The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
An establishment with more than seven rooms for rent or an establishment that provides food service other than breakfast to overnight guests. A bed and breakfast extended would be required to hold a retail food establishment permit.
An establishment that has seven or fewer rooms for rent, serves breakfast to overnight guests, and is not considered a retail food establishment.
Any person/entity who operates from a permitted food facility where food is prepared or stored then served at an off premises caterer function.
Also known as a commissary means an approved and permitted facility or space where food is prepared, stored, and packaged. Central preparation facilities may be required when the food establishment's operations are not wholly contained to a single location such as, but not limited to, with retail food establishments mobile, certain catering operations, or pop-up food vendors.
A food establishment, which is not mobile and is operated for the purpose of providing food at events associated with an independent school district, community college, for-profit or nonprofit organization, university, private school, or municipality.
Any person hired to prepare and/or serve food at a private home. Cook-for hire shall not provide catered food. All food prepared by a cook-for-hire is handled at the location of the private home where the client provided the food, utensils, equipment, and kitchen. No permit is required since only food preparation services, not food, are offered for sale/service at a private home.
A service offered by retail food establishments in which the order is transferred from the establishment to the end consumer at a location designated by the end consumer. A catering permit is not required for delivery or large orders.
A farmer or food producer who sells food at a farmers' market. Covers sales at all farmers' markets, farm stands, and farms within the jurisdiction of the permitting authority.
A designated location used for a recurring event at which a majority of the vendors are farmers or other food producers who sell food directly to consumers. A farmers' market must include at least two vendors who meet the definition of "farmer" as defined in 25 TAC chapter 229.702 and may include vendors who meet the definition of "food producer" as defined 25 TAC 229.702. In addition, a farmers' market may include vendors who are not "farmers" or "food producers," provided that "farmers" and "food producers" constitute the majority of vendors who participate in the market throughout the year.
The 2017 FDA Food Code, as amended, or as referenced by the Texas Food Establishment Rules, as amended.
A substance that comes into contact with food and is not intended to have a technical effect on such food. Including but not limited to: food packaging and its components, processing equipment, food preparation surfaces, or cookware.
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; (machine) self-service food market, 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.
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.
Does not include:
An establishment that offers only prepackaged foods that are not time/temperature control for safety food;
A produce stand that only offers whole, uncut fresh fruits and vegetables;
A food processing plant;
A cottage food production operation as defined by Texas Health and Safety Code § 437.001;
An area where food that is prepared in a cottage food production operation is sold or offered for human consumption;
A "bed and breakfast limited" facility as that phrase is defined by 25 Texas Administrative Code § 228.2; if the consumer is informed by statements contained in published advertisements, mailed brochures, or placards posted at the registration area that the food is prepared in a kitchen that is not regulated and inspected by the Wichita City/County Public Health District; or
A private home that receives catered or home-delivered food.
A third-party delivery service.
Operation of a lemonade, or other beverage stand on a temporary basis by persons under the age of 18. In this instance, neither the beverage stand nor the kitchen in the private home in which the product was prepared shall be considered a food establishment.
A food establishment shall not include, and no permit shall be required under this article for, the preparation of food of any kind in a kitchen in a private home for a noncommercial purpose, including but not limited to: potluck suppers, picnics, tailgating, office parties, school functions, or other similar private events.
A raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use, or for sale in whole or in part for human consumption, or chewing gum.
Soft serve, gelato, frozen custard, frozen yogurt or other frozen dessert prepared by adding a mix to a specialized machine.
Also known as virtual kitchens, or dark kitchens, means a food service business that serves customers exclusively by delivery and pick-up based on phone and online ordering. They may be stand-alone businesses that operate out of either an existing restaurant's kitchen or an extension of the existing business.
Persons who are more likely than other people in the general population to experience foodborne disease because they are:
(A) | Immunocompromised; preschool age children, or older adults; and |
(B) | Obtaining food at a facility that provides services such as custodial care, health care, or assisted living, such as but not limited to a child or adult day care center, kidney dialysis center, hospital or nursing home, or nutritional or socialization services such as a senior center. |
Also called imminent health hazard means a significant threat or danger to health due to a product, practice, circumstance, or event that creates a situation that would likely lead to foodborne illness as determined by the regulatory authority. Imminent health hazards include but are not limited to: no water service, no electrical power, sewage backup, rodent or insect infestation as determined by the regulatory authority, a food establishment that receives an inspection score of 69 or below during an inspection, or a food vendor, who is not required to obtain a permit, whose practices are likely to lead to foodborne illness.
A biological, physical or chemical laboratory that is under the supervision of the state or local health authority.
A vehicle-mounted, self or otherwise propelled, self-contained food service operation, designed to be readily movable (including, but not limited to catering trucks, trailers, and push carts) and used to store, prepare, display, serve or sell food. Mobile units must completely retain their mobility at all times. A mobile food unit does not mean a stand or a booth.
A retail food establishment that offers for sale various TCS and non-TCSs packaged food items for consumers to purchase and primarily consume off-site with or without additional food preparation activities in addition to having specialized food departments such as a deli, snack bar, meat market, fish market, or produce market.
(A) | Deli. Department which specializes in sliced meats and cheeses or other cold cuts. |
(B) | Snack bar. Department which provides ready to eat food concessions such as but not limited to: hot dogs, burgers, pizza, salad bar, soups. |
(C) | Bakery. Department which specializes in baked goods. |
(D) | Meat market. Department which cuts and or packages raw meat products. For the purpose of this article, a facility that sells only pre- packaged products shall not require the meat market endorsement on their permit. |
(E) | Fish market. Department which cuts or packages raw fish, crustaceans, mollusks, or other seafood or fresh water animals. For the purposes of this article, a facility that sells only pre-packaged products shall not require the fish market endorsement on their permit. |
(F) | Produce market. Department which cuts or packages produce. For the purposes of this article, a facility that sells only whole-uncut produce or which sells pre-cut produce that is received in that state shall not require the produce endorsement on their permit. |
(G) | Other department. A department that does not meet the definition of any other department. |
A corporation where no part of the income is distributable to a member, director, or officer of the corporation.
A private caterer function (weddings, birthdays, etc.) or public caterer function (individual business functions, nonprofit organization fundraiser, etc.) where a caterer provides food and related services for a person or persons at a location other than their permitted food facility.
A lot or parcel of land established to provide facilities allowing two or more mobile food units to be parked on the property for the purpose of vending to the public on that property.
The individual present at a food establishment who is responsible for the operation at the time of inspection.
A food establishment that operates on a temporary basis and may "pop-up" at various locations. A pop-up food vendor must comply with all of the sanitation regulations required of temporary food establishments. A pop-up food vendor does not have to operate in conjunction with a public event. Pop-up food vendors must have a contract with a central preparation facility and at least one certified food protection manager scheduled and available.
The Wichita Falls-Wichita County Public Health District.
A brick-and-mortar retail food establishment that operates on a routine basis and that handles packaged food products.
A mobile food unit that only handles packaged food products such as prepackaged novelty ice cream.
A mobile food unit that handles and/or prepares unpackaged food items.
A permit for a brick-and-mortar retail food establishment that operates on a routine basis and is not a multi-departmental grocery store.
An add on permit that allows a food establishment to provide open samples of their products to customers prior to sale at locations other than their permitted food establishment. A sampling permit must meet the sanitation requirements of a temporary food event. Sampling permits do not have to be tied to a public event. A sampling permit is not required to provide samples within a permitted food establishment. If a third-party retailer is providing samples within an establishment it is the responsibility of the permitted food establishment to ensure that [they] are meeting the food safety standards outlined in this article.
The preparation of food as an example, instruction, or for marketing purposes at an event including but not limited to, a farmers market, fair, restaurant food show, or other similar event that is served, sold, or otherwise offered for human consumption.
A retail food establishment kitchen designed to accommodate multiple businesses either through the use of time sharing or separate spaces. Shared community kitchen spaces may also serve as commissary and/or central preparation facilities to mobile food units. These can help growing businesses reduce overhead cost while ensuring the retail food establishment standards are maintained.
The state rules found at 25 Texas Administrative Code, §§ 228.1, 228.2, 228.31, 228.32, 228.61—228.64, 228.141—228.143, 228.171, 228.172, 228.211, 228.221—228.225, 228.241—228.246, as amended by the Texas Legislature from time-to-time. These rules are also known as the Texas Food Establishment Rules (TFER).
Also known as the promoter, means the person responsible for sponsoring or organizing and/or advertising the activities of an event and for facilitation of utilities to vendors throughout the event. The event coordinator shall provide a written statement describing the event and listing all proposed temporary food establishments. The event coordinator of an event at which a temporary food establishment is operated shall ensure that a permit is obtained for each temporary food establishment. The temporary event coordinator must identify and ensure that each vendor has utilities including but not limited to maintaining access to potable water connections, backflow prevention, proper wastewater and grease disposal, electrical needs of vendors, toilet facilities, crowd control, trash control, securing qualified temporary food vendors, and coordinating the health and safety of invited guests. A temporary event coordinator is required whenever an event is expected to have 2 or more food vendors.
A food facility that operates for a temporary period of time. The facility operates at a fixed location for no longer than 14 consecutive days. No more than 15 temporary event permits will be issued per business or applicant per calendar year. If an establishment wishes to operate more frequently than is permitted with a temporary permit they may upgrade to the pop-up food vendor permit.
An individual or business that advertises to the public that they are available to hire to transport food in exchange for a fee. Also called a common carrier.
Any act or process by which food is offered free of charge or offered, exchanged, transferred, or otherwise made available to another party in return for monetary payment, barter, trade, or any other form of consideration, regardless of whether such transaction occurs through physical or electronic means for human consumption.
[Ordinance 18-2024 adopted 6/4/2024]