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(a) The following statutes, in their current form and as they may hereafter be amended, are adopted and incorporated into this article as if they were set forth at length herein:
(1) The “Texas Food, Drug and Cosmetic Act,” Tex. Health and Safety Code Chapter 431; and
(2) The “Minimum Standards of Sanitation and Health Protection Measures,” Tex. Health and Safety Code Chapter 341.
(b) The following regulations adopted by the Texas board of health, in their current form and as they may hereafter be amended, are adopted and incorporated into this article as if they were set forth at length herein. If there is a conflict between a rule and any section of this article, the more restrictive provision shall apply:
(1) The “Sanitary Rules for Food and Drug Establishments,” Tex. Administrative Code Title 25, §§ 229.41 et seq.; and
(2) The rules for “Texas Food Establishments Rules,” Tex. Administrative Code Title 25, Chapter 228.
(c) The director will assure that a current copy of each rules manual will be kept on file in the office of the city secretary.
(d) A food establishment’s owner, manager or operator commits an offense if an employee, owner, manager or operator of the food establishment violates a rule adopted pursuant to subsection (b) above.
(Ord. 12553, § 1, passed 6-18-1996; Ord. 13749, § 1, passed 3-23-1999; Ord. 22822-08-2017, § 1, passed 8-15-2017)
(a) Generally. Only commercial quality equipment or utensils that meet or exceed National Sanitation Foundation (NSF) standards or their equivalent will be approved. Auxiliary equipment such as water heaters, remote connected refrigerator compressors and air conditioners shall be located outside food preparation areas.
(b) Plumbing; grease traps; grease traps should be located outdoors. If they are located indoors, the top of the trap shall be flush with the floor, except when located above another floor. When installed above floor level, grease traps shall be sealed to the floor. Grease traps shall be easily accessible for cleaning and shall comply with the city’s plumbing code and environment code.
(c) Lavatory installation. Lavatories shall be at least the number required by law, installed according to law, and located to permit convenient use by all employees in food preparation and utensil washing areas. Lavatories located in food preparation and utensil washing areas shall be equipped with hot and cold water under pressure and metered by a mixing valve activated by either hand, wrist, elbow, foot, knee or electronic controls. Lavatories shall be accessible to employees at all times. Lavatories shall also be located in or immediately adjacent to toilet rooms or vestibules. Handwashing lavatories shall be used only for hand washing.
(d) Lavatory facilities and supplies. Hand cleansing soap or detergent in a sanitary dispenser shall be available at each lavatory. A dispenser containing sanitary disposable towels or a hot air hand drying device shall be conveniently located near each lavatory. If sanitary disposable towels are used, easily cleanable waste receptacles shall be conveniently located near the handwashing facilities. Common towels are prohibited.
(e) Cleaning facilities. Establishments that are required to undergo plans review or which have a change of ownership shall have at least one utility sink or curbed cleaning facility equipped with a floor drain and supplied with hot and cold water by means of a mixing valve. The water supply shall be protected by a backflow prevention device installed in compliance with the plumbing code and the environment code. The cleaning facility shall be used for cleaning mops or similar wet floor cleaning tools and for the disposal of mop water and similar liquid wastes. The use of lavatories, utensil or equipment washing sinks, or food preparation sinks for this purpose is prohibited.
(f) Offense. A person commits an offense if the person owns or operates a food establishment that is in violation of any provision of this section.
(Ord. 12533, passed 2-28-1996)
(a) A person commits an offense if the person slaughters or causes to be slaughtered any animal intended for consumption by the person or the person’s household, nonpaying guests or employees.
(b) A person commits an offense if the person erects, maintains or uses any structure, enclosure or other place as a slaughterhouse for the purpose of slaughtering animals intended for human consumption.
(c) Exception: in a prosecution of subsection (a) or (b) above, it is an exception that the slaughter was performed on nonresidential premises which had at the time of the slaughter a current, valid permit issued by the United States Department of Agriculture or the Texas department of health to slaughter animals for human consumption.
(d) Exemption: fish and other seafood products that are intended for human consumption are exempt from subsections (a) and (b) above.
(e) Meat, poultry, fish and seafood shall not be refrigerated on undrained ice.
(f) From the time it is shipped until the time it is sold, fish and seafood intended for human consumption shall be refrigerated to a temperature of 34°F or less.
(g) The processing and packaging of meat or poultry shall be conducted in a refrigerated room:
(1) Where the temperature is kept at 50°F or less; or
(2) Which, along with processing equipment, undergoes a midshift cleanup after four hours of operation.
(h) A person commits an offense if the person owns or operates a food establishment that is in violation of subsection (e), (f) or (g) of this section.
(Ord. 12553, § 1, passed 6-18-1996)
(a) No person shall sell or offer for sale any food which has exceeded its date of expiration, unless the food has been separated from other in-date food and marked as expired.
(b) No person shall process wild game in a food operations area where meat, fish or poultry is processed, unless approved by the Texas Department of Health.
(c) The director is authorized to detain suspected contaminated, adulterated, or otherwise unwholesome food.
(Ord. 12553, § 1, passed 6-18-1996; Ord. 21274-06-2014, § 1, passed 6-3-2014, eff. 6-11-2014)
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