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(a) General provisions.
(1) No person shall operate a farmers market without a valid farmers market permit issued by the code compliance department. A copy shall be conspicuously posted at the site of the farmers market.
(2) Farmers markets shall be located only on appropriately zoned property. The owner or operator of the farmers market shall obtain a notarized letter from the property owner stating that the market has permission to vend food on the property. The notarized letter shall be submitted to the director along with the farmers market permit application.
(3) Conveniently located, commercial, fixed-plumbed toilet facilities shall be available for market vendors. A notarized letter from the business owner granting the market vendors access to toilet facilities during all hours of the farmers market operation shall be submitted with the farmers market permit application. A copy of the letter shall be made available to the director upon request. All toilets shall conform to the city code and shall have tight fitting, self-closing solid doors. Toilet rooms and fixtures shall be clean and in good repair. Toilet paper shall be available and easily accessible at all times. Toilets accessible to women shall have a trash receptacle that is covered with a lid.
(4) A handwash lavatory with hot and cold water under pressure and tempered through a mixing valve shall be provided in or immediately adjacent to the toilet room. A soap dispenser and disposable paper towels shall be available at all times. All wastewater shall be captured and disposed of in an approved sewage disposal system.
(5) A farmers market that is operated at any one specific location for fewer than three hours per month may provide portable toilets and portable handwashing facilities instead of the permanent facilities required by §§ 16-135(a)(3) and 16-135(a)(4). A copy of the rental receipt or other appropriate proof of the availability of the portable facilities shall be submitted with the farmers market permit application. All portable toilets shall be maintained in good working condition without any broken surfaces or leaks, in a clean and sanitary manner, and be adequately supplied with toilet paper. All portable handwashing facilities shall be maintained in good working condition without any broken surfaces or leaks, in a clean and sanity manner, and be adequately supplied with hand soap and paper towels.
(6) The permit holder shall ensure that all trash, refuse and garbage is removed from the site at the end of each day or that trash, refuse and garbage is placed in appropriate containers for later disposal. The premises occupied by the farmers market shall be kept clean and free of accumulated trash, refuse or garbage during and after the hours of operation. All trash, refuse and garbage that remains at the market site shall be sealed in plastic bags and discarded in waste containers. Sufficient durable, nonabsorbent and easily cleanable, leak proof, rodent and insect proof refuse and garbage containers shall be available on site.
(7) It shall be unlawful for any farmers market food vendor to engage in food preparation other than that involved in sampling.
(b) Sale and distribution of food at farmers markets.
(1) Farmers market food vendor permit required:
a. A farmers market food vendor that sells or distributes food, other than packaged food that is nonpotentially hazardous food, whole uncut fresh produce, or food from a cottage food production operation, as defined by Tex. Health and Safety Code § 437.001 (2-b), must obtain a farmers market food vendor permit;
b. A farmers market food vendor that sells only whole uncut fresh produce or packaged nonpotentially hazardous food will not be required to obtain a farmers market food vendor permit.
(2) No person shall sell or distribute food, other than packaged food that is nonpotentially hazardous or, whole uncut fresh fruits and vegetables, or food from a cottage food production operation, as defined by Tex. Health and Safety Code § 437.001 (2-b), unless a farmers market food vendor permit is obtained from the department.
(3) A farmers market food vendor permit holder must comply with the requirements for temporary food establishments specified in Texas Food Establishment Rules and this chapter.
(4) Food shall be safe, unadulterated and honestly presented to the consumer.
(5) Food sold at a farmers market must comply with applicable state and federal laws.
(6) Individuals distributing or offering open food or potentially hazardous foods for sale at farmers markets must have a valid food handler certificate.
(7) Foods not from an approved source, as defined in Texas Food Establishment Rules shall not be offered for sale at a farmers market.
(8) Packaged food sold or distributed at farmers markets shall be labeled in accordance with the requirements of applicable state and federal laws.
(9) All products distributed, offered for sale, or sold at a farmers market must have been raised, grown, made, crafted, processed or produced by the farmers market food vendor.
(10) Food products obtained from food retailers or wholesalers may not be offered for resale at farmers markets.
(11) Food displays shall be confined to tables or to the bed of a vehicle. Food must be at least six inches above the ground.
(12) Food displays shall be situated above smooth, hard, paved surfaces such as concrete or machine laid asphalt, and not above grass or dirt surfaces.
(13) Farmers market food vendors selling or distributing only whole produce, packaged food from an approved source that is nonpotentially hazardous, or food from a cottage food production operation, as defined by Tex. Health and Safety Code § 437.001 (2-b), are exempt from obtaining additional health permits.
(c) Sale and distribution of potentially hazardous foods at farmers markets. Farmers market food vendors must meet the following public health and sanitation requirements for potentially hazardous foods, whether in the raw (uncooked) or ready-to-eat form.
(1) Source. Potentially hazardous foods must be from a source in compliance with all applicable laws and which is licensed by the regulatory authority having jurisdiction over the processing and distribution of the food.
a. Meat and poultry products must have either the State of Texas or the federal USDA mark of inspection if required by state or federal law.
b. Yard eggs from an individual vendor's own flock may be sold at a farmers market. The labeling and temperature requirements for potentially hazardous foods must be met.
c. Graded shell eggs may be sold at farmers markets. The requirements of the Texas Egg Law (Tex. Administrative Code Title 4, §§ 15.1 through 15.13) must be met.
(2) Packaging. Animal foods shall be packaged to meet the requirements of state and federal laws including but not limited to those in the Texas Food Establishment Rules.
a. Animal meat products must be in the package in which it was placed at the food processing plant from which it originated.
b. Unpackaged raw animal food products shall not be offered for sale or distribution to the consumer at a farmers market.
c. Yard and graded shell eggs must be sold in cartons or other containers and labeled.
d. Potentially hazardous foods sold at farmers markets must be packaged and labeled in accordance with state and federal law.
(3) Labeling. Animal food sold or distributed at farmers markets shall be labeled to meet the requirements of state and federal laws and:
a. Animal foods that are not ready-to-eat in a packaged form and shell eggs that have not been specifically heat treated to destroy all viable Salmonellae shall be labeled to include safe handling instructions as specified in the Texas Food Establishment Rules;
b. Yard eggs cartons shall be labeled with the word "ungraded" and the name and address of the producer (Tex. Administrative Code Title 4, § 15.2); and
c. Graded shell eggs must meet the labeling requirements of the Texas Egg Law (Tex. Administrative Code Title 4, §§ 15.1 through 15.13).
(4) Time and temperature controls.
a. Raw animal meats must be sold frozen at a farmers market.
b. Shell eggs must be stored at 45°F or less while offered for sale or in distribution at a farmers market.
c. Time and temperature requirements for all other potentially hazardous foods not specified herein must meet the requirements specified under the Texas Food Establishment Rules where applicable.
(5) Prohibited food items.
a. The sale and distribution of fish, including seafood, as defined in the Texas Food Establishment Rules is prohibited at a farmers market.
b. The sale and distribution of unpasteurized fluid milk and milk products as defined by Tex. Administrative Code Title 25, § 217.1(38) is prohibited at a farmers market.
c. The sale and distribution of game animal and exotic animal meats, as defined in the Texas Food Establishment Rules are prohibited at a farmers market, unless such game animal and exotic animal meat can be demonstrated to meet the requirements of the Texas Food Establishment Rules.
d. The sale or distribution of live animals is prohibited at a farmers market.
(d) Offense. A person commits an offense if that person violates any provision of this section, or fails to perform an act required by this section.
(Ord. 20665-03-2013, § 2, passed 3-19-2013, eff. 3-23-2013; Ord. 22822-08-2017, § 2, passed 8-15-2017; Ord. 23997-01-2020, § 1, passed 1-14-2020, eff. 1-22-2020)
(a) The owner or operator of an establishment which handles open food and which has seven or more food handlers on duty at any time shall make certain that at least one certified food manager is on duty during all hours of operation.
(b) Establishments which have fewer than seven food handlers shall not be required to have a certified food manager.
(c) A certified food manager shall apply to the City of Fort Worth health department for a City of Fort Worth food manager’s certificate. A City of Fort Worth’s food manager’s certificate is valid for the same time period as the certified food manager certificate issued by the Texas department of health.
(d) The owner or operator of a new food establishment shall provide proof to the health department, prior to opening the establishment, that the establishment meets the certified food manager requirements of this article.
(e) When a replacement certified food manager is not available, the owner or manager of an existing food establishment shall notify the health department within 48 hours of the termination or transfer of a certified food manager. The food establishment shall have 30 days from the effective date of the termination or transfer to come back into compliance with the certified food manager requirements of this article.
(f) When an existing food establishment has a change of ownership, the new owner or operator of the establishment shall provide proof to the health department within 30 days of the effective date of the change of ownership that it is in compliance with the certified food manager requirements of this article.
(g) A certified food manager shall present his or her certificate to the director for inspection immediately upon request. The owner or operator of a food establishment shall make food manager certificates available for immediate inspection upon request by the director.
(h) The following food establishments are exempt from the requirements of this section:
(1) Temporary food establishments;
(2) Establishments selling only uncut produce or prepackaged food (farmer’s markets and produce stands for example);
(3) Establishments serving only fountain drinks, coffee, popcorn and/or snow cones;
(4) Bars and lounges; and
(5) Food warehouses/wholesalers.
(i) Criminal offenses.
(1) A person commits an offense if the person is the owner or operator of a food establishment and violates a provision of this section.
(2) A person commits an offense if the person is the food manager of a food establishment and fails to obtain a food manager certificate from the Texas department of health department.
(3) A person commits an offense if the person is the food manager of a food establishment and fails or refused to present his or her food manager’s certificate issued by the Texas department of health and the City of Fort Worth public health department to the director for inspection immediately upon the director’s request.
(Ord. 12553, § 1, passed 6-18-1996; Ord. 13749, § 1, passed 3-23-1999)
(a) Within seven days of beginning work as a food handler (except for temporary event food handlers), an individual shall attend a food handler class approved by the director of public health and shall obtain a food handlers certificate issued by the health department. All temporary event food workers shall attend an approved food handler class and obtain a food handler’s certificate before working at the temporary event.
(b) The owner or operator of a food establishment shall ensure that all food handlers obtain the certificate within seven days of starting to work at the food establishment.
(c) A food handler shall present his or her certificate to the director for inspection immediately upon request.
(d) Food handler certificates are valid for two years from the date of food handler training. A food handler may renew his or her certificate prior to its expiration by attending a food handler class.
(e) A food handler certificate is subject to immediate revocation by the director if it is determined that the holder is infected with or is the carrier of any foodborne communicable disease, or if it is determined by the director that the continuation of any such food handler certificate presents a significant public health threat.
(f) The following persons are exempt from the requirements of this section:
(1) Certified food managers;
(2) Cashiers, hosts and hostesses, grocery sackers, delivery persons, food stockers who handle only prepackaged items, and bus help who handle only soiled cooking and serving utensils and dishware;
(3) Persons participating as volunteer food handlers performing charitable activities for periods of four days or less; and
(4) Public school food service workers who attend accredited training courses.
(g) Criminal offenses.
(1) A person working in a food establishment as a food handler commits an offense if the person does not have a food handler’s certificate as required by this section.
(2) A person working in a food establishment as a food handler commits an offense if the person fails or refuses to present his or her food handler’s certificate to the director for inspection upon the director’s request.
(3) The owner or operator of a food establishment commits an offense if a person works as a food handler in the establishment in violation of this section.
(Ord. 12553, § 1, passed 6-18-1996; Ord. 13749, § 1, passed 3-23-1999)
The city council shall adopt a schedule of fees for food manager’s certificates and food handler’s certificates. The health department may not issue a certificate until all requisite fees have been paid.
(Ord. 12553, § 1, passed 6-18-1996; Ord. 25772-09-2022, § 1, passed 9-27-2022, eff. 10-1-2022)
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