(a)
Purpose and regulations:
(1)
The purpose of this division is to implement Texas Health and
Safety Code, chapter 437, Regulation of Food Service Establishments,
Retail Food Stores, Mobile Food Units, and Roadside Food Vendors.
(2)
The department adopts by reference the U.S. Food and Drug Administration
(FDA) Food Code 2022 (Food Code) and the Supplement to the 2022 Food
Code.
(3)
The department does not adopt by reference the following sections,
paragraphs, and subparagraph of the Food Code 3-202.13, 3-202.14(C),
3-202.18(A), 5-102.11, 5-102.13, 5-102.14, 5-104.11(B)(1), 6-101.11(B),
6-202.18, 8-201.11, 8-202.10, 8-203.10, 8-302.11–14, 8-303.10–30,
8-304.10, 8-304.20, 8-401.10, 8-401.20, 8-402.10, 8-402.20–40,
8-403.40, and 8-501.10–40, and the definitions for "accredited
program," "drinking water," "food establishment," "game animal," "general
use pesticide," "public water system," "regulatory authority," "safe
material," "service animal," and "vending machine location."
(b)
The following words and terms, when used in this division, shall
have the following meanings unless the context clearly indicates otherwise.
(1)
Accredited program.
Food manager certification
program that has been evaluated and listed by the department and conforms
to standards set by the department in 25 TAC § 229.172.
(2)
Adulterated food.
A food deemed to be adulterated
as specified in the Texas Health and Safety Code, § 431.081.
(3)
Bed and breakfast extended.
An establishment with
more than seven rooms for rent or an establishment that provides food
service other than breakfast to overnight guests.
(4)
Bed and breakfast food establishment.
A bed and
breakfast that provides food service to customers in addition to its
overnight guests.
(5)
Bed and breakfast limited.
An establishment that
has seven or fewer rooms for rent, serves breakfast to overnight guests,
and is not a retail food establishment.
(6)
Central preparation facility.
An approved and
permitted facility or space where food is prepared, stored, and packaged.
(7)
Child-care center.
Any facility licensed by the
regulatory authority to receive 6 or more children for child care
which prepares food for on-site consumption, excluding in-home day-cares.
(8)
Code of Federal Regulations (CFR).
Citations to
the CFR refer sequentially to the title, part, and section numbers,
such as 40 CFR 180.194 refers to title 40, part 180, section 194.
(9)
Common carrier.
An individual or business that
advertises to the public that it is available for hire to transport
people or property, including food, in exchange for a fee.
(10)
Cottage food production operation.
An individual,
operating out of the individual's home, who:
(A)
Produces at the individual's home:
(i)
A baked good that is not a time and temperature
control for safety food (TCS food), as defined in 25 TAC § 229.661(b)(13);
(ii)
Candy;
(iii)
Coated and uncoated nuts;
(iv)
Unroasted nut butters;
(v)
Fruit butters;
(vi)
A canned jam or jelly;
(vii)
A fruit pie;
(viii)
Dehydrated fruit or vegetables, including dried
beans;
(ix)
Popcorn and popcorn snacks;
(x)
Cereal, including granola;
(xi)
Dry mix;
(xii)
Vinegar;
(xiii)
Pickled fruit or vegetables, including beets
and carrots, that are preserved in vinegar, brine, or a similar solution
at an equilibrium pH value of 4.6 or less;
(xiv)
Mustard;
(xv)
Roasted coffee or dry tea;
(xvi)
A dried herb or dried-herb mix;
(xvii)
Plant-based acidified canned goods;
(xviii)
Fermented vegetable products, including products
that are refrigerated to preserve quality;
(xix)
Frozen raw and uncut fruit or vegetables; or
(xx)
Any other food that is not a TCS food, as defined
in 25 Tex. Admin. Code § 229.661(b)(13).
(B)
Has an annual gross income of $50,000.00 or less
from the sale of food described by subparagraph (A) of this paragraph;
(C)
Sells foods produced under subparagraph (A) of
this paragraph only directly to consumers; and
(D)
Delivers products to the consumer at the point
of sale or another location designated by the consumer.
(11)
Department.
The environmental health department
of the city.
(12)
Drinking water.
Traditionally known as "potable
water" and that meets the standards set forth in 30 TAC chapter 290,
subchapter F. Drinking water includes the term "water" except where
the term used connotes that the water is not potable, such as "boiler
water," "mop water," "rainwater," "wastewater," and "non-drinking
water."
(13)
Event.
A unique public gathering at which food
products are served and for which an appropriate regulatory authority
grants permission, whether by permit, license, or another official
written document.
(14)
Exotic animal.
Member of a species of game animals
not indigenous to this state, including axis deer, nilgai antelope,
red sheep, or other cloven-hoofed ruminant animals.
(15)
Festival.
A public celebration, entertainment
or series of performances of a certain kind, often held periodically.
(16)
Food establishment.
(A)
A food establishment is an operation that:
(i)
Stores, prepares, packages, serves, or vends food
directly to the consumer, or otherwise provides food for human consumption,
such as a restaurant, retail food store, satellite or catered feeding
location, catering operation if the operation provides food directly
to a consumer or to a conveyance used to transport people, market,
vending machine location, self-service food market, conveyance used
to transport people, institution, or food bank; and
(ii)
Relinquishes possession of food to a consumer
directly, or indirectly through a delivery service, such as home delivery
of grocery orders or restaurant takeout orders, or delivery service
that is provided by common carriers.
(B)
Food establishment includes:
(i)
An element of the operation, such as a transportation
vehicle or a central preparation facility that supplies a vending
location or satellite feeding location unless the vending or feeding
location is permitted by the regulatory authority; and
(ii)
An operation that is conducted in a mobile, stationary,
temporary, or permanent facility or location and where consumption
is on or off the premises regardless if there is a charge for the
food.
(C)
Food establishment does not include:
(i)
An establishment that offers only prepackaged foods
that are not TCS foods;
(ii)
A produce stand that only offers whole, uncut
fresh fruits and vegetables;
(iii)
A food processing plant, including one that is
located on the premises of a food establishment;
(iv)
A cottage food production operation;
(v)
A bed and breakfast limited as defined in this
division; or
(vi)
A private home that receives catered or home-delivered
food.
(17)
Game animals.
Wild animals that are indigenous
to this state and not amenable to the Texas Meat and Poultry Inspection
Act, Texas Health and Safety Code, chapter 433, for which the hunter
must obtain a hunting license from the Texas Parks and Wildlife Department
before hunting animals, such as white-tailed deer, mule deer, pronghorn
antelope, and big horn sheep.
(18)
General use pesticide.
A pesticide that is not
classified by the United States Environmental Protection Agency for
restricted use as specified in 40 CFR § 152.175 or is not
limited to use by or under the direct supervision of a certified applicator
licensed by the Texas Department of Agriculture or by the Texas Structural
Pest Control Service as applicable.
(19)
Grease trap or interceptor.
A device designed
to use differences in specific gravities to separate and retain light
density liquids, waterborne fats, oils, and greases prior to the wastewater
entering the sanitary sewer collection system. These devices also
serve to collect settleable solids, generated by and from food preparation
activities, prior to the water exiting the trap and entering the sanitary
sewer collection system.
(20)
Group residence.
A private or public housing corporation
or institutional facility that provides living quarters and meals.
The term includes a domicile for unrelated persons, such as a retirement
home, correctional facility, or a long-term care facility.
(21)
Livestock.
Cattle, bison, sheep, swine, goats,
horses, mules, other equine, poultry, domesticated rabbits, exotic
animals, or domesticated game birds.
(22)
Mobile Food Unit (MFU).
A vehicle-mounted, self
or otherwise propelled, self-contained food service operation designed
to be readily movable (including catering trucks, trailers, push carts,
and roadside vendors) and used to store, prepare, display, serve or
sell food. An MFU must completely retain its mobility at all times.
An MFU does not include a stand or a booth. A roadside food vendor
is classified as an MFU.
(23)
Mobile food unit permit.
A food permit for a mobile
food unit operating within the city, that expires at the end of every
calendar year.
(24)
Outfitter operation.
Any operation, such as trail
rides, bus tours, harbor cruises, or river raft trips, in which food
is offered to patrons and which operates out of a central preparation
location or food establishment.
(25)
Plumbing code.
The International Plumbing Code,
as amended, including appendices C, E, F, and G, published by the
International Code Council as amended by 16 TAC § 70, the
Uniform Plumbing Code, as amended, including appendices required by
the regulatory authority, as published by the International Association
of Plumbing and Mechanical Officials as referenced in Occupations
Code, title 8, chapter 1301, § 255, or a plumbing code adopted
by a local regulatory authority, whichever is more stringent.
(26)
Private water system.
A drinking water system
that is not connected to a public water system and not regulated by
the Texas Commission on Environmental Quality.
(27)
Public water system.
A drinking water system that
complies with 30 TAC §§ 290.101–290.122.
(28)
Pushcart.
A non-self-propelled MFU limited to
serving foods requiring a limited amount of preparation as authorized
by the regulatory authority and readily movable by one or two persons.
A pushcart is classified as an MFU. A pushcart does not include non-self-propelled
units owned and operated within a retail food store. This type of
MFU requires the support of a central preparation facility.
(29)
Regulatory authority.
The city's public health
director or their designee.
(30)
Roadside food vendor.
A person who operates a
mobile retail food store from a temporary location adjacent to a public
road or highway. Food is not prepared or processed by a roadside food
vendor. A roadside food vendor is classified as an MFU.
(31)
Safe material.
An article manufactured from or
composed of materials that may not reasonably be expected to result
either directly or indirectly in the article becoming a component
of or otherwise affecting the characteristics of any food. An additive
that is used as specified in the Texas Health and Safety Code, Chapter
431, or other materials that are not additives and that are used in
conformity with applicable regulations of the U.S. Food and Drug Administration.
(32)
Seasonal food establishment.
A food service establishment
which operates more than fifteen (15) consecutive days but less than
one hundred twenty-one (121) consecutive days within a three hundred
sixty-five (365) day period beginning January 1st of each calendar
year.
(33)
Self-service food market.
A market that is unstaffed and offers prepackaged non-TCS food and prepackaged refrigerated or frozen TCS food that is stored in equipment that complies with § 10.02.007(e).
(34)
Service animal.
A canine that is individually
trained to do work or perform tasks for the benefit of an individual
with a disability, including a physical, sensory, psychiatric, intellectual
or other mental disability as specified in Texas Health and Safety
Code, § 437.023.
(35)
Single-service articles.
Any cups, containers,
plates, straws, place mats, napkins, doilies, spoons, stirrers, paddles,
knives, forks, wrapping materials and all similar articles that are
constructed wholly or in part from paper, paperboard, molded pulp,
foil, wood, plastic, synthetic or other readily destructible materials,
and which are intended by the manufacturers to be for one-time, one-person
use, then to be discarded.
(36)
Special event food service establishment.
A temporary
food service establishment which consists of more than five (5) booths
and is sponsored by an organization in connection with a single group
event. This includes, but is not limited to fairs, carnivals, food
festivals and similar events. Special event temporary permits must
be purchased at least thirty (30) days in advance of the event.
(37)
Temporary food establishment.
A temporary food
service operation is defined as a food establishment that operates
for a period of no more than 14 consecutive days in conjunction with
a single event or celebration.
(38)
Vending machine location.
The room, enclosure,
space, or area where one or more vending machines are installed and
operated and that includes the storage areas and areas on the premises
that are used to service and maintain the vending machines. This does
not include self-service food markets.
(1958 Code, sec. 14-1; Ordinance
83-120, sec. 2, adopted 9/27/83; Ordinance 84-32, sec. 1, adopted 2/14/84; Ordinance 84-146, secs. 1, 2, adopted 11/13/84; Ordinance 87-65, sec. 1, adopted 8/18/87; Ordinance 88-48, sec. 1, adopted 5/10/88; Ordinance 91-6, sec. 1, adopted 1/15/91; Ordinance 00-89, secs. 1, 2, adopted 10/10/00; 1978 Code, secs. 11-1, 11-1.1; Ordinance 07-025, secs. 1, 2, adopted 3/20/07; Ordinance 07-025, sec. 2, adopted 3/20/07; Ordinance 09-006, sec. 1, adopted 2/10/09; Ordinance 09-064, sec. 1, adopted 11/3/09; Ordinance adopting Code; Ordinance 10-075, sec. 3, adopted 9/14/10; Ordinance 12-076, secs. 1–7,
adopted 10/9/12; Ordinance
14-061, secs. 1–8, adopted 11/12/14; Ordinance 23-013 adopted 2/14/2023)
(a)
Certified food protection manager and food handler requirements.
(1)
A certified food protection manager must pass a DSHS or ANSI-CFP
approved food manager certification examination prior to opening of
a food establishment.
(2)
The original food manager certificate shall be posted in the
food establishment in a location that is conspicuous to consumers.
(3)
Except as specified in subsection 10.02.002(c) [sic], a certified
food protection manager shall be present at the food establishment
during all hours of operation as required in Food Code, § 2-101.11
and § 2-102.12.
(4)
While serving as a person in charge for a food establishment,
a certified food protection manager may not serve as person in charge
for any other food establishment.
(5)
The holder of the original food manager certificate shall be the person in charge or shall designate a person in charge and shall ensure that any person in charge satisfy all requirements of subsection 10.02.002(a).
(6)
Food establishments deemed by the regulatory authority to pose
minimal risk of causing, or contributing to, foodborne illness based
on the nature of the operation and extent of food preparation, such
as but not limited to:
(A)
Establishments that handle only prepackaged food
and do not package food;
(B)
Establishments that do not prepare or handle exposed
Time/Temperature Control for Safety (TCS); or
(C)
Temporary food establishments; are exempt from the requirements in § 10.02.002(a)(3)–(6).
(7)
All food employees, except for the certified food protection
manager, shall successfully complete an accredited food handler training
course, within 30 days of employment. This requirement does not apply
to temporary food establishments.
(8)
The food establishment shall maintain on premises a certificate
of completion of the food handler training course for each food employee.
(b)
Reporting symptoms and diagnosis signage.
A food
establishment shall post a sign or poster, clearly visible to food
employees, by all handwashing sinks. The sign or poster shall notify
food employees to report symptoms and diagnosis information about
their health as it relates to diseases that are transmissible through
food.
(Ordinance 23-013 adopted 2/14/2023)
(a)
Approved sources for exotic game animals.
(1)
Exotic animals.
If exotic animals are received
for sale or service, they shall:
(A)
Be commercially raised for food; and
(i)
Raised, slaughtered, processed, and deemed to be
inspected and approved" under an inspection program administered by
United States Department of Agriculture (USDA) in accordance with
9 CFR 352, exotic animals; voluntary inspection; or
(ii)
Raised, slaughtered, processed, and deemed to
be "inspected and passed" under a meat and poultry inspection program
administered by the department or any other state meat inspection
program deemed equal to USDA inspection;
(B)
As allowed by law, for exotic animals that are live caught, be slaughtered and processed as required in § 10.02.003(a)(1)(A)(i) or (ii); and
(C)
As allowed by law, for exotic animals that are
field dressed:
(i)
Receive an antemortem and postmortem examination by the appropriate inspection personnel as described in § 10.02.003(a)(1)(A)(i) or (ii); and
(ii)
Be transported and processed according to the requirements specified by the appropriate regulatory authority as described in § 10.02.003(a)(1)(A)(i) or (ii).
(2)
Exotic animals shall be cooked to heat all parts of the food to a temperature and for a time that complies with one of the methods for cooking game animals according to Food Code, § 3-401.11, and under a voluntary inspection program as specified in § 10.02.003(a).
(b)
Specifications for receiving.
(1)
Temperature.
(A)
Grade A pasteurized milk shall be received in refrigerated
equipment that maintains an ambient air temperature of seven degrees
Celsius (45 degrees Fahrenheit) or less.
(B)
Molluscan shellfish shall be received in refrigerated
equipment or on ice that maintains a temperature of seven degrees
Celsius (45 degrees Fahrenheit) or less, as required in the Texas
Molluscan Shellfish Rules, 25 TAC § 241.61(a).
(2)
Chicken eggs.
Chicken eggs shall be received clean
and sound and may not exceed the restricted egg tolerances for U.S.
Consumer Grade B as specified in 7 CFR 56, voluntary grading of shell
eggs and United States standards, grades, and weight classes for shell
eggs, and 9 CFR 590, inspection of eggs and egg products.
(3)
Frozen milk products.
Frozen milk products, such
as ice cream, shall be obtained pasteurized in accordance with the
Frozen Desserts Manufacturer Licensing Act, Texas Health and Safety
Code, chapter 440, and 21 CFR 135, frozen desserts.
(4)
Shell stock identification.
Shell stock shall
be obtained in containers bearing legible source identification tags
or labels that are affixed by the harvester or dealer that depurates,
ships, or reships the shell stock, as specified in 25 TAC §§ 241.50–241.71.
(c)
Buffet notification.
A card, sign, or other effective
means of notification shall be displayed to notify consumers that
clean tableware is to be used upon return to self-service areas, such
as salad bars and buffets as specified in Food Code, § 3-304.16.
(d)
Donation of foods.
(1)
Except as specified in § 10.02.003(d)(1) and (2), foods which have been previously served to a consumer may not be donated.
(A)
Packaged time and temperature control for safety
foods (TCS foods), such as unopened milk, may be re-served or donated
if immediately stored in a cooling bin maintained at five degrees
Celsius (41 degrees Fahrenheit) or below.
(2)
Unpackaged and unserved TCS foods may be donated if:
(A)
The temperature of the food is at or below five
degrees Celsius (41 degrees Fahrenheit), or an ambient temperature
of seven degrees Celsius (45 degrees Fahrenheit) for raw shell eggs,
at the time of donation, and is protected from contamination;
(B)
The food has been at or above 57 degrees Celsius
(135 degrees Fahrenheit) during hot holding and service, and subsequently
refrigerated to meet the time and temperature requirements in Food
Code, § 3-501.14 and § 3-501.15, or maintained
at proper holding temperatures required in Food Code, § 3-501.16;
(3)
Donated foods transported off-site shall be labeled with the
name of the food, the source of the food, and the date of preparation.
(4)
Donated TCS foods may not exceed the shelf life for leftover foods outlined in section 10.02.003.
(5)
Heavily rim or seam-dented canned foods, or packaged foods without
the manufacturer's complete labeling shall not be donated.
(6)
Distressed foods:
(A)
Foods which are considered distressed, such as
foods which have been subjected to fire, flooding, excessive heat,
smoke, radiation, other environmental contamination, or prolonged
storage shall not be directly donated for consumption by the consumer.
(B)
Such foods in subsection 10.02.003(a)(1) may be sold or donated to a licensed food salvage establishment if permitted under the provisions of the Texas Health and Safety Code 432.
(Ordinance 23-013 adopted 2/14/2023)
(a)
A water source obtained from other than a community public water
system shall be sampled and analyzed in accordance with the requirements
found in 30 TAC chapter 290, subchapter F, concerning transient noncommunity
water systems.
(b)
Water quality standards.
(1)
Public and private water systems.
(A)
Water from a public water system shall meet 40
CFR 141 - National Primary Drinking Water Regulations, state drinking
water quality standards in accordance with 30 TAC §§ 290.38–290.47,
and 30 TAC §§ 290.101–290.114, 290.117–290.119,
290.121, and 290.122; and
(B)
Water from a nonpublic water system shall meet
the requirements of 30 TAC chapter 290, subchapter F, pertaining to
transient noncommunity water systems.
(2)
Water from a nonpublic water system shall be sampled and tested
according to 30 TAC chapter 290, subchapter F, concerning transient
noncommunity water systems, except nondrinking water.
(3)
The most recent sample report for the nonpublic water system
shall be retained on file in the food establishment, or the report
shall be maintained as specified in 30 TAC chapter 290, subchapter
F, concerning transient noncommunity water systems.
(c)
Water distribution, delivery, and retention systems.
Nonpublic water mains, water pumps, pipes, hoses, connections,
and other appurtenances shall meet the requirements of 30 TAC chapter
290, subchapter F.
(d)
Grease trap.
If used, a grease trap or grease
interceptor shall be located to be easily cleanable and shall be located
outside the building of the food establishment.
(Ordinance 23-013 adopted 2/14/2023)
(a)
Wall and ceiling coverings and coatings.
(1)
Walls including non-supporting partitions, wall covering and
ceilings of the walk-in refrigeration units, food preparation areas,
equipment and utensil washing areas, toilet rooms and vestibules should
be light in color or meet the requirements and approval of the regulatory
authority.
(2)
Darker-colored coverings for the items listed in § 10.02.005(a)(1) may require additional lighting, as specified in Food Code, § 6-303.11, or meet the requirements set by the regulatory authority, to allow cleaning of the surface.
(b)
Dogs in outdoor dining areas of a food establishment.
Dogs may be allowed in outdoor dining areas of a food establishment
if:
(1)
The establishment posts a sign in a conspicuous location in
the area stating that dogs are allowed;
(2)
The customer and dog access the area directly from the exterior
of the establishment;
(3)
The dog does not enter the interior of the establishment;
(4)
The customer keeps the dog on a leash and controls the dog;
(5)
The customer does not allow the dog on a seat, table, countertop,
or similar surface; and
(7)
The requirements specified in this § 10.02.005(b) do not apply to service animals or service animals in training.
(Ordinance 23-013 adopted 2/14/2023)
First aid supplies, availability: A first aid kit shall be provided
in all food establishments.
(Ordinance 23-013 adopted 2/14/2023)
(a)
Mobile food units.
(1)
Mobile food unit provisions.
(A)
Mobile food units are required to purchase a yearly
mobile food permit in order to assure that all compliance requirements
are met.
(B)
Mobile food units are required to be easily identified
to every passerby by having the name of the business prominently painted
on at least two sides of the unit, in letters no smaller than 12"
in height.
(C)
Vehicle registration must be provided with application.
(D)
Federal tax ID certificate must be provided with
application.
(E)
Mobile food unit food choices are limited to those
that can be served or prepared in compliance with the Texas Food Establishment
Rules as adopted by the city.
(G)
Except as otherwise provided § 10.02.007(a)(1)(G) and (H), the regulatory authority:
(i)
May impose additional requirements to protect against
health hazards related to the conduct of the food establishment as
a mobile operation;
(ii)
May prohibit the sale of some or all time and
temperature control for safety foods (TCS foods); and
(iii)
When no health hazard will result, may waive or modify requirements of section 10.02.007 except those requirements as specified in § 10.02.007(a)(1)(N)–(P), § 10.02.007(a)(3)(A)(i)–(v), and Food Code, Subparts 3-401, 3-402, 3-403, 3-404, and 3-501.
(H)
A mobile food unit (MFU) that serves only food that is prepared, packaged in individual servings, transported and stored under conditions meeting the requirements of section 10.02.007, or beverages that are non-time and temperature control for safety food and are dispensed from covered urns or other protected equipment, need not comply with the requirements of this division relating to the necessity of water and sewage systems nor to those requirements relating to the cleaning and sanitization of equipment and utensils if the required equipment for cleaning and sanitization exists at its central preparation facility.
(I)
Alteration, removal, attachments, additions, placement,
or change in, under, or upon the MFU that prevents or otherwise reduces
ready mobility is prohibited.
(i)
An MFU will be required to come, on an annual basis
or as often as required, to a location designated by the regulatory
authority as proof that the MFU is readily moveable.
(J)
The regulatory authority requires an MFU to come
to a location designated by the regulatory authority. The mobile unit
must be totally operable at time of inspection, including handwash
facilities, warewashing facilities, refrigeration, and wastewater
disposal. Required documentation to have available includes:
(i)
Certified food protection manager certification.
(ii)
A signed letter of authorization is required,
to verify facility use, if the central preparation facility is not
owned by the mobile unit operator, known as a central preparation
facility authorization.
(iii)
A copy of the most current health inspection
of the central preparation facility must be maintained on the mobile
unit at all times, known as a central preparation facility inspection
report.
(iv)
A signed letter of authorization may be required
by the regulatory authority to verify service area use, if the servicing
area is not owned by the mobile unit operator, known as a servicing
area authorization.
(v)
A menu of all food items to be sold.
(K)
An MFU shall provide only single service articles
for use by the consumer.
(L)
Equipment, numbers, and capacities.
(i)
Equipment for cooling and heating food, and holding
cold and hot food, shall be sufficient in number and capacity to provide
food temperatures as specified under Food Code, chapter 3 - food.
(ii)
Manual warewashing, sink compartment requirements.
a.
A sink with at least three compartments shall be
provided for manually washing, rinsing, and sanitizing equipment and
utensils as specified in Food Code, paragraph 4-301.12(A).
b.
Sink compartments shall be large enough to accommodate
immersion of the largest equipment and utensils as specified in Food
Code, paragraph 4-301.12(B).
(iii)
At least one handwashing sink shall be available
for convenient use by employees and properly provisioned in accordance
with Food Code, § 6-301.11-12.
(M)
MFU water systems shall meet the requirements of
Food Code, part 5-3.
(O)
Sewage and other liquid waste.
(i)
If liquid waste results from operation of an MFU,
the waste shall be stored in a permanently installed retention tank
for waste retention.
(ii)
A leakproof sewage holding tank in an MFU shall
meet the requirements of Food Code, § 5-401.11 for capacity
and drainage.
(iii)
All connections on the vehicle for servicing
the MFU waste disposal facilities shall be of a different size or
type than those used for supplying potable water to the MFU.
(iv)
Discharge liquid waste shall not be discharged
from the retention tank while the MFU is in motion.
(v)
Flushing a waste retention tank shall meet the
requirements of Food Code, § 5-402.15.
(vi)
Removing MFU wastes shall meet the requirements
of Food Code, § 5-402.14.
(vii)
Liquid waste holding tank shall be labeled as
"waste water."
(P)
MFU water and wastewater exemption.
(i)
A roadside vendor that sells only prepackaged food
is exempt from the requirements of this division relating to water
and wastewater.
(ii)
An MFU that prepares food requiring no water for
operations and no hand contact with food is exempt from the requirements
of this division relating to water and wastewater if the required
cleaning and sanitization equipment exists at its central preparation
facility. Chemically treated towelettes for handwashing may be used
as specified in Food Code, paragraph 5-203.11(C).
(Q)
Toilet rooms, convenience and accessibility.
Toilet rooms shall be conveniently located and accessible to
employees during all hours of operation.
(2)
Central preparation facility.
(A)
An MFU shall operate from a central preparation
facility, commissary or other fixed food establishment and shall report
to such location daily for supplies, cleaning, and servicing operations.
(B)
The central preparation facility or other fixed food establishment, used as a base of operation for an MFU, shall be constructed and operated in compliance with the requirements of Food Code, chapter 6 - physical facilities.
(C)
Once a food establishment agrees to become a central
preparation facility for a mobile food unit, the food establishment
will receive an inspection by the regulatory authority.
(D)
An overall score of 90 with no demerits in items
1-5 and 13-14 of the inspection report will be required for approval
to become a central preparation facility for a mobile food unit.
(E)
All mobile food units must return to the central
preparation facility/commissary at least once per day of operation
for one performance of all servicing operations. Servicing operations
include but are not limited to:
(F)
Upon request the operator of a mobile food unit
must be able to provide written proof that the mobile food unit has
been servicing at a central preparation facility on a daily basis.
(i)
These servicing records must be maintained in duplicate,
with one copy in the mobile food unit at all times and the other copy
kept at the central preparation facility.
(ii)
Each servicing record must be kept and maintained
for two years from the date of servicing.
(iii)
Failure to obtain servicing on a daily basis
or failure to maintain servicing records will result in the immediate
closure of the mobile food unit operations and the issuance of a citation
to the central preparation facility.
(G)
The central preparation facility will be required
to provide the following services to mobile food unit(s):
(i)
Adequate facility for storage of food utensils
and other supplies.
(ii)
Adequate facility for the disposal of garbage
and liquid wastes.
(iii)
Potable water for filling water tanks.
(iv)
Hot and cold water under pressure for cleaning
and sanitizing.
(v)
Approved janitorial sink, toilet, utensil washing,
and handwashing facilities with single service soap and paper towels
in dispensers.
(vi)
Maintenance of a daily log sheet signed by central
preparation facility/commissary owner to verify mobile food unit's
daily use of facility.
(H)
As a part of the central preparation facility's
inspection, the health inspector will review the assigned mobile food
unit's servicing log. Failure to maintain this log accurately
will result in immediate closure of the mobile food unit and a court
citation of the central preparation facility.
(I)
This central preparation agreement will not be
required of a mobile food unit operating as an extension of a permitted
restaurant in the city limits.
(J)
An affidavit from the owner of the central preparation
facility must be provided as proof that the mobile food unit is servicing
at the central preparation facility as required.
(3)
Outdoor servicing area and operations.
(A)
Protection.
(i)
An MFU servicing area shall include at least overhead
protection for any supplying, cleaning, or servicing operation. Those
areas used only for the loading of water or the discharge of sewage
and other liquid waste, through the use of a closed system of hoses,
need not be provided with overhead protection.
(ii)
Within the servicing area, the location provided
for the flushing and drainage of liquid wastes shall be separate from
the location provided for potable water servicing and for the loading
and unloading of food and related supplies.
(iii)
A servicing area will not be required where only
packaged food is placed on the MFU or where an MFU does not contain
waste retention tanks.
(iv)
The surface of the servicing area shall be constructed
of a smooth nonabsorbent material, such as concrete or machine-laid
asphalt and shall be maintained in good repair, kept clean, and be
graded to drain.
(v)
Potable water servicing equipment shall be installed
in the servicing area according to the plumbing code and shall be
stored and handled in a way that protects the water and equipment
from contamination.
(vi)
Mobile food units may erect a tent, or attach
a tent-like awning to the side of their unit, but are not allowed
to utilize any adjacent building as a dining or working area.
(vii)
Mobile food units may purge their crawfish at
their central preparation facility.
(viii)
Mobile food unit operators are required to dump
their wastewater within a 24-hour period or more frequently as necessary.
If at any time the wastewater tank becomes full, the operation shall
be closed to allow for the transport and dumping of the wastewater
at the central preparation facility.
(ix)
Mobile food units must be located on a paved surface
and located within 500 feet of an available public restroom facility
for use during hours of operation.
(x)
An affidavit showing proof of consent to locate
on premises where the unit will operate must be available upon request.
(xi)
All mobile food establishments shall move and
vacate the premises of the business location on a daily basis; overnight
parking at the business location is prohibited. At the end of each
business day, the mobile food establishment shall return to the central
preparation facility/commissary for servicing and storage. If storage
is not allowed at the central preparation facility/commissary, the
mobile food unit must be stored at a rented storage space, where mobile
food units may park overnight, until the next business day.
(B)
The construction of the walls and ceilings of the
servicing area is exempted from the provisions of Food Code, § 6-201.11.
(b)
Temporary food establishments.
(1)
The regulatory authority may impose additional requirements
to protect against health hazards related to the conduct of the temporary
food establishment, may prohibit the sale of some or all time and
temperature control for safety foods (TCS foods), and, when no health
hazard will result, such as children's neighborhood beverage
stands, may waive or modify requirements of this division.
(A)
Foods that are not prepared on-site or that require
extensive preparation or cooking must be prepared at a licensed food
establishment located within the city limits.
(B)
All foods to be prepared and sold during each day
of operation must be purchased same day from a permitted grocery or
other retail food store.
(C)
Each temporary establishment shall be required
by the regulatory authority to have at least one person on-site who
has a minimum of an accredited food handler certification.
(2)
All food temperature requirements shall be met as contained in Food Code, subparts 3-202, 3-401-403, and 3-501, § 10.02.003(b) and § 10.02.003(d).
(3)
Ice that is consumed or that contacts food shall have been made
under conditions meeting the requirements of Food Code, chapter 3
- food. The ice shall be obtained only in blocked, chipped, crushed,
or cubed form and in single-use safe plastic or wet-strength paper
bags filled and sealed at the point of manufacture. Ice for consumption
shall be held in the bags until it is dispensed and be dispensed in
a way that protects it from contamination.
(4)
Equipment and utensils.
(A)
Equipment and utensils shall be designed and constructed
to be durable and to retain their characteristic qualities under normal
use conditions.
(B)
Equipment shall be located and installed and cleaned
in a way that prevents food contamination and that also facilitates
cleaning of the temporary food establishment.
(C)
Equipment for cooling or heating food and holding
cold or hot food shall be adequate in number and capacity to provide
food temperatures as specified in Food Code, subparts 3-401–403
and 3-501.
(D)
Food-contact surfaces of equipment shall be protected
from contamination by consumers and other sources. Where necessary
to prevent contamination, effective shields for such equipment shall
be provided.
(E)
Alternative manual warewashing equipment, such
as receptacles that substitute for the compartments of a three-compartment
sink, may be used when there are special cleaning needs or constraints
and the regulatory authority has approved the use of alternative equipment.
Each compartment shall be large enough to immerse the largest piece
of equipment that will be used. A means to heat water must also be
provided.
(5)
A temporary food establishment shall provide only single-service
articles for use by the consumer.
(6)
(7)
Packaged food may not be stored in direct contact with ice or
water if the food is subject to the entry of water because of the
nature of its packaging, wrapping, or container or its positioning
in the ice or water.
(8)
All waste water and sewage generated from the temporary food
establishment shall be disposed of through an approved sanitary sewage
system that is:
(9)
Handwashing facilities shall include a container with a spigot
that provides potable, clean, warm water; a wastewater container;
soap; disposable towels; and a waste receptacle. Handwashing facilities
are not required if the only food items offered are commercially prepackaged
foods that are dispensed in their original containers.
(10)
If graded to drain, a floor may be concrete, machine-laid asphalt,
dirt, or gravel covered with mats, plywood, removable platforms, duckboards
if covered with mats, or other suitable materials approved by the
regulatory authority, such as tarps, that effectively control dust
and mud.
(11)
Ceilings and outer openings of food preparation areas.
(A)
Walls and ceilings shall be made of wood, canvas,
or other materials that protect the interior of the establishment
from the weather, windblown dust, birds, and debris.
(C)
§ 10.02.007(b)(11)(B) does not apply if flying insects and other pests are absent due to the location of the temporary food establishment or other limiting conditions.
(12)
Applicants shall be limited to four (4) temporary food establishment
permits in any twelve (12) month period. No permit shall issue to
the same applicant within 30 days of the issuance of a previous temporary
permit.
(A)
Upon issuance, a permit will count against the 4 per 12-month period limit of both the applicant as well as any person present at the temporary food establishment as required under § 10.02.007(b)(1)(B).
(B)
Application for a temporary food establishment
permit must be submitted to the regulatory authority no later than
seven (7) days before the starting date for the period of operation
listed in the application.
(c)
Bed and breakfast.
(1)
(2)
The owner or manager shall successfully complete a food manager's
certification course accredited by this department.
(3)
Food shall be obtained from approved sources in accordance with Food Code, subpart 3-201, § 10.02.003(a), and § 10.02.003(b), shall be in sound condition, and be safe for human consumption.
(4)
Food preparation and protection:
(A)
Food shall be prepared and protected in accordance
with Food Code, chapter 3 - food.
(B)
All food temperature requirements shall be met as contained in Food Code, subparts 3-202, 3-401–403, and 3-501, § 10.02.003(b), and § 10.02.004(b).
(5)
Cleaning and sanitizing:
(A)
A three-compartment sink shall be used if washing,
rinsing, and sanitizing of utensils and equipment is done manually;
or a two-compartment sink may be utilized if single service tableware
is provided, and if an approved detergent sanitizer is used.
(B)
Cleaning and sanitizing may be done by spray-type
or immersion dishwashing machines or by any other type of machine
or device if it is demonstrated that it thoroughly cleans and sanitizes
equipment and utensils either by chemical or mechanical sanitization.
(6)
Employees shall conform to good hygienic practices as required
in in Food Code, subparts 2-301–304 and 2-401–402.
(7)
A restroom shall be available for use by employees.
(8)
All equipment and utensils shall be constructed of safe materials
and maintained in good repair.
(10)
All food contact surfaces, counters, or work surfaces in the
bed and breakfast establishment shall be smooth, nonabsorbent and
easily cleanable.
(12)
Equipment shall be provided to maintain time and temperature
control for safety foods (TCS foods) at the temperatures required
in accordance with Food Code, chapter 3 - food.
(13)
Impervious receptacles shall be provided for storage of garbage
and refuse.
(15)
Hot and cold water under pressure shall be provided and shall
be from an approved source that meets the standards in accordance
with:
(d)
Outfitter operations.
(1)
The regulatory authority may impose additional requirements
to protect against health hazards that may be specific to these operations.
(2)
Food supplies, including ice, shall be obtained from approved sources described in Food Code, §§ 3-201.11–17, § 10.02.003(a), and § 10.02.003(b). No home-prepared products shall be offered.
(3)
All food temperature requirements shall be met as contained in Food Code, subparts 3-202, 3-401–403, and 3-501, § 10.02.003(b), and § 10.02.003(d).
(4)
Food preparation and protection for excursions:
(A)
Except for §§ 10.02.007(d)(4)(B)–(D), all food shall be prepared and protected in central preparation facility and meet requirements contained in Food Code, chapter 3 - food.
(B)
Only commercially prepackaged ready-to-eat foods
or ready-to-eat foods that have been prepared and packaged with no
cooking at a central preparation facility may be served.
(C)
Raw time and temperature control for safety foods
(TCS foods) may be cooked on-site if cooked and immediately served.
(D)
All food must be stored to protect from contamination
in accordance with Food Code, chapter 3 - food.
(E)
TCS foods that require complex preparation must
be served within the first 24 hours of the excursion departure time.
(F)
Leftover food shall not be re-heated or re-served.
(5)
Warewashing:
(A)
Alternative manual warewashing equipment, such
as receptacles that substitute for the compartments of a multi-compartment
sink, may be used for washing and sanitizing utensils when approved
by the regulatory authority.
(B)
An outfitter operation without effective facilities
for cleaning and sanitizing tableware shall only provide single-service
articles for use by food employees and consumers.
(8)
(9)
All equipment and utensils intended for food contact shall be
approved for food use.
(10)
Thermometers shall be provided, accurate, and accessible during
excursions.
(11)
Impervious receptacles shall be provided for storage of garbage
and refuse.
(12)
If food other than prepackaged ready-to-eat food is being served,
at least one guide or instructor of the outfitter operation who is
on the excursion shall successfully complete a food manager's
certification course accredited by this department.
(13)
An outfitter operation must have a central preparation facility as specified in § 10.02.001(b)(20).
(e)
Self-service food market.
(1)
Self-service food markets shall comply with the minimum standards
of this division.
(2)
Self-service food markets shall:
(A)
Be equipped with 24/7 video surveillance records
of consumers viewing, selecting, handling, and purchasing products
that identify these consumers. Video surveillance records must be
maintained and available for the regulatory authority for a period
of 14 calendar days from the date of the video; and
(B)
Provide information to the regulatory authority
as to the responsible party that will be available for routine inspections.
(4)
A food specified in Food Code, paragraphs 3-501.17(A) or (B)
or § 3-501.18 shall be discarded if it:
(A)
Exceeds the temperature or time specified in Food
Code, paragraphs 3-501.17(A) and (B), except time that the product
is frozen;
(B)
Is in a container or package that does not bear
an expiration date or day; or
(C)
Is not appropriately marked with a date or day
that exceeds the temperature and time combination as specified in
Food Code, paragraphs 3-501.17(A) and (B).
(5)
All self-service food market display-units offering refrigerated,
time and temperature control for safety foods (TCS foods) shall have
an automatic shut-off control or a plan approved by the regulatory
authority that prevents the market or market equipment from dispensing
food if:
(A)
There is a power failure, mechanical failure, or other condition that results in failure of the equipment to maintain food temperatures as specified under Food Code, chapter 4 - equipment, utensils, and linens; and
(B)
Where a condition specified in § 10.02.007(e)(5)(A) occurs, until the equipment is serviced and restocked with food that has been maintained at temperatures specified in Food Code, subparts 3-202, 3-401–403, and 3-501, § 10.02.003(b) and § 10.02.003(d).
(6)
When a condition specified in § 10.02.007(e)(5)(A) occurs, the ambient temperature may not exceed five degrees Celsius (41 degrees Fahrenheit), or seven degrees Celsius (45 degrees Fahrenheit) for a unit holding raw shell eggs only, for more than 30 minutes immediately after the display is filled, serviced, or restocked.
(8)
Self-service food markets shall have a sign readily visible
from the automated payment kiosk stating:
(9)
When a retail food establishment operating as a self-service food market incorporates the provision § 10.02.007(e), it will not be required to maintain a person in charge on-site as specified in Food Code, paragraph 2-101.11(A).
(f)
Food establishments listed under §§ 10.02.007(a)–(e) shall be bound to all regulations of this code and rules established by the regulatory authority beyond those listed in their applicable subsection.
(Ordinance 23-013 adopted 2/14/2023)
(a)
Use for intended purpose, public health protection.
(1)
The regulatory authority shall apply these rules to promote its underlying purpose, as specified in § 10.02.001(a), of safeguarding public health and ensuring that food is safe, unadulterated, and honestly presented when offered to the consumer.
(2)
In enforcing the provisions of these rules, the regulatory authority
shall assess existing facilities or equipment that were in use before
the effective date of these rules based on the following considerations:
(A)
Whether the facilities or equipment are in good
repair and capable of being maintained in a sanitary condition;
(B)
Whether food-contact surfaces comply with 4-1401
of the Food Code; and
(C)
Whether the capacities of cooling, heating, and
holding equipment are sufficient to comply with 4-301.11 of the Food
Code.
(b)
Additional requirements, preventing health hazards, provision
for conditions not addressed.
(1)
If necessary to protect against public health hazards or nuisances,
the regulatory authority may impose specific requirements in addition
to the requirements contained in these rules that are authorized by
law.
(2)
The regulatory authority shall document the conditions that
necessitate the imposition of additional requirements and the underlying
public health rationale. The documentation shall be provided to the
permit applicant or permit holder and a copy shall be maintained in
the regulatory authority's file for the food establishment.
(c)
Variances.
(1)
The regulatory authority may grant a variance by modifying or waiving the requirements of these rules if in the opinion of the regulatory authority a health hazard or nuisance will not result from the variance. If a variance is granted, the regulatory authority shall retain the information specified in § 10.02.008(c)(2) in its records for the food establishment.
(2)
Before a variance from a requirement of these rules is approved,
the information that shall be provided by the person requesting the
variance and retained in the regulatory authority's file on the
food establishment includes:
(A)
A statement of the proposed variance of the rule
requirement citing relevant rule section numbers;
(B)
An analysis of the rationale for how the potential
public health hazards and nuisances addressed by the relevant rule
sections will be alternatively addressed by the proposal; and
(C)
A HACCP plan if required as specified in § 10.02.008(d)(1)(A) that includes the information specified in § 10.02.008(d)(2)(A), as it is relevant to the variance requested.
(3)
If the regulatory authority grants a variance as specified in § 10.02.008(a)(1), or a HACCP plan is otherwise required as specified in § 10.02.008(d)(1), the food establishment shall:
(A)
Comply with the HACCP plans and procedures that are submitted and approved as specified in § 10.02.008(d)(2) as a basis for the modification or waiver; and
(B)
Maintain and provide to the regulatory authority, upon request, records specified in §§ 10.02.008(d)(2)(D) and (E) that demonstrate that the following are routinely employed:
(d)
HACCP plan requirements.
(1)
When a HACCP plan is required.
(A)
Before engaging in an activity that requires a HACCP plan, a food establishment shall submit to the regulatory authority for approval a properly prepared HACCP plan as specified under § 10.02.008(d)(2) and the relevant provisions of these rules if:
(i)
Submission of a HACCP plan is required according
to law;
(ii)
A variance is permitted under Food Code 3-401.11(B)–(D)
or 3-502.11, or required under 3-502.11 or 4-204.110(B); or
(iii)
The regulatory authority determines that a food
preparation or processing method requires a variance based on an inspectional
finding or a variance request.
(B)
A food establishment shall have a properly prepared
HACCP plan as specified under 3-501.12 of [the] Food Code.
(2)
For a food establishment that is required under § 10.02.008(d)(1) to have a HACCP plan, the plan and specifications shall indicate:
(A)
Categorization of the types of potentially hazardous
foods that are specified in the menu such as soups and sauces, salads,
and bulk, solid foods such as meat roasts, or of other foods that
are specified by the regulatory authority;
(B)
A flow diagram by specific food or category type
identifying critical control points and providing information on the
following:
(C)
Food employee and supervisory training plan that
addresses the food safety issues of concern;
(D)
A statement of standard operating procedures for
the plan under consideration including clearly identifying:
(i)
Each critical control point;
(ii)
The critical limits for each critical control
point;
(iii)
The method and frequency for monitoring and controlling
each critical control point by the food employee designated by the
person in charge;
(iv)
The method and frequency for the person in charge
to routinely verify that the food employee is following standard operating
procedures and monitoring critical control points;
(v)
Action to be taken by the person in charge if the
critical limits for each critical control point are not met; and
(vi)
Records to be maintained by the person in charge
to demonstrate that the HACCP plan is properly operated and managed;
and
(E)
Additional scientific data or other information,
as required by the regulatory authority, supporting the determination
that food safety is not compromised by the proposal.
(e)
The regulatory authority shall treat as confidential in accordance with the requirements of the Public Information Act, Texas Government Code, chapter 552, information that meets the criteria specified in law for a trade secret and is contained on inspection report forms and in the plans and specifications submitted as specified in § 10.02.008(d)(2).
(f)
A person may not operate a food establishment without a valid
permit or license to operate issued by the regulatory authority.
(g)
Upon acceptance of the permit issued by the regulatory authority,
the permit holder in order to retain the permit shall:
(1)
Post the permit in a location in the food establishment that
is conspicuous to consumers;
(2)
Comply with the provisions of these rules including the conditions of a granted variance as specified under § 10.02.008(c)(3);
(3)
If a food establishment is required under § 10.02.008(d)(1) to operate under a HACCP plan, comply with the plan as specified under § 10.02.008(c)(3);
(4)
Immediately contact the regulatory authority to report an illness
of a food employee due to Norovirus, Salmonella typhi, Shigella spp.,
Shiga toxin-producing Escherichia coli, or hepatitis A virus;
(5)
Immediately discontinue operations and notify the regulatory authority if an imminent health hazard may exist as specified under § 10.02.008(k);
(6)
Allow representatives of the regulatory authority access to the food establishment as specified under § 10.02.008(i)(1);
(7)
Except as specified under § 10.02.008(g)(8), replace existing facilities and equipment specified in § 10.02.008(a) with facilities and equipment that comply with these rules if:
(A)
The regulatory authority directs the replacement
because the facilities and equipment constitute a public health hazard
or nuisance or no longer comply with the criteria upon which the facilities
and equipment were accepted;
(B)
The regulatory authority directs the replacement
of the facilities and equipment because of a change of ownership;
or
(C)
The facilities and equipment are replaced in the
normal course of operation;
(8)
Upgrade or replace countertop, under-counter and open-top refrigeration units located in the food preparation area as specified under FDA 2017 Food Code 3-501.16, if the circumstances specified under §§ 10.02.008(g)(7)(A)–(C) do not occur first;
(9)
Comply with directives of the regulatory authority including
time frames for corrective actions specified in inspection reports,
notices, orders, warnings, and other directives issued by the regulatory
authority in regard to the permit holder's food establishment
or in response to community emergencies;
(10)
Accept notices issued and served by the regulatory authority
according to law;
(11)
Be subject to the administrative, civil, injunctive, and criminal
remedies authorized in law for failure to comply with these rules
or a directive of the regulatory authority, including time frames
for corrective actions specified in inspection reports, notices, orders,
warnings, and other directives; and
(12)
Established listed under § 10.02.007 shall be subject to § 10.02.008(g).
(h)
Regulatory authority should inspect each food establishment
at least once every six months. If the regulatory authority cannot
meet this frequency, inspection frequency shall be prioritized based
upon assessment of a food establishment's history of compliance
with these rules and the potential for causing foodborne illness by
evaluating:
(1)
Past performance, for nonconformance with these rules or HACCP
plan requirements that are critical;
(2)
Past performance, for numerous or repeat violations of these
rules or HACCP plan requirements that are noncritical;
(3)
Past performance, for complaints investigated and found to be
valid;
(4)
The hazards associated with the particular foods that are prepared,
stored, or served;
(5)
The type of operation including the methods and extent of food
storage, preparation, and service;
(6)
The number of people served;
(7)
Whether the population served is a highly susceptible population;
and
(8)
Any other risk factor deemed relevant to the operation by the
regulatory authority.
(i)
Competency and access.
(1)
An individual conducting inspections of retail food establishments
should be a registered professional sanitarian in the state or a sanitarian-in-training
in the state, as defined in 16 Tex. Admin. Code § 119.2
or should meet the FDA voluntary national retail food regulatory program
standards basic curriculum and field training elements in order to:
(2)
After the regulatory authority presents official credentials
and provides notice of the purpose of, and an intent to conduct, an
inspection, the person in charge shall allow the regulatory authority
to determine if the food establishment is in compliance with these
rules by:
(3)
If a person denies access to the regulatory authority, the regulatory
authority shall:
(A)
Inform the person that:
(i)
The food establishment is required to allow access
to the regulatory authority as specified under this section;
(ii)
Access is a condition of the acceptance and retention of a food establishment permit to operate as specified under § 10.02.008(g)(6); and
(iii)
If access is denied, an order issued by the appropriate
authority allowing access, hereinafter referred to as an inspection
warrant, may be obtained according to law; and
(B)
Make a final request for access.
(4)
If after the regulatory authority presents credentials and provides notice as specified under § 10.02.008(i)(2), explains the authority upon which access is requested, and makes a final request for access as specified in § 10.02.008(i)(3), the person in charge continues to refuse access, the regulatory authority shall provide details of the denial of access on an inspection report form.
(5)
If denied access to a food establishment for an authorized purpose and after complying with § 10.02.008(i)(2), the regulatory authority may issue, or apply for the issuance of, an inspection warrant to gain access as provided in law.
(j)
Report of findings.
(1)
The regulatory authority shall document on an inspection report
form:
(A)
Administrative information about the food establishment's
legal identity, street and mailing addresses, inspection date, and
other information such as status of the permit, and personnel certificates
that may be required; and
(B)
Specific factual observations of violative conditions
or other deviations from these rules that require correction by the
permit holder including:
(i)
Failure of the person in charge to demonstrate
the knowledge of foodborne illness prevention, application of HACCP
principles, and the requirements of these rules specified under FDA
2017 Food Code 2-102;
(ii)
Failure of food employees and the person in charge
to demonstrate their knowledge of their responsibility to report a
disease or medical condition as specified under Food Code 2-201;
(iii)
Nonconformance with critical items of these rules;
(iv)
Failure of the appropriate food employees to demonstrate their knowledge of, and ability to perform in accordance with, the procedural, monitoring, verification, and corrective action practices required by the regulatory authority as specified under § 10.02.008(c)(3);
(v)
Failure of the person in charge to provide records required by the regulatory authority for determining conformance with a HACCP plan as specified under § 10.02.008(d)(2)(D)(vi); and
(vi)
Nonconformance with critical limits of a HACCP
plan; and
(C)
A summary of the inspectional findings that totals
weighted demerit values for the inspection items.
(2)
The regulatory authority shall specify on the inspection report form the time frame for correction of the violations as specified under § 10.02.008(k)(1), § 10.02.008(l)(1), and § 10.02.008(m).
(3)
At the conclusion of the inspection and according to law, the
regulatory authority shall provide a copy of the completed inspection
report and the notice to correct violations to the permit holder or
to the person in charge, and request a signed acknowledgment of receipt.
(4)
If any person refuses to sign acknowledgment, the regulatory
authority shall:
(A)
Inform a person who declines to sign an acknowledgment of receipt of inspectional findings as specified in § 10.02.008(j)(3) that:
(i)
An acknowledgment of receipt is not an agreement
with findings;
(ii)
Refusal to sign an acknowledgment of receipt will
not affect the permit holder's obligation to correct the violations
noted in the inspection report within the time frames specified; and
(iii)
A refusal to sign an acknowledgment of receipt
is noted in the inspection report and conveyed to the regulatory authority's
historical record for the food establishment; and
(B)
Make a final request that the person in charge
sign an acknowledgment receipt of inspectional findings.
(5)
Except as specified in § 10.02.008(e), the regulatory authority shall treat the inspection report as a public document and shall make it available for disclosure to a person who requests it as provided in law.
(6)
For the purposes of chapter 437, Texas Health and Safety Code,
the department adopts the retail food establishment inspection report
form as specified in the following figure.
(7)
Every food service establishment in the city except temporary
food service establishments and retail food establishments, shall;
(A)
Display at the entrance of the food establishment,
a placard approved by the regulatory authority stating the sanitary
condition received at the time of the most recent inspection of the
establishment.
(B)
Immediately following each inspection of a food service establishment, the regulatory authority shall issue an appropriate notice in accordance with § 10.02.008(j).
(k)
Imminent health hazard.
(1)
Ceasing operations and reporting.
(A)
Except as specified in § 10.02.008(k)(1)(B), a food establishment shall immediately discontinue operations and notify the regulatory authority if an imminent health hazard may exist because of an emergency such as a fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, onset of an apparent foodborne illness outbreak, gross insanitary occurrence or condition, or other circumstance that may endanger public health.
(B)
A permit holder need not discontinue operations
in an area of an establishment that is unaffected by the imminent
health hazard.
(2)
If operations are discontinued as specified under § 10.02.008(k)(1) or otherwise according to law, the permit holder shall obtain approval from the regulatory authority before resuming operations.
(l)
Critical violations, time frame for correction.
(1)
Timely correction.
(A)
Except as specified in § 10.02.008(l)(1)(B), the food establishment shall at the time of inspection implement immediate corrective actions of a critical violation of these rules and implement corrective actions for a HACCP plan provision that is not in compliance with its critical limit.
(B)
Considering the nature of the potential hazard
involved and the complexity of the corrective action needed, the regulatory
authority may agree to or specify a longer time frame, not to exceed
10 calendar days after the inspection, for the food establishment
to correct critical rule violations or HACCP plan deviations.
(2)
Verification and documentation of correction.
(A)
After observing at the time of inspection a correction
of a critical violation or deviation, the regulatory authority shall
enter the violation and information about the corrective action on
the inspection report.
(B)
As specified under § 10.02.008(l)(1)(B), after receiving notification that the food establishment has corrected a critical violation or HACCP plan deviation, or at the end of the specified period of time, the regulatory authority shall verify correction of the violation, document the information on an inspection report, and enter the report in the regulatory authority's records.
(C)
When the total cumulative demerit value of an establishment
exceeds 30 demerits, the establishment shall initiate immediate corrective
action on all identified critical violations and shall initiate corrective
action on all other violations within 48 hours. One or more reinspections
shall be conducted at reasonable time intervals to assure correction.
(D)
In the case of temporary food establishments, all
critical violations must be corrected immediately and other violations
must be corrected within 24 hours or sooner if required by the regulatory
authority. If violations are not corrected, the establishment shall
immediately cease food operations until authorized to resume by the
regulatory authority.
(m)
Other violations, time frame for correction.
(1)
Except as specified in § 10.02.008(m)(2), the food establishment shall correct other violations by a date and time agreed to or specified by the regulatory authority but no later than 90 calendar days after the inspection.
(2)
The regulatory authority may approve a compliance schedule that extends beyond the time limits specified under § 10.02.008(m)(1) if a written schedule of compliance is submitted by the food establishment and no health hazard exists or will result from allowing an extended schedule for compliance.
(n)
The regulatory authority may examine and collect samples of
food as often as necessary for the enforcement of these rules. A receipt
for samples shall be issued by the regulatory authority. The department
shall, upon written notice to the owner or person in charge specifying
the reason therefore, place under detention any food which it has
probable cause to believe is adulterated or misbranded in accordance
with the provisions of the Texas Food, Drug, and Cosmetic Act, Texas
Health and Safety Code, chapter 431.
(o)
Investigation and control.
(1)
The regulatory authority shall act when it has reasonable cause
to believe that a food employee has:
(A)
Possibly transmitted disease;
(B)
May be infected with a disease in a communicable
form that is transmissible through food;
(C)
May be a carrier of infectious agents that cause
a disease that is transmissible through food; or is affected with
a boil, an infected wound, or acute respiratory infection, by:
(i)
Securing a confidential medical history of the
employee suspected of transmitting disease or making other investigations
as deemed appropriate; and
(ii)
Requiring appropriate medical examinations, including
collection of specimens for laboratory analysis, of a suspected employee
and other employees.
(2)
Based on the findings of an investigation related to a food
employee who is suspected of being infected or diseased, the regulatory
authority may issue an order to the suspected food employee or permit
holder instituting one or more of the following control measures:
(3)
Based on the findings of the investigation as specified in § 10.02.008(o)(1) and to control disease transmission, the regulatory authority may issue an order of restriction or exclusion to a suspected food employee or the permit holder without prior warning, notice of a hearing, or a hearing if the order:
(A)
States the reasons for the restriction or exclusion
that is ordered;
(B)
States the evidence that the food employee or permit
holder shall provide in order to demonstrate that the reasons for
the restriction or exclusion are eliminated;
(C)
States that the suspected food employee or the
permit holder may request an appeal hearing by submitting a timely
request as provided in law; and
(D)
Provides the name and address of the regulatory
authority representative to whom a request for an appeal hearing may
be made.
(4)
The regulatory authority shall release a food employee from
restriction or exclusion according to Texas Health and Safety Code,
chapter 438, § 438.033, and the following conditions:
(A)
A food employee who was infected with Salmonella
typhi if the food employee's stools are negative for S. typhi
based on testing of at least three consecutive stool specimen cultures
that are taken:
(B)
If one of the cultures taken as specified in § 10.02.008(o)(4)(A) of this paragraph [division] is positive, repeat cultures are taken at intervals of one month until at least three consecutive negative stool specimen cultures are obtained;
(C)
A food employee who was infected with Shigella
spp. or Shiga toxin-producing Escherichia coli if the employee's
stools are negative for Shigella spp. or Shiga toxin-producing Escherichia
coli based on testing of two consecutive stool specimen cultures that
are taken:
(p)
Reporting of communicable diseases.
(1)
Certain persons, as required in § 97.2 of the Tex.
Admin. Code, shall report certain confirmed and suspected foodborne
diseases.
(2)
Confirmed and suspected cases of the following diseases, including,
but not limited to the following, are reportable: botulism; campylobacteriosis;
cryptosporidiosis; Escherichia coli 0157:H7; hepatitis A, acute viral;
listeriosis; salmonellosis; shigellosis; trichinosis; and Vibrio infection.
(3)
Reporting of communicable diseases shall be done in accordance
with § 97.4 of the Tex. Admin. Code.
(4)
Persons required to report communicable diseases shall report
to the local health authority, or in the case where there is no local
health authority, the report shall be made to the department's
Regional Director as required in § 97.5 of the Tex. Admin.
Code.
(5)
Local health authorities and regional directors shall report
communicable diseases to the department as provided for in § 97.6
of the Tex. Admin. Code.
(Ordinance 23-013 adopted 2/14/2023)
