CHAPTER 114: FOOD SERVICE SANITATION
Section
   114.01   Adoption of state rules on food service sanitation
   114.02   Food establishment regulations, permits and pre-operational inspections
   114.03   Certified food protection manager
   114.04   Submission and review of plans
   114.05   Inspections
   114.06   Revocation of a food permit
   114.07   Examination and condemnation of food
   114.08   Hearings
   114.09   Notice for hearings
   114.10   Fee schedule
§ 114.01 ADOPTION OF STATE RULES ON FOOD SERVICE SANITATION.
   The Texas Food Establishment Rules (Rules) adopted by the Texas Department of Health at 25 TAC, §§ 229.161 through 229.171 and 229.173 through 229.175, as amended herein, are hereby adopted as the City of Heath Rules for Food Service Sanitation, a copy of which was attached as Exhibit A to the adoptive ordinance and maintained in a separate file in the office of the City Secretary.
(2005 Code, § 9-13-1) (Ord. 010419A, passed - -)
§ 114.02 FOOD ESTABLISHMENT REGULATIONS, PERMITS AND PRE-OPERATIONAL INSPECTIONS.
   (A)   General.
      (1)   Regulatory authority. Any reference to REGULATORY AUTHORITY in the rules shall mean the City of Heath City Council by and through its authorized representative to enforce the provisions of this chapter. For purposes of this chapter, the authorized representative shall be the Building Official, or his or her authorized designee.
      (2)   Amendment. 25 TAC, § 229.171(i)(1) of the rules, “competency of inspectors,” is amended to delete:“An individual conducting inspections or retail food establishments should be a registered professional sanitarian in Texas or a sanitarian-in-training in Texas, as defined in § 265.142 of this title (relating to definitions), or should meet the FDA Voluntary National Retail Food Regulatory Program Standards basic curriculum and field training elements in order to:” and substitute therefor: “An individual shall be a registered professional sanitarian in Texas, as defined in 25 TAC, §§ 140.101 et seq. and meet the education requirements in order to:”
      (3)   Grease. If a food establishment is required to install a grease trap or grease interceptor, the trap or interceptor shall be located outside. Size shall be determined by the Building Official.
      (4)   Disposers. Disposers shall not be allowed in newly constructed establishments. If in place at the time of passage of these rules they should be operated in accordance with these rules.
      (5)   Amendment. 25 TAC § 229.165(f)(24) of the rules, relative to food equipment certification, classification, acceptability, amended to delete: “Food equipment that is certified or classified for sanitation by an American National Standards (ANSI) accredited certification program will be deemed to comply with subsections (a)-(f) of this section,” and substitute therefor: “Food equipment installed in an establishment after the adoption of these rules, and food equipment in new or extensively remodeled establishments shall be of National Sanitation Foundation (NSF) or equivalent approval. Any other equipment is subject to approval by the City of Heath.”
   (B)   Permit required.
      (1)   It shall be unlawful for any person to operate a food establishment within the limits of the City of Heath without having been issued a valid food service establishment permit. Only a person who complies with the requirements in this chapter shall be entitled to receive or retain a permit, and not withstanding the fact that all inspections necessary for obtaining a food service establishment permit have been completed, the permit shall not be issued until the building in which the establishment is to be located has been issued a certificate of occupancy by the City of Heath. Permits are not transferable from one person, place or entity to another person, place or entity. A valid permit shall be posted in or on a conspicuous place of every food establishment regulated by this chapter. Permits shall remain in effect for 12 months from the date of issuance unless sooner revoked for cause, or as otherwise provided herein. If the permit is granted to a temporary food establishment, the permit shall be in effect for a period of time not exceeding 14 consecutive days in conjunction with a single event or celebration.
      (2)   A food establishment operated solely by a nonprofit organization is exempt from the permit requirements of this chapter, but not from compliance with the rules.
      (3)   Mobile food establishments and hot trucks shall be considered food establishments and shall comply with all pertinent regulations contained herein. Provided, however, the permit required by this chapter shall be issued for a 12-month period and shall be posted that it may be visible from outside the vehicle.
   (C)   Issuance of permits.
      (1)   Any person desiring to operate a food establishment shall make written application for a permit on a form provided by the City of Heath. The application shall include the name and address of each applicant, the location and type of food establishment, the number of certified employees, square footage of facility, capacity of grease trap, grease trap servicing company and pest control company and signature of applicant. An application for a temporary food establishment shall include the inclusive dates of the proposed operation and the location of the event.
      (2)   The application shall be accompanied by a non-refundable permit fee. The Rockwall Independent School District (RISD) is exempt from the permit fee, but not from compliance with these rules.
      (3)   Permit application shall be renewed annually at least ten days prior to expiration date.
(2005 Code, § 9-13-2) (Ord. 010419A, passed - -)
§ 114.03 CERTIFIED FOOD PROTECTION MANAGER.
   (A)   25 TAC § 229.163(b) of the rules, knowledge, demonstration, is amended to delete “or” and substitute therefor “and.”
   (B)   Every food establishment that has employees whose work brings them in contact with the handling of food, utensils or food service equipment shall have a certified food protection manager.
      (1)   A certified food protection manager is a manager or person in charge, on duty during all times of operation, who has completed a food protection management class from any institution or firm of their choice accredited by the Texas Department of Health.
      (2)   Food establishments that serve, sell, or distribute only prepackaged non-potentially hazardous food and beverages, and temporary food establishments are exempt from this section.
      (3)   A certified food protection manager is required for each section of each food establishment. The City of Heath may require additional certified food protection managers in sufficient number to insure that all areas of food preparation and food service, during times of operation, are under the direction of such certified supervisory personnel.
      (4)   If a food establishment does not meet the requirements for a certified food protection manager because of the termination or transfer of certified personnel, the food establishment shall employ another certified food protection manager within 45 days after the termination or transfer, unless an extension of time is required by the establishment and granted, in writing, by the regulatory authority.
      (5)   Food protection management certification shall be valid for not less than three years at which time an approved food protection re-certification class must be completed. Re-certification shall be completed within 45 days after the expiration of the original certification, and every three years thereafter.
      (6)   Each certified food protection manager shall make application to the City of Heath. A fee of $30 per person shall be collected by the City of Heath.
      (7)   Additional training of non-management personnel may be required should it be deemed necessary to protect the public.
(2005 Code, § 9-13-3) (Ord. 010419A, passed - -)
§ 114.04 SUBMISSION AND REVIEW OF PLANS.
   (A)   Whenever a food establishment is constructed or extensively remodeled and whenever an existing structure is converted to use as a food establishment, or a change of ownership occurs, properly prepared plans and specifications for such construction, remodeling or conversion shall be submitted to the regulatory authority for review and approval before construction, remodeling or conversion is commenced. The plans and specifications shall include a proposed menu, proposed layout, equipment arrangement, mechanical plans and construction materials of work areas, finish schedules and the type and model of proposed fixed equipment and facilities. No food establishment shall be constructed, extensively remodeled or converted except in accordance with said approved plans and specifications.
   (B)   Deviation from the approved plans and specifications shall result in a food establishment permit denial, suspension or revocation.
(2005 Code, § 9-13-4) (Ord. 010419A, passed - -)
§ 114.05 INSPECTIONS.
   (A)   The City of Heath shall inspect the food establishment prior to the issuance of the food establishment permit to determine compliance with any approved plans and specifications, compliance with other requirements of this chapter and shall determine that a certificate of occupancy has been issued for the building in which the establishment is to be located. Upon making such findings the food establishment permit may be issued subject to annual renewal, continued compliance with the provisions of this chapter, and the existence of a valid certificate of occupancy for the building in which the establishment is located.
   (B)   An inspection of a food service establishment shall be performed quarterly and shall be prioritized based upon assessment of a food establishment's compliance and potential of causing food-borne illness according to § 229.171(h) of the Texas Food Establishment Rules. If during a routine inspection immediate correction (COS) of a critical item is not achieved the City of Heath shall verify correction within 24 hours.
   (C)   The Building Official or his or her designee shall classify food establishments as high priority, medium priority or low priority, according to the type of operations sustained. The City of Heath may terminate the suspension at any time if reasons for suspension no longer exists.
(2005 Code, § 9-13-5) (Ord. 010419A, passed - -)
§ 114.06 REVOCATION OF A FOOD PERMIT.
   (A)   The City of Heath may, after providing opportunity for a hearing, revoke a permit for serious or repeated violations of any requirements of this section or for interference with the regulatory authority in the performance of its duties.
   (B)   Prior to revocation, the City of Heath shall notify, in writing, the holder of the permit or the person in charge of the specific reason(s) for which the permit is to be revoked and that the permit shall be revoked at the end of the ten days after service of the notice unless a written request for hearing is filed within the ten-day period. If no request for hearing is filed within the ten-day period, the revocation of the permit becomes final.
   (C)   The holder of the revoked permit may make written application for a new permit.
(2005 Code, § 9-13-6) (Ord. 010419A, passed - -)
§ 114.07 EXAMINATION AND CONDEMNATION OF FOOD.
   (A)   An officer of the City of Heath shall tag, label or otherwise identify any food subject to a hold order. No food subject to a hold order shall be used, served or moved from the establishment. The City of Heath’s hold order shall permit storage of the food under the conditions specified in the hold order, unless storage is not possible without risk to the public health, in which case immediate destruction shall be ordered and accomplished.
   (B)   A hold order shall state that a request for a hearing may be filed within ten days after issuance thereof and that if no hearing is requested the food shall be destroyed. On the basis of evidence produced at that hearing, the hold order may be vacated, or the owner or person in charge of the food may be directed by written order to denature or destroy the food or to bring it into compliance with the provisions of this section.
(2005 Code, § 9-13-7) (Ord. 010419A, passed - -)
§ 114.08 HEARINGS.
   (A)   The City Council hereby appoints the Building Official as the appeals officer for purposes of appeals taken under this chapter for denials, revocations and suspensions.
   (B)   The hearing provided for herein shall be conducted by the Building Official at the time and the place designated by the Director. Based upon the recorded evidence of the hearing, the Director shall make a final finding and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the permit, license or certificate by the Building Official.
(2005 Code, § 9-13-8) (Ord. 010419A, passed - -)
§ 114.09 NOTICE FOR HEARINGS.
   A notice provided for in this section is properly served when it is delivered to the holder of the permit or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit.
(2005 Code, § 9-13-9) (Ord. 010419A, passed - -)
§ 114.10 FEE SCHEDULE.
   All food establishment fees are to be paid annually unless establishment is defined as temporary.
Type of Food Establishment (Per Unit)
Annual Fee
Type of Food Establishment (Per Unit)
Annual Fee
Convenience store
$150
Day care facility
$150
Grocery store
$150
Mobile food vendor/catering truck
$150
Restaurant/club (full service)
$150
Rockwall Independent School District
Exempt
Temporary food establishment
$75
 
(2005 Code, § 9-13-10) (Ord. 010419A, passed - -)