Editor's note—Former Ch. 8 pertained to similar subject matter and derived from Ordinance 8377, 8/5/2004; Ordinance 8520, 8/4/2005; Ordinance 8831, 6/28/2007; and Ordinance 2013-9522, 11/7/2013.
ATTACHMENTS
Attachment 1 - 2021 Texas Food Establishment Rules Amendments
(a) 
Adopted.
The City of Irving hereby adopts the Texas Food Establishment Rules (TFER) contained in Chapter 228 (Retail Food Establishments) of the Texas Administrative Code, Title 25, a copy of which is on file with the office of the city secretary, as the Food Establishment Code for the City of Irving, including regulations adopted by reference therein, except as amended, modified, and deleted by this chapter.
(b) 
Amendments to the Texas Food Establishment Rules.
Amendments included in this section are intended to be specific code provisions. If there is a conflict between a provision in The Texas Food Establishment Rules effective August 8, 2021 and this section, the specific provisions of this section shall control. Amendments to the Texas Food Establishment Rules are adopted as follows:[1]
[1]
Editor's note—The amendments to the Texas Food Establishment Rules are included as an attachment to this chapter.
(Ordinance 2016-9884, § 1, adopted 12/8/2016; Ordinance 2024-10885, § 1, adopted 3/21/2024)
(a) 
A permit fee shall accompany each application for a food establishment or temporary food establishment. Applicants are not, under any circumstances, entitled to a refund of permit fees after an application has been filed. The permit fee schedule for new and renewal permits is as follows:
(1) 
Permit for permanent food establishments:
a. 
0—10 employees: three hundred and fifty dollars ($350.00)
b. 
Over 10 employees: five hundred dollars ($500.00)
c. 
Operations that have multiple floors or departments such as deli, bakery, etc., shall obtain a separate permit for each floor or department as determined by the director, each based on the number of employees.
(2) 
Permit for a temporary food establishment: fifty dollars ($50.00) origination fee plus a five dollar ($5.00) per day per booth operating fee.
(3) 
Late fee for a temporary food establishment: fifty dollars ($50.00)
(b) 
In addition to the annual renewal fee, a delinquent permit renewal fee shall be assessed to reinstate an expired permit:
(1) 
If the regulatory authority has not received the fee for a permit renewal within fourteen (14) days after the expiration date of the permit to be renewed: fifty dollars ($50.00)
(2) 
If the regulatory authority has not received the fee for a permit renewal within thirty (30) days after the expiration date of the permit to be renewed: one hundred dollars ($100.00).
(c) 
Review of plans for each new or remodeled food establishment: one hundred and twenty-five dollars ($125.00)
(d) 
Requested Second Routine Inspection: ninety dollars ($90.00)
(e) 
Reinspection: ninety dollars ($90.00)
(f) 
Follow-up inspection: sixty dollars ($60.00)
(Ordinance 2016-9884, § 2, adopted 12/8/2016; Ordinance 2024-10885, § 2, adopted 3/21/2024)
(a) 
A person who violates any provision of this chapter commits a class C misdemeanor offense, and upon conviction shall be punished by a fine not to exceed $500.00. A person who intentionally, knowingly, recklessly, or with criminal negligence violates a provision of this chapter governing fire safety, zoning, or public health and sanitation shall be punished, upon conviction, by a fine not to exceed $2,000.00. A violation of each separate provision of this chapter shall constitute a separate offense. Each day a violation continues shall constitute a separate offense.
(b) 
Unless specifically provided otherwise by this section, or state or federal law, an offense under this chapter is a strict liability offense and the culpable mental state required by the Texas Penal Code is hereby specifically negated and clearly dispensed with.
(c) 
The criminal remedies in this section are in addition to and cumulative of the remedies available to the city for enforcement of the provisions of this chapter. Nothing in this section shall limit any and all other criminal, civil, or administrative remedies available to the city in seeking to enforce the provisions of this chapter, including but not limited to a petition for civil penalties.
(Ordinance 2016-9884, § 3, adopted 12/8/2016; Ordinance 2024-10885, § 3, adopted 3/21/2024; Ordinance 2026-11284 adopted 6/11/2026)
(a) 
Purpose and intent.
The purpose of this section is to facilitate charitable food service while ensuring to the extent possible that it is conducted in a safe and sanitary environment. It is the city's intent to protect public health, ensure safe food handling practices, and preserve the cleanliness and usability of public and private property.
(b) 
Applicability and definitions.
(1) 
For the purposes of this Chapter Charitable food services means providing food without charge, payment, or other compensation to benefit those in need at an outdoor location not owned, leased or controlled by the individual or organization providing the food or being provided in a location that does not have a food establishment permit.
(2) 
This section applies to any individual or organization conducting organized food service that is intended to support charitable activities while ensuring public spaces remain safe and accessible for all users.
(3) 
No permit or permit fee is required for charitable food service conducted in compliance with this section.
(4) 
Chapter 33B (Special Events) shall not apply to charitable food service conducted in compliance with this section.
(c) 
Notification requirement.
(1) 
Any individual or organization intending to charitably serve or distribute food must notify the Health Manager in writing at least 48 hours prior to the planned service or as deemed necessary by the Health Manager. Notification is required for coordination and public health purposes and does not constitute approval or denial of the activity by health manager or designee.
(2) 
Notification shall be submitted via email to irving-permits@irvingtx.gov, Attn: Health Manager.
(3) 
In order to be considered complete the notification must contain all the following information:
a. 
Name of the individual or organization serving the food.
b. 
Date or dates of service.
c. 
Start and end times of service.
d. 
Location of service, including physical address.
e. 
Indication of whether Time and Temperature Control for Safety (TCS) foods is required.
f. 
Name and phone number of an on-site responsible contact available during the service.
g. 
Proof of property use approval on a form promulgated by the Health Manager.
(4) 
Any necessary revisions to the notification or supplemental information requested by the Health Manager or designee shall be provided prior to any charitable food service occurring.
(d) 
General authority and duty of Health Division.
(1) 
The Health Manager or designee shall implement, administer, and enforce the provisions of this chapter.
(2) 
The Health Manager or designee has the authority to take all necessary enforcement action, including the issuance of citations, when all requirements of this chapter have not been met.
(e) 
Food safety regulations.
(1) 
All food must be prepared, transported, and served in accordance with Texas Food Establishment regulations (TFER) and Chapter 18 of the City of Irving Code of Civil and Criminal Ordinances.
(2) 
If Time and Temperature Control for Safety (TCS) foods are provided, the following requirements apply:
a. 
Cold foods must be maintained at 41 degrees Fahrenheit or below.
b. 
Hot foods must be maintained at 135 degrees Fahrenheit or above.
c. 
Foods must be prepared, transported, and served within four hours of preparation.
d. 
A trained or certified food handler may be required when TCS foods are served.
(3) 
The City may conduct inspections or site visits as necessary to verify compliance with food safety requirements.
(f) 
Hand hygiene requirements.
When food is distributed in an open or unpackaged manner, proper hand hygiene must be provided using one of the following methods:
(1) 
A temporary handwashing station consisting of a container with a free-flowing spigot, soap, paper towels, and a wastewater catch container. Wastewater must be disposed of properly and not onto the ground or into a storm drain.
(2) 
Use of hand sanitizing wipes approved for food service or restaurant use.
(g) 
Site cleanliness and waste removal.
(1) 
The individual or organization providing food service is responsible for maintaining the cleanliness of the service area.
(2) 
Requirements include:
a. 
Providing adequate trash and waste receptacles during the service.
b. 
Cleaning all trash, debris, and food waste generated by the service.
c. 
Removing all leftover food from the site.
d. 
Restoring the service area and surrounding area within a reasonable radius at the conclusion of the service.
(3) 
All property must be left in a clean condition immediately following the conclusion of food service.
(Ordinance 2026-11284 adopted 6/11/2026)