance with
the following requirements:
(1)
The items offered for sale shall be limited to baked food products
that are not potentially hazardous;
(2)
The items are offered for sale at a function conducted by or under
the auspices of a sponsoring organization, which may be a school or
religious or nonprofit organization;
(3)
The sale shall not be conducted in a food establishment, except that
if the sponsoring organization is a food establishment, then the sale
may be conducted on its premises, provided that the sale is conducted
separately and apart from the sponsoring organization’s food
sales or service; and
(4)
The consumer is informed by a clearly visible placard at the sales
or service location that the food was prepared in a kitchen that is
not subject to regulation and inspection by the city or any other
health inspection agency. The person conducting the bake sale shall
provide the placard, which shall be in a form approved by the health
officer.
(Ordinance 6-25-01, sec. 6, adopted 6/25/01)
(a)
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. 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. 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.
(b)
Failure
to follow the approved plans and specifications will result in a permit
denial, suspension, or revocation.
(Ordinance 6-25-01, sec. 7, adopted 6/25/01)
(a)
A
permit holder shall ensure that the food establishment or mobile food
unit is in full compliance with this article at all times. The person
in charge shall ensure that the food establishment is operated in
full compliance with this article, that all food is stored, prepared,
displayed and served in accordance with the provisions of this article
and that food employees are trained in basic food safety principles.
(b)
The
authorized agent may through risk analysis determine the risk of every
food establishment. Based on the results of the risk analysis, the
authorized agent may:
(c)
Whenever
an inspection is made of a food establishment, the findings shall
be recorded on an inspection report form provided for this purpose,
and a copy of the inspection report shall be posted upon an inside
wall of the establishment. The inspection report so posted shall not
be defaced or removed by any person except the health officer. Another
copy of the inspection report shall be filed with the records of the
department.
(Ordinance 6-25-01, sec. 8, adopted 6/25/01)
In connection with any inspection program authorized to be conducted
pursuant to this article, the authorized agent may require that samples
of any food item or ingredient be provided by any person in possession
or custody thereof for laboratory inspection or analysis to determine
whether applicable standards imposed or adopted pursuant to law have
been complied with in the manufacture, packaging, labeling and preparation
thereof. All samples shall be used for inspection and analysis only,
and the authorized agent shall only require the surrender of those
quantities as may reasonably be required to obtain a valid sample
for the inspection or analysis that is to be performed. Upon request,
the authorized agent shall provide compensation for the sample at
the fair market value thereof.
(Ordinance 6-25-01, sec. 9, adopted 6/25/01)
The authorized agent is authorized and directed to take action
as may be reasonably necessary to protect the public health, safety
and welfare by condemning or initiating the condemnation of any food
or drug product or item of food equipment that may be used or held
with intent to sell, offer or expose for sale within the city that
is suspected to be adulterated or misbranded or expired pursuant to
applicable ordinances or state or federal laws, rules and regulations.
Expiration of ready-to-eat potentially hazardous food items that are
required to be time and date marked shall be determined from the date
markings. Pending disposition, the authorized agent may direct that
the product or item not be used or sold by causing the same to be
appropriately tagged if he finds upon diligent inquiry and inspection
that the product or item poses an immediate threat of danger to the
health, safety and welfare of the public and if the owner or person
in possession thereof is afforded the right of a public hearing thereon
within 24 hours, exclusive of Saturdays, Sundays and holidays observed
by the closure of city offices, before the director of public health
or his designee. The health officer may utilize the resources of all
available state, county or federal offices and agencies as necessary
or desirable in the prosecution of condemnation actions hereunder.
(Ordinance 6-25-01, sec. 10, adopted 6/25/01)
(a)
In
the event of an occurrence, such as a fire, flood, power outage, sewage
water backflow, extended interruption of water service, food-borne
disease outbreak, gross unsanitary occurrence or condition or similar
event, that might result in the contamination of food, or that might
prevent potentially hazardous food from being held at required temperatures,
the person in charge shall immediately discontinue operation and contact
the health officer. Upon receiving notice of this occurrence, the
health officer shall, consistent with the nature of the emergency
and the risks posed, take appropriate action as he deems necessary
to protect the public health.
(b)
When
the authorized agent finds any food establishment in a condition that
poses an imminent risk to the health or safety of the public or the
employees of the establishment, the authorized agent shall be authorized:
(1)
To post and maintain at the entrance of the food establishment notice
of the conditions therein, or to require the owner, operator, or person
in charge of the establishment to post and maintain at the entrance
of the establishment notice that the establishment is closed;
(2)
To close summarily such food establishment and prevent its use as
a food establishment until such unsanitary conditions have been removed
or abated and until it no longer endangers public health; and
(3)
To suspend summarily its food establishment permit.
(Ordinance 6-25-01, sec. 11, adopted 6/25/01)
(a)
The regulatory authority may, without warning, notice, or hearing, suspend any permit to operate a food establishment if the operation of the food establishment constitutes an imminent health hazard to public health. Imminent health hazard means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury based on the number of potential injuries and the nature, severity, and duration of the anticipated injury. 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 20 days of receipt of a request for a hearing.
(b)
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 days.
If no written request for hearing is filed within ten days, the suspension
is sustained. The regulatory authority may end the suspension at any
time if reasons for suspension no longer exist.
(Ordinance 6-25-01, sec. 12, adopted 6/25/01)
(a)
The
regulatory authority may, after providing 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 the ten 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 within such
ten-day period.
(b)
If
no request for hearing is filed within the ten-day period, the revocation
of the permit becomes final.
(Ordinance 6-25-01, sec. 13, adopted 6/25/01)
(a)
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. A copy of the
notice shall be filed in the records of the regulatory authority.
(b)
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 hearing, the regulatory authority shall make final
findings, 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 6-25-01, sec. 14, adopted 6/25/01)
(a)
All
provisions of this article shall be applicable to all food establishments
unless specifically limited to food processing establishments or to
food service establishments.
(b)
No
food service establishment or food processing establishment shall
be operated within the city unless it conforms with the requirements
of this article.
(c)
Any person who violates any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine in accordance with section 1.01.009 of this code. Each day a violation of this article continues shall constitute a separate offense. Provided, however, if a person is convicted of an offense under this article that also constitutes a violation of any other criminal provision of the laws of the state, the person shall be subject to the criminal penalties set out in the laws of the state for the offense.
(d)
Nothing
in this article shall be construed as requiring the health officer
to report minor violations of this article for prosecution whenever
the health officer believes the public interest will be adequately
served in the circumstances by a warning.
(e)
The
permit holder shall be the person in charge or shall designate a person
in charge and shall ensure that a person in charge is present at the
food establishment during all hours of operation.
(f)
The
regulatory authority may seek to enjoin violations of these rules.
(Ordinance 6-25-01, sec. 15, adopted 6/25/01)
(a)
The
following statutes, in their current form and as they may hereafter
be amended, are adopted and incorporated into this article as if they
were set forth at length herein:
(b)
The
following regulations adopted by the state board of health, in their
current form and as they may hereafter be amended, are adopted and
incorporated into this article as if they were set forth at length
herein. If there is a conflict between a rule and any section of this
article, the more restrictive provision shall apply.
(c)
The
authorized agent will assure that a current copy of each rules manual
will be kept on file in the office of the city secretary.
(Ordinance 6-25-01, sec. 16, adopted 6/25/01)
The fees for permits for food service establishments shall be
charged by the regulatory authority and shall be paid to and collected
at city hall.
(Ordinance 6-25-01 adopted 6/25/01; Ordinance adopting Code)
