(a) 
The City of North Richland Hills adopts by reference the provisions of the current rules or rules as amended by The Executive Commissioner of the Health and Human Services Commission found in 25 Texas Administrative Code, Chapter 228, regarding the regulation of food establishments in the city.
(b) 
Definitions.
Authorized agent or employee
mean the employees of the City of North Richland Hills.
Food establishment
means a food service establishment, a retail food store, a temporary food establishment, and/or a mobile food unit, as defined in the state rules.
Regulatory authority
means both the City of North Richland Hills and the Texas Department of State Health Services."
State rules
mean the state rules found at 25 Texas Administrative Code, Chapter 228. These rules are also known as the Texas Food Establishment Rules.
(Code 1975, § 10½-1; Ordinance 2645, § 1(10½-1), adopted 8/12/2002; Ordinance 3145, § 1, adopted 8/8/2011; Ordinance 3167, § 1, adopted 10/10/2011; Ordinance 3397, § 1, adopted 3/14/2016)
Food samples may be examined or taken for analysis by the city consumer health inspector or his authorized representative or as otherwise designated by the city manager as often as necessary for enforcement of this article and may, upon written notice to the owner or person in charge specifying with particularity the reasons thereof, place a hold order on any food which is believed to be in violation of any portion of this article, and shall tag, label, or otherwise identify any food subject to the hold order. No food subject to a hold order shall be used, served or removed from the establishment until the vendor of such food has furnished proof of the wholesomeness of the food product to the city consumer health inspector or his authorized representative or as otherwise designated by the city manager. The city shall permit storage of the food under conditions specified in the hold order, unless storage is not possible without risk to the public health, in which case immediate destruction shall be ordered and accomplished. The hold order shall state that a request for hearing may be filed within ten days and that if no hearing is requested, the food shall be destroyed. A hearing shall be held if so requested and, on the basis of evidence produced at that hearing, the hold order may be vacated, or the owner or person in charge of the food may be directed by written notice to denature or destroy such food or bring it into compliance with the provisions of this article. All costs accruing from such removal thereof shall be borne and paid for by the owner thereof.
(Code 1975, § 10½-45; Ordinance 2645, § 1(10½-35), adopted 8/12/2002; Ordinance 3145, § 1, adopted 8/8/2011; Ordinance 3167, § 1, adopted 10/10/2011)
(a) 
Standards for equipment.
Residential refrigerators, freezers, and ranges are not approved for use in commercial food service establishments or food stores. Refrigeration units will be required to maintain a product temperature of five degrees Celsius (41 degrees Fahrenheit). Smokers and grills used to prepare meats shall be of commercial grade, placed in a secured area that the public cannot access, must be maintained in a safe and sanitary manner and shall at all times of operation be under the supervision of a food service manager. Only equipment or utensils that meet or exceed the standards of the National Sanitation Foundation (NSF) are approved.
(b) 
Exception to standards.
An exception to the former equipment requirements may be made with written approval of the city consumer health inspector or his authorized representative for food establishments that will operate only under a temporary permit.
(Code 1975, § 10½-46; Ordinance 2645, § 1(10½-36), adopted 8/12/2002; Ordinance 3145, § 1, adopted 8/8/2011; Ordinance 3167, § 1, adopted 10/10/2011)
Auxiliary equipment such as water heaters, remote connected refrigerator compressors, and the central units of equipment used to treat the air by either heating, cooling, or otherwise conditioning the air must be located outside food preparation areas. If such equipment is to be installed in a food preparation area, it must be completely enclosed.
(Code 1975, § 10½-47; Ordinance 2645, § 1(10½-37), adopted 8/12/2002; Ordinance 3145, § 1, adopted 8/8/2011; Ordinance 3167, § 1, adopted 10/10/2011)
(a) 
Lavatories and hand washing sinks.
Lavatories and hand washing sinks shall be separate facilities from sinks used for food preparation or utensil washing. Such facilities located in the food preparation areas of food establishments shall be equipped with hot and cold, potable water under pressure and metered by a mixing valve. The faucet shall be equipped with wing or lever handles, wrist handles, or foot pedals in place of knobs. Automatic hand washing facilities shall allow water to flow for at least 20 seconds in order to meet required time limits for hand washing; water shall reach 100° F within 20 seconds. Hot water shall reach no less than 100° F or as required by Texas Food Establishment Rules at all hand sinks and lavatories within 20 seconds of operation. For new construction and those facilities that have undergone extensive remodeling, a hand washing sink shall be located to allow convenient use for employees in all food preparation, food dispensing, and ware washing areas; in, or immediately adjacent to toilet facilities; and at least one hand washing sink shall be on each cook line, for direct use by all employees while working on the cook line; and within every 25 linear feet of unobstructed space in food preparation and utensil washing areas, or as otherwise approved by the regulatory authority. An approved splash guard may be required to separate the hand washing sink from food preparation, service, or storage areas. Water heaters must be of sufficient capacity to meet all hot water needs throughout the facility during all hours of operation.
(b) 
Lavatory and hand washing sink supplies.
If hand drying devices providing heated air are provided, they may only be used in restrooms. A sanitary dispenser containing hand cleaner and a sign that states or demonstrates proper hand washing shall be provided at each lavatory and each hand sink. Sanitary disposable towels shall be provided in a dispenser conveniently located near each hand sink in food preparation and food service areas. Hand washing sinks in food preparation or food service areas shall also be equipped with a supply of single-use gloves or other specified second barrier that is properly stored and not subject to splash.
(c) 
Toilet facilities.
(1) 
All new or extensively remodeled food service establishments within the city in which food served to the customer is intended to be consumed on the premises shall be equipped with separate toilet facilities for men and women and shall comply with all requirements of the city plumbing code. An exception to this rule based on allowed occupancy of 15 people or fewer or as specified by International Building Code and facility priority rating may be made with written approval of the director of neighborhood services or his authorized representative or as otherwise designated by the city manager.
(2) 
Toilet facilities shall be located within the food service establishment and will provide the customer of said establishment direct and easy access to the establishment toilet facilities from the dining area without having to go either outside the establishment, or through the food preparation area. Employees shall have access to the toilet facilities without having to exit the building. An exception to this rule may be allowed in a theme park setting based on overall facility layout and condition of and proximity to toilet facilities with written approval of the director of neighborhood services or his authorized representative or as otherwise designated by the city manager.
(d) 
Cleaning physical facilities.
In all new or extensively remodeled food service establishments or food stores, at least one utility sink or curbed floor drain supplied with hot and cold water under pressure by means of a mixing valve or combination faucet, shall be provided and used for cleaning mops or similar wet cleaning tools and for the disposal of mop water or similar liquid wastes. In-use dish cloths must be stored in sanitizer meeting requirements stated in TFER.
(e) 
Grease traps/interceptor.
Grease traps/interceptors installed in food establishments shall be located outside the establishment, unless approved by the building official, director of public works, and the city consumer health inspector or his/her authorized representative. Grease traps shall be located for easily accessible cleaning and shall be cleaned by a waste hauler that holds a current waste hauler permit through the department of neighborhood services. Grease traps shall be cleaned as often as required by city ordinance, state law, or federal law, but no less than twice annually (two times within 12 calendar months). Trip tickets documenting the removal of wastes shall be kept on site for review.
(f) 
Sinks.
In all new or extensively remodeled food establishments at least a three compartment sink shall be provided for the manual washing, rinsing, and sanitizing of utensils and equipment. If heat is used to sanitize equipment and utensils, a minimum temperature of 170 degrees Fahrenheit is required. If raw fruits and vegetables are cut and/or prepared on site, a separate preparation sink equipped with hot and cold water shall be installed for the purpose of washing raw fruits and vegetables. Where applicable, a separate sink shall be installed for the thawing of frozen meat products if frozen meat products are subject to rapid thawing under cool, continuously running water or for meat/seafood products that require additional preparation, such as cleaning shellfish. Preparation sinks shall be properly labeled.
(g) 
Mechanical utensil washing facilities.
In all new and extensively remodeled food establishments having mechanical utensil washing facilities, at least one three-compartment sink shall be provided in addition to the mechanical utensil washer.
(h) 
Floors, walls, ceilings.
Floors, walls, and ceilings in all food preparation, food service, ware washing, and any other area subject to splash shall be light in color, designed, constructed, and installed so they are smooth, non-absorbent, and easily cleaned. FRP (fiberglass reinforced paneling), stainless steel, commercial tile, or other material approved by consumer health shall be required for all food preparation and food service wall surfaces. Painted concrete floors are prohibited. Carpeting may not be installed as a floor covering in any area subject to moisture, flushing, or spray cleaning methods. Carpeted areas shall be regularly cleaned and shall be removed or replaced if those areas become extremely distressed and unable to be properly repaired or become soiled, filthy, and no longer cleanable.
(i) 
Distressed merchandise, segregation, location, and marking.
Products that are held by the permit holder for credit, redemption, or return to the distributor, such as damaged, expired, spoiled, or recalled products, shall be separated and stored properly in designated areas that are separated from food, equipment, utensils, linens, and single-service articles. Such products shall be clearly marked that they are not to be used or served.
(j) 
Employee personal storage.
Food employees shall have designated space within the food establishment to allow for storage of personal items, such as jackets, coats, personal foods, and drinks. Employee personal items shall never be stored in areas that could potentially contaminate food, food contact items, clean equipment, clean linens, or single-service/single-use articles. Employees may only drink from a non-spillable, closed beverage container that is handled and stored to prevent contamination of the employee's hands, the drink container, exposed food, clean equipment, utensils, and linens, unwrapped single-service/single-use articles.
(k) 
Pest control.
In the event that the presence of pests is determined at a food facility, the department of neighborhood services may require the food establishment to obtain additional pest control treatments in order to properly control pests. All pest control efforts shall be administered and overseen by a commercial pest control applicator licensed by the Texas Department of Agriculture, and all pest control records shall be on site and available for review.
(Code 1975, § 10½-48; Ordinance 2645, § 1(10½-38), adopted 8/12/2002; Ordinance 2750, § 3, adopted 11/10/2003; Ordinance 3145, § 1, adopted 8/8/2011; Ordinance 3167, § 1, adopted 10/10/2011; Ordinance 3337, § 3, adopted 10/27/2014)
The retail sale and/or offering for sale, and/or holding for sale, of raw potentially hazardous food for consumption from temporary and mobile food establishments of all types and categories is prohibited within the city limits. The city consumer health inspector or his authorized representative or as otherwise designated by the city manager may impose additional requirements pertaining to temporary and mobile food establishments or mobile food itinerant, in order to protect the public health and may prohibit the sale of some or all potentially hazardous foods from the former establishments. Excluded from this section are businesses that sell frozen, prepackaged meals and frozen, prepackaged food products that have been packaged at a manufacturing plant inspected by the FDA, USDA, or other federal agency and deliver said product in a frozen state in commercial, refrigerated trucks. Such businesses shall obtain a solicitor's permit from the office of the city secretary and a permit to operate as a mobile food unit from the department of neighborhood services.
(Code 1975, § 10½-49; Ordinance 2645, § 1(10½-29), adopted 8/12/2002; Ordinance 3145, § 1, adopted 8/8/2011; Ordinance 3167, § 1, adopted 10/10/2011)
Weekend food vendors must have a separate license for each location they serve and must provide, in writing, a statement of the location of the commissary that is used by the vendor to store food and equipment associated with the food, which must be inspected by the state department of health, or a Texas city or county health department. No operations shall be permitted in any fire lane and at least four feet of walkway into the building must remain open and unobstructed. No weekend food vendor shall operate in any zoning district other than retail or commercial. All zoning and fire regulations must be complied with. Weekend food vendors shall not be allowed to operate except within the ten feet closest to the front of the business building and shall not be allowed to operate unless the primary business building is open to the public. All existing weekend food vendors have legal, non-conforming status as of the date of adoption of this article.
(Ordinance 2645, § 1(10½-40), adopted 8/12/2002; Ordinance 2958, § 2, adopted 11/12/2007; Ordinance 3145, § 1, adopted 8/8/2011; Ordinance 3167, § 1, adopted 10/10/2011; Ordinance 3298, § 1, adopted 2/24/2014)
(a) 
Temperature log and cleaning schedule required.
All medium, high, and elevated priority food establishments shall be required to keep a daily temperature log in order to ensure proper food safety and good hygienic practices. This log shall include, but is not limited to, records of refrigerator and freezer temperatures taken from internal thermometers; temperatures of potentially hazardous foods received, cooked, held hot, held cold; records of cooling potentially hazardous foods; tracked use of time as a public health control where allowed by law; calibration of thermometers; concentration of sanitizer at the mechanical utensil washing facilities and/or three-compartment dish washing sinks; records of additional training or retraining on employee good hygienic practices; food temperatures at catered events; and any other critical control point that shall be tracked in order to ensure proper food safety as established by the regulatory authority. In addition, all medium, high, and elevated priority food establishments shall be required to keep a daily cleaning schedule or log to ensure proper cleaning of all equipment and surfaces throughout the food establishment. All temperature log records and cleaning logs shall be kept on site at the food establishment for a minimum of 30 days and shall be available for review upon inspection by the regulatory authority.
(b) 
Bare hand contact documentation.
Where allowed by law, a business may opt not to use single-use gloves as a secondary barrier as required by the Texas Food Establishment Rules when handling ready to eat foods. Such business shall submit the required bare hand contact documentation stating that required training has taken place; include a statement of which secondary barrier is used; and a statement of corrective actions in the case of improper bare hand contact. This documentation shall be provided to the consumer health division and shall be available on site at the food establishment and available for review. The consumer health division shall review the submitted documentation and may approve the method submitted if the said method meets all requirements.
(Ordinance 3145, § 1, adopted 8/8/2011; Ordinance 3167, § 1, adopted 10/10/2011)