§ 11-2. Local amendments.

The food and food handlers code adopted in section 11-1 is hereby modified as follows:

(a)

The following provisions are added:

a.

228.2(153)—Code Enforcement/Health Officer. A City Code Enforcement Supervisor, or his/her designee, assigned to inspect food establishments, educate food establishments' employees and food employees on local and state statutory requirements for health and safety in food service, and enforce all local and state health and safety laws as permitted by law.

b.

228.2(154)—Reconstituted. Food created or prepared by recombining dehydrated food products with water or other liquids.

c.

228.2(155)—Sanitation. Effective bactericidal treatment process that provides enough accumulative heat or concentration of chemicals for enough time to reduce the bacterial count, including pathogens, to a safe level on tableware, utensils, and equipment.

d.

228.186(o)(2)(F). In areas that are not used for food preparation or storage, a food establishment may at the owner or manager's discretion allow patrons to bring dogs on the premises, after the food establishment has notified, in writing, the Code Enforcement/Health Officer that it intends to allow such action, and posts notice of same in all areas where dogs are to be allowed by the food establishment.

(b)

The following provisions are adopted in place of the identically numbered provisions in the Texas Administrative Code, Title 25, Part 1, Chapter 228:

a.

228.2(57)—Food establishment. Food establishment means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption as follows:

i.

A restaurant, retail food store, market, self-service food market, conveyance used to transport people, or institution, including any establishment where prepackaged food and food products are offered for sale to the ultimate consumer and intended for off-premises consumption;

ii.

An establishment 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; and

iii.

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.

iv.

Food establishment does not include a produce stand that only offers whole, uncut fresh fruits and vegetables, a food processing plant, a cottage food industry, an area where cottage food is prepared, sold, or offered for human consumption, a Bed and Breakfast Limited facility as defined in this chapter, a food bank, or a private home that receives catered or home-delivered food.

b.

228.2(85)—Mobile Food Unit (MFU). A vehicle mounted, self or otherwise propelled, self-contained food service operation, designed to be readily movable (including, but not limited to, 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 Mobile Food Unit operating in the City must have on site at least one food employee who possesses a food manager certification.

c.

228.2(143)—Temporary food establishment. A food establishment that operates a stand or booth for a period of no more than fourteen (14) consecutive days in conjunction with a single event or celebration.

(Ord. No. 1559 , § 1, 5-14-18)