The city adopts by reference the provisions of the latest edition of the Texas Administrative Code, title 25 Health Services, part 1 Department of State Health Services, chapter 228 Retail Food Establishment, known as the Texas Food Establishment Rules ("TFER").
(Ordinance 015-2011 adopted 7/18/2011; Ordinance 039-2023 adopted 11/13/2023)
Authorized agent or employee.
The employees of the health authority.
City.
The City of Haslet, Texas.
Food establishment.
A food service establishment, a retail food store, a temporary food establishment, a mobile food unit, and/or a roadside food vendor.
Health authority.
The medical director of the Tarrant County Public Health Department.
State rules.
The state rules found at in the latest edition of the Texas Administrative Code, title 25 Health Services, part 1 Department of State Health Services, chapter 228, Retail Food Establishment. These rules are also known as the Texas Food Establishment Rules.
(Ordinance 015-2011 adopted 7/18/2011; Ordinance 039-2023 adopted 11/13/2023)
A person may not operate a food establishment without a permit issued by the health authority. Permits are not transferable from one person or entity to another or from one location to another location, except as otherwise permitted by this article. A valid permit must be visibly posted in or on every food establishment regulated by this article.
(Ordinance 015-2011 adopted 7/18/2011; Ordinance 039-2023 adopted 11/13/2023)
(a) 
Any person desiring to operate a food establishment must make a written application for a permit on forms provided by the health 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) 
Prior to the approval of an initial permit or the renewal of an existing permit, the health 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) 
Fees for permits issued under this article shall be issued by the health authority, who shall be authorized to collect said fees, which shall be enforceable within thirty (30) days of approval by the Tarrant County Commissioner's Court.
(Ordinance 015-2011 adopted 7/18/2011; Ordinance 039-2023 adopted 11/13/2023)
(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 health authority for review before work is begun. Extensive remodeling means that 20% or greater of the area of the food establishment is to be remodeled or when equipment required by the rules is to be relocated or removed. 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 health 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 015-2011 adopted 7/18/2011; Ordinance 039-2023 adopted 11/13/2023)
(a) 
Before a permit is issued, the health authority shall inspect and approve the food establishment. An inspection of a food establishment shall be performed at least once annually and shall be prioritized based upon assessment of a food establishment's compliance and potential of causing foodborne illness in accordance with state rules.
(b) 
Refusal of an owner, manager or employee to allow the authorized representative of the health authority, upon presentation of credentials, to inspect any permitted business or operation therein during normal business hours will result in an immediate suspension of the permit, requiring all permitted activities to abate until after such time as a hearing may be held per section 6.04.008.
(Ordinance 015-2011 adopted 7/18/2011; Ordinance 039-2023 adopted 11/13/2023)
When required under state rules:
(1) 
Each food service establishment shall have at least one person employed in a managerial capacity possessing a current food manager certificate approved by the health authority.
(2) 
Each food service establishment with six or more employees that is required to have certified food managers must have at least one certified manager on site during all operations.
(3) 
Every employee of a food service establishment other than a certified food manager must maintain a valid food handler certification registered with the health authority.
(4) 
Food handler certification shall be valid for a period of up to three years as determined by the health authority.
(5) 
Food manager and food handler certification documentation must be maintained in the food service establishment and presented upon request by the health authority.
(Ordinance 015-2011 adopted 7/18/2011; Ordinance 039-2023 adopted 11/13/2023)
(a) 
The health 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 hazard to public health. 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 ten 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 health 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 health authority may end the suspension at any time if reasons for suspension no longer exists.
(Ordinance 015-2011 adopted 7/18/2011; Ordinance 039-2023 adopted 11/13/2023)
(a) 
The health 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 health authority in the performance of its duties. Prior to revocation, the health 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 health 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 015-2011 adopted 7/18/2011; Ordinance 039-2023 adopted 11/13/2023)
(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 as shown on their permit application. A copy of the notice shall be filed in the records of the health authority.
(b) 
The hearings provided for in these rules shall be conducted by the health authority at a time and place designated by it. Based upon the recorded evidence of such hearing, the health 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 health authority.
(Ordinance 015-2011 adopted 7/18/2011; Ordinance 039-2023 adopted 11/13/2023)
(a) 
Any person who violates a provision of these rules and any person who is the permit holder of or otherwise operates a food service establishment that does not comply with the requirements of these rules and any responsible officer of that permit holder or those persons shall be fined not more than two thousand dollars ($2,000.00).
(b) 
The health authority may seek to enjoin violations of these rules.
(Ordinance 015-2011 adopted 7/18/2011; Ordinance 039-2023 adopted 11/13/2023)