The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
“AUTHORIZED AGENT AND EMPLOYEE.” An employee of the general environmental health division of the regulatory authority.
“FOOD.” 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.
“FOOD ESTABLISHMENT.”
(1) An operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption:
(a) 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
(b) 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.
(2) Includes:
(a) 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
(b) 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.
(3) Does not include:
(a) An establishment that offers only prepackaged foods that are not time/temperature control for safety;
(b) A produce stand that only offers whole, uncut fresh fruits and vegetables;
(c) A food-processing plant;
(d) A “cottage food production operation” as defined by Texas Health and Safety Code § 437.001;
(e) An area where food that is in a cottage food production operation is sold or offered for human consumption;
(f) 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
(g) A private home that receives catered or home-delivered food.
“FROZEN DESSERT(S).” Soft serve and frozen yogurt.
“FROZEN DESSERT PRE-MIX.” Any raw dairy-based product used to create a frozen dessert.
“FROZEN YOGURT.” A food produced by the bacterial fermentation of milk and served frozen or partially frozen.
“HIGHLY SUSCEPTIBLE POPULATION.” Persons who are more likely than other people in the general population to experience food-borne disease because they are:
(1) Immunocompromised; preschool age children, or older adults; and
(2) 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.
“IMMINENT HAZARD TO PUBLIC HEALTH.” A significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent illness based on:
(1) The number of potential illnesses; and
(2) The nature, severity, and duration of the anticipated illnesses.
“LABORATORY.” A biological, physical or chemical laboratory which is under the supervision of the state or local health authority.
“MOBILE FOOD PUSHCART.” A non-self-propelled mobile food unit limited to serving foods requiring a limited amount of preparation as authorized by the regulatory authority, and that is readily movable by one or two persons. A pushcart is classified as a mobile food unit. A pushcart does not include non-self-propelled units owned and operated within a retail food store. This type of mobile unit requires the support of a central preparation facility.
“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, catering trucks, trailers, push carts, and roadside vendors), 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 roadside food vendor is classified as a “MFU”.
“MOBILE FOOD UNIT OPERATION.” The business of a mobile food unit or mobile food pushcart.
“PERSON IN CHARGE (PIC).” The individual present at a food establishment who is responsible for the operation at the time of inspection.
“PROCESS.” The method or amount of preparation of food utilized by a food establishment before the food is provided to the individual who will consume it.
“REGULATORY AUTHORITY.” The city-county public health district.
“SOFT SERVE.” A food similar to ice cream which is created by the combination of air and dairy-based ingredients in a machine at the point of sale.
“STATE RULES.” The state rules found at 25 Texas Administrative Code, §§ 228.1, 228.2, 228.31 - 228.45, 228.61 - 228.83, 228.101 - 228.125, 228.141 - 228.154, 228.171 - 228.186, 228.201 - 228.213, 228.221 - 228.225, 228.241 - 228.257, and 228.271 - 228.278. These rules are also known as the Texas Food Establishment Rules.
“VEND” and “VENDING.” To sell, serve or otherwise provide food for human consumption.
(Ord. 775, passed 3-15-10; Am. Ord. 892, passed 11-16-15)