The Texas Food Establishment Rules (title 25, part 1, chapter
228 et seq. of the Texas Administrative Code (25 Tex. Admin. Code
ch. 228 et seq.)), effective October, 2015, as presently written and
appendices thereto, and subsequent amendments and additions, are hereby
adopted by reference as though copied herein, word for word, except
for the local amendments provided for below; provided that the term
"Municipality of Brookshire" for the purposes of this article shall
be understood to refer to the city, and the term "regulatory authority"
shall be understood to refer to the city health inspector, his designees
and/or persons or entities designated by the city to perform health
and sanitation services on behalf of the city. One copy of the Texas
Food Establishment Rules and the local amendments shall be on file
in the office of the city secretary.
(Ordinance 16-607-12, § 1(A),
adopted 2/4/2016)
The Texas Food Establishment Rules, 2015 edition, as adopted
herein and made a part of this chapter, are hereby amended as follows:
(1)
Food
establishment permit.
(a)
Required.
It shall be unlawful for any person to operate
a food establishment in the city unless he possesses a current and
valid food establishment permit issued by the city's health inspector
and complies with this article and the rules and regulations adopted
hereunder. 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. A food
establishment that does not comply with state laws and rules and any
applicable city ordinance will be denied a permit or the renewal of
a permit.
(b)
Fees.
A non-refundable fee, in an amount determined
by the city council, shall be paid for issuance of a food establishment
permit.
(c)
Posting.
A valid permit shall be posted in public view
in a conspicuous place at the food establishment for which it is issued.
(d)
Non-transferable.
Permits issued under this article
are not transferable. Upon change of ownership of a food establishment,
the new owner will be required to meet current standards as defined
by city ordinances and state law before a permit will be issued. Upon
change of location a new permit is required.
(e)
Denial, suspension or revocation.
The regulatory authority
may deny, suspend, or revoke any permit to operate a food establishment
if the operator fails to comply with these rules and regulations,
or if the operation of the food establishment is detrimental to the
public health, safety and welfare. A permit can be denied, suspended,
or revoked following written notice to the food establishment operator,
and an opportunity for a hearing. Notice must list the specific violations,
and give a period of time in which the violations must be corrected.
Failure to correct the violations as listed on the written notice
will be grounds for denial, suspension or revocation of a permit.
(f)
Hearing.
If a permit is then denied, suspended or revoked,
the food establishment operator has three working days to request
a hearing before the city council. The request must be in writing
and delivered to the regulatory authority, with a copy of said request
to the city secretary. A hearing before the city council will be held
within ten working days of the request. The decision of the city council
shall be final. If no request for hearing is made within three working
days, the denial, suspension or revocation is sustained.
(2)
Mobile
food units.
By amending 25 Tex. Admin. Code § 228.221(a)(2),
"mobile food units," "restricted operation" to substituting the following
provision:
|
(a)(2) Restricted operation. Mobile food units
will be permitted only on private property in conjunction with a temporary
event. The operator of said mobile food unit must first:
| |
|
(i)
|
Obtain a temporary food establishment permit from the regulatory
authority, and
|
|
(ii)
|
Obtain written permission from the property owner or lawful
tenant for placement of the mobile food unit on said private property,
mobile food units that serve only food that is prepared, packaged
in individual servings, transported and stored under conditions meeting
the requirements of this chapter, or beverages that are non-time/temperature
controlled for safety (NTCS) food and are dispensed from covered urns
or other protected equipment, need not comply with the requirements
of these rules pertaining to the necessity of water and sewage system
nor to those requirements pertaining to the cleaning and sanitization
of equipment and utensils of the required equipment for cleaning and
sanitization exists at its central preparation facility.
|
(3)
Mobile
food units.
By amending 25 Tex. Admin. Code § 228.221(a)(4)
"mobile food units," "initial permitting inspection," by deleting
subsection (a)(4) in its entirety and substituting a new subsection
(a)(4) to state as follows:
|
(a)(4) Initial permitting requirements. The
regulatory authority shall require a mobile food unit to provide the
following documentation at least seven days prior to the event:
| |
|
(A)
|
Certified food manager certification.
|
|
(B)
|
Central preparation facility authorization (if required). A
signed letter of authorization is required, to verify facility use,
if the central preparation facility is not owned by the mobile unit
operator.
|
|
(C)
|
Central preparation facility inspection report. A copy of the
most current health inspection of the central preparation facility
must be maintained on the mobile unit at all times.
|
|
(D)
|
Servicing area authorization. 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.
|
|
(E)
|
Menu of all food items to be sold.
|
|
(F)
|
A floorplan of the mobile unit showing all of the internal and
external equipment that has been added to the vehicle for the purpose
of mobile vending submitted as a part of the temporary food permit
submittal.
|
(4)
Temporary
food establishments.
By amending 25 Tex. Admin. Code
§ 228.222(a), (b). By amending 25 Tex. Admin. Code § 228.222
"temporary food establishments," deleting subsections (a) and (b)
in their entirety and, adding, in substitution therefore, the following
new subsections (a) and (b) to state as follows:
(a)
General.
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/temperature controlled for safety (TCS) foods, and when
no health hazard will result, such as children's neighborhood beverage
stands, may waive or modify requirements of these rules.
(b)
Food temperatures.
All food temperature requirements
shall be met as contained in subchapter C (relating to food).
(5)
Plan
review required.
By amending 25 Tex. Admin. Code § 228.244,
"facility and operating plans," to add new subsection (e) to state
as follows:
(e)
Plan review required.
Food establishments may not be constructed, remodeled, or altered
except in accordance with plans and specifications approved by the
city. 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 specification for
such construction, remodeling or conversion shall be submitted to
the city for review before work is begun. Extensive remodeling means
that 20 percent or greater of the area of the food establishment is
to be remodeled. 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 city 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. The plans and specifications
for the construction, remodeling or alteration of the food establishment
must include the following:
1.
Proposed
menu (including seasonal, off-site and banquet menus).
2.
Proposed
layout of the areas to be used for food preparation, storage, classroom
(if applicable) and dining.
3.
Site
plan showing the location of the food establishment in the building
where it operates, and a street map showing the location of the food
establishment to include designation of adjacent streets, alleys,
buildings and outside equipment (such as dumpsters).
4.
Two
sets of plans, drawn to scale, of the interior of the food establishment,
showing the location of all stationary and non-stationary equipment,
clean/dirty laundry storage, chemical storage, dry food storage, employee
lockers and break areas, facilities for plumbing, electrical services
and mechanical ventilation.
(Ordinance 16-607-12, § 1(B),
adopted 2/4/2016)
Any person who shall intentionally, knowingly, recklessly, or with criminal negligence violate any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished as provided in section 1-13 and shall be cumulative of the provisions regarding suspension or revocation of a permit, license or certificate. Each day of violation shall constitute a separate offense.
(Ordinance 16-607-12, § 3,
adopted 2/4/2016)
