The following terms shall have the meaning stated below when used in this article:
Acceptable to the regulatory authority based on a determination of conformity with principles, practices, and generally recognized standards that protect public health.
A person who is a member of the public, takes possession of food, is not functioning in the capacity of an operator of a food establishment or food processing plant, and does not offer the food for resale.
A person who goes in person calling upon, selling, canvassing, etc., at each house, apartment or dwelling in an area of town. Example includes a subscription to magazine sale.
A social gathering or activity that occurs in a certain place during a particular interval of time. They are, but not limited to; festivals, carnivals, parades, concerts, fairs, stock shows, awareness campaigns and/or public sporting events. The event is (open to the general public) for the public, and (can include) identified as a nonprofit type fundraising campaigns.
A food establishment designed to be a permanent structure, that is, nonmobile.
As defined by the Texas Food Establishment Rules:
An operation that stores, prepares, packages, serves, vends, 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 location; conveyance used to transport people; institution; or food bank; and
That 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.
Food establishment includes:
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
An operation that is conducted in a mobile, stationary, temporary, or permanent facility or location; where consumption is on or off the premises; and regardless of whether there is a charge for the food or not.
Food establishment does not include:
An establishment that offers only prepackaged foods that are not potentially hazardous;
A produce stand that only offers whole, uncut fresh fruits and vegetables;
A food processing plant;
A kitchen in a private home if only food that is not potentially hazardous is prepared for sale or service at a function such as a religious or charitable organization's bake sale if allowed by law;
An area where food that is prepared as specified in subsection (3)(D) of this subsection is sold or offered for human consumption;
A bed and breakfast limited facility as defined in these rules; or
A private home that receives catered or home-delivered food.
A pick-up truck or similar vehicle with either a built-on or slide-in prefabricated freezer unit, or a canopy with a freezer inside for the delivery of pre-packaged food to designated addresses, but does not include no open food handling or door-to-door sales is allowed.
Any nonfood product or tangible item that is sold, rented, given away or used for advertisement. This also includes service type sales, such as glass repair or carwash business.
A systematic approach to the hazard identification, evaluation, and control of food safety hazards.
A seller whose sales are dependent on a season of the year or on holidays of the year, to include before or after a holiday or special occasion, but which does not involve nonprofit sellers. Examples of holiday vendors: Easter sales, Mother's Day, Dia de los Muertos (Day of the Dead), Valentines, etc.
A seller who does not operate a place of business in Texas and who travels to various locations in this state to solicit sales.
A mobile food unit designed to be towed on public roads, and having an enclosed area for storage, handling, or preparation of food, and permitted as mobile food full service coach. The term does not include a pushcart or any portable unit for the service of food.
Any operation which sells food and/or beverage items from a nonstationary location within the city, including:
As defined in the Texas Administrative Code § 229.371(9), a civic or fraternal organization, charity, lodge, association, proprietorship or corporation possessing a 501(C) exemption under the Internal Revenue Code; or religious organizations meeting the definition of "church" under the Internal Revenue Code, § 170(b)(1)(A)(I).
An incorporated organization or charitable organization established for social well-being, religious, educational, charitable reasons or other activities serving the public interest or common good, and from which its shareholders or trustees do not benefit financially. Any money earned must be retained by the organization, and used for its own expenses, operations, and programs.
Packaged means bottled, canned, cartooned, securely bagged, or securely wrapped, whether packaged in a food establishment or a food processing plant.
Packaged does not include a wrapper, carry-out box, or other nondurable container used to containerize food with the purpose of facilitating food protection during service and receipt of the food by the consumer.
The document issued by the regulatory authority that authorizes a person to operate a food establishment or authorizes general product vending.
The entity that:
An association, a corporation, individual, partnership, other legal entity, government, or governmental subdivision or agency.
The individual present at a food establishment who is responsible for the operation at the time of inspection.
A fundraiser held to assist a candidate for office.
Those vendors that sell seasonal produce such as fruits and/or vegetables only, possess a valid state tax permit and have a U.S.D.A. registration number
The local, state, or federal enforcement body or authorized representative having jurisdiction over the food establishments.
Any activity directly related to a public or private school organization, club or group, and/or any activity that is organized by any public or private school organization, club or group; with the sole purpose to learn a specific task, educate, raise awareness and/or instill sportsmanship; that will only fund the same public or private school organization, club or group.
A person who is permitted to sell on/or by a commercially zoned property only. Example includes newspaper sales.
Abbreviation for Texas Food Establishment Rules. This is the basic laws set forth by the state health authority in Texas.
A food establishment that operates for a period of no more than 14 consecutive days in conjunction with a single event or celebration.
(Ordinance 2385-B adopted 11/17/15; Ordinance 2385-C adopted 5/7/19; Ordinance 2385-D adopted 8/15/2023)