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The definitions of the words and phrases used in this chapter shall be the definitions contained in the Texas Food Establishment Rules (TFER) that are found in 25 Texas Administrative Code, Chapter 228. The definition of any word or phrase not defined therein shall have the meaning given to it in this section, or, if there is none, then such meaning shall be determined by the Building Official of the City unless a different authority therefor is specified elsewhere in this chapter.
AUTHORIZED AGENT OR EMPLOYEE. An employee(s) of the city.
BUILDING OFFICIAL. The Building Official of the city, and shall be construed to include any of his assistants, deputies, inspectors, sanitarians, or any other official representative of the members of the Building and Code Department staff.
BUSINESS. Includes any business, occupation, industry, and all operations incident thereto of the several kinds herein mentioned or referred to.
CATERER. Any person or entity that transports complete meals from an approved establishment to another location for consumption, but shall not include persons operating restaurants that routinely deliver food on order or persons that deliver a product or distribute a product to vending machines.
COMMISSARY or CENTRAL PREPARATION FACILITY. A facility that mobile food service establishments use to dispose of waste, obtain potable water and to obtain supplies.
DAYTIME and NIGHTTIME. When used with reference to a mobile food vendor, these words have the following meaning: DAYTIME means the period beginning one-half hour before sunrise and ending one-half hour after sunset. NIGHTTIME means the period beginning one-half hour after sunset and ending one-half hour before sunrise.
EMPLOYEE. The owner, manager, or any individual who handles food during preparation or serving who comes in contact with any eating or cooking utensils, or who is employed at any time with or without remuneration, in a room in which food is prepared or served.
FOOD or FOODSTUFF. Any substance or thing, whether liquid or solid, whether organic or inorganic, and whether of animal or vegetable origin intended to be used or used as food or drink or flavoring or confectionery or condiment, for human beings. This chapter shall not apply to prepackaged food or drink sold in vending machines in locations whose principal business is not the preparation or selling of food.
(1) An operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption as follows:
(a) 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, ending location, (machine), self-service food market, conveyance used to transport people, institution, or food bank;
(b) 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 order, or delivery service that is provided by common carriers; and
(c) 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 premises; and regardless of whether there is a charge for the food.
(2) FOOD ESTABLISHMENT does not include an establishment that offers only prepackaged foods that are not time/temperature controlled for food safety, 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 the TFER, or a private home that receives catered or home-delivered food.
FOOD MANAGER CERTIFICATION RULES.
(1) During operating hours, each restaurant, food service establishment, fast-food establishment and caterer is required to have at least one person present who is in charge and who has satisfactorily completed and passed the state-approved certified food management course pursuant to the requirements of the Department of State Health Services, Retail Foods Division.
(2) The certificate issued by the Department of State Health Services, showing successful completion of such course must be displayed in such establishment in a place to which all customers of such establishment have access.
(3) All such establishments must be in compliance with this section on or before January 1, 2019.
FOOD PROTECTION MANAGER CERTIFICATION. A document obtained by a person in charge who demonstrates knowledge by being a food protection manager that is certified by a food protection manager certification program that is evaluated and listed by a Conference for Food Protection recognized accrediting agency as conforming to the Conference for Food Protection Standards for Accreditation of Food Protection Manager Certification Programs.
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 include a stand or a booth. A roadside food vendor is classified as a MFU.
MOBILE FOOD UNIT; ADDITIONAL PERMIT. Mobile food unit operated by an existing permitted food establishment that provides an additional source of food service and also includes multiple mobile food units operated by the same owner. The owner is legally considered to be the person holding the food establishment's permit or the food permit(s) for the multiple mobile food units.
NONPROFIT ORGANIZATION. An incorporated organization which exists for educational or charitable reasons, and from which its shareholders or trustees do not benefit financially. Nonprofit status must be verified by submission of supporting documentation, such as an IRS form 501c.
PERSON. Person, firm, corporation, or association.
PERSON IN CHARGE. The individual present in a food service establishment who is the apparent supervisor of the food service establishment at the time of inspection. If no individual is the apparent supervisor, then any employee present is the person in charge.
PORTABLE BUILDING. A structure designed to be transported by attaching thereto wheels or skids or by placing such structure on a trailer, and to be used without being placed on a permanent foundation.
REGULATORY AUTHORITY. The City of Freeport Building Official or another person designated by the City Manager.
RESTAURANT. Includes cafes, coffee shops, cafeteria, short order cafe, tavern, sandwich shop or stand, lunchroom, luncheonette, boardinghouse, soda fountain, and all other places where food or drink is sold or offered for sale to the public, or served or permitted to be served, as well as kitchens where food or drink is prepared for sale to the public elsewhere. It shall not include a food establishment or restaurant located in a portable building.
ROOM. Includes any room or apartment or place enclosed on one or more sides for the purpose of any such business.
STAND, STOP, or PARK. When used with reference to a mobile food vendor, these words have the following meaning:
(1) STAND or STANDING. To halt an occupied or unoccupied vehicle, other than temporarily while receiving or discharging passengers.
(2) STOP or STOPPING.
(a) When required, to completely cease movement; and
(b) When prohibited, to halt, including momentarily halting, an occupied or unoccupied vehicle, unless necessary to avoid conflict with other traffic or to comply with the directions of a police officer or a traffic-control sign or signal.
(3) PARK or PARKING. To stand an occupied or unoccupied vehicle, other than temporarily while loading or unloading merchandise or passengers.
TEMPORARY FOOD ESTABLISHMENT. A food service establishment which operates at the same location for a period of time of not more than 14 consecutive days in conjunction with a single event, such as a fair, carnival, circus, public exhibition or similar temporary gathering.
TIME/TEMPERATURE CONTROL FOR SAFETY FOOD (TCS) - formerly. Potentially hazardous food (PHF) means a food that requires time/temperature control for safety to limit pathogenic microorganism growth or toxin formation.
TEXAS FOOD ESTABLISHMENT RULES (TFER). The rules promulgated by the Texas Department of State Health Services with an effective
date of October 11, 2015, and set forth in 25 Texas Administrative Code, Chapter 228, subchapters A - J, and as such rules may be hereafter amended.
(Ord. 2019-2572, passed 5-13-19)