All pushcarts shall comply with the following requirements:
(a) Configuration.
(1) Pushcarts shall be constructed of a smooth and cleanable material and be constructed in a manner in which cleaning can be easily accomplished. A cleanable canopy shall extend over the pushcart and cover the top surface of the pushcart if unpackaged foods are offered.
(2) Separate space shall be set aside from areas where food is served or prepared, for nonfood related items which are displayed on pushcarts.
(3) A pushcart body shall not exceed four feet in height, three feet in width, or six feet in length.
(b) Operation.
(1) All food and condiments shall be dispensed in a sanitary manner.
(2) Each compartment or area used for storage, display or service of potentially hazardous food shall be maintained at proper temperatures for the food item stored therein. Hot foods shall be kept at 135°F or above; cold foods shall be kept at 41°F or below and frozen foods shall be kept frozen. Unbreakable thermometers shall be located conspicuously in each of the above applicable areas. Canned or bottled beverages where no ice is provided to the purchaser, commercially packaged nonpotentially hazardous single portion snack items, and commercially wrapped candy are exempt from this requirement.
(3) Food shall be stored, displayed and served in a fly- and rodent-proof manner. Unpackaged foods shall be protected by a properly installed sneeze guard shield.
(4) Bulk food items shall be properly labeled and dispensed through sanitary devices or utensils.
(5) Pushcart operators and their staff shall not cook on or adjacent to a pushcart unless such activity is in conjunction with another facility permitted and inspected by the regulatory health agency.
(c) Sink requirements.
(1) A pushcart that sells only packaged food that does not require the use of utensils and carts selling only whole, raw fruit or produce, will not be required to have a ware wash sink or a hand washing sink.
(2) A pushcart that sells open foods that do not require the use of utensils, such as a cart that sells roasted corn, will not be required to have a ware wash sink but will be required to have a hand washing sink.
(3) A pushcart that sells open foods that require utensils such as a hot dog cart, will be required to have a ware washing sink and a hand washing sink.
(4) Scooped ice cream sellers shall have a running water dipper well.
(5) A pushcart shall have a supply of paper towels, soap and detergent which shall be conveniently accessible if sinks are provided.
(6) Each pushcart having sinks shall have an adequate amount of hot and cold water under pressure to operate all sinks.
(7) Each pushcart having sinks shall also have adequate drain board space.
(d) Fire safety.
(1) Each pushcart employing butane or propane tanks shall comply with any and all applicable fire department regulations. Ground fault interrupters may be required by the fire department as a safety feature to prevent electrical shock. Each pushcart shall be equipped with an approved fire extinguisher with a 2A 10BC rating.
(2) Pushcarts using flammable substances, including, but not limited to, liquefied petroleum gas shall not be permitted inside of buildings.
(e) Trash container. All pushcarts shall have a trash container, such as a trash bag or bin, available to customers for the disposal of food wrappers and other waste. The trash container may be attached to the pushcart or standalone within ten feet of the pushcart.
(f) Generally.
(1) A determination of applicability or a variance with regard to the provisions of this division, and which does not unduly impact public health, may be granted by the director upon request.
(2) In addition to these requirements, a person owning or operating a pushcart shall comply with any applicable provisions of the Texas Food Establishment Rules.
(Ord. 22242-05-2016, § 4, passed 5-24-2016)