For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPROVED. Acceptable to the regulatory authority, as hereinafter defined, based on a determination of conformity with principles, practices, and generally recognized standards that protect public health.
AUTHORIZED REPRESENTATIVE. The city’s Manager of Regulatory Compliance Department, or his or her authorized designee.
CENTRAL PREPARATION FACILITY. A facility used in conjunction with a mobile food vendor in which:
(1) Food is prepared, stored, and/or wrapped;
(2) Fresh water and ice are supplied;
(3) The mobile food vendor’s waste water is emptied into a proper waste disposal system; and/or
(4) The mobile food vendor is cleaned, including washing, rinsing, and sanitizing of those food contact surfaces or items not capable of being immersed in a utensil-washing sink located in the mobile food vendor.
CERTIFIED FOOD PROTECTION MANAGER. An individual that has obtained certification by successfully completing and passing a Texas Department of State Health Services (DSHS) approved certified food manager training program.
COMPLIANCE PLAN. A plan under which a food establishment is placed on should an inspection result in a score of 79 or below. Based on the inspection score, the food establishment shall be subject to periodic reinspection, reinspection fees, and must achieve minimum score requirements to be removed from the plan. Upon removal from the plan the food establishment shall be subject to routine inspections based on their priority rating.
CONCESSION STAND. A food establishment operated on a seasonal basis for the purpose of providing food at sporting events associated with an independent school district, city, privately owned school, university, or community college.
CORE ITEM. A provision of Tex. Admin. Code Ch. 15 or this chapter that is not designated as a priority item or a priority foundation item and includes an item that usually relates to general sanitation, operation controls, sanitation operating procedures, facilities or structures, equipment design, or general maintenance.
COTTAGE FOOD. Foods produced by a cottage food production operation as defined by Tex. Admin. Code Title 25, § 229.661(b)(3).
COTTAGE FOOD PRODUCTION OPERATION. An individual operating out of the individual’s residence in which they produce cottage food.
FARMERS’ MARKET. An area at which two or more vendors offer produce and other agricultural products for retail sale, sample, or consumption. It shall not include stands that only sell whole, uncut produce.
FARMERS’ MARKET VENDOR. Any person who offers or sells produce or other agricultural products at a farmers’ market.
FOOD. A raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption, to also specifically include chewing gum.
FOOD ESTABLISHMENT. An operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption.
FOOD ESTABLISHMENT—CONVENIENCE. A retail food establishment that sells a limited selection of foods, not to include fresh produce, fresh meats, or fresh seafood, exclusively for off-premise consumption. Any food establishment with a seating area accessible to the general public that contains at least one table and/or one chair is presumed to prepare foods for on-premise consumption.
FOOD ESTABLISHMENT—GROCERY. Any retail food establishment that sells fresh produce, fresh meats, or fresh seafood for either on-premise or off-premise consumption.
FOOD ESTABLISHMENT—RESTAURANT. A retail food establishment that prepares and/or sells food for either on-premise or off-premise consumption.
FOOD ESTABLISHMENT—TO-GO. A retail food establishment that prepares and/or sells food exclusively for off-premise consumption. Any food establishment with a seating area accessible to the general public that contains at least one table and/or one chair is presumed to prepare foods for on-premise consumption.
FOOD HANDLER. An individual working with unpackaged food, food equipment or utensils, or food contact surfaces.
IMMINENT HEALTH HAZARD. A significant threat or danger to health due to a practice, circumstance, or event which creates a situation that would likely lead to injury or a foodborne illness, as determined by the regulatory authority, as hereinafter defined. These include but are not limited to lack of hot water, no electrical power, sewage back up, no water service, rodent or insect infestation as determined by the regulatory authority, or a food establishment receiving a score of 69 or below during an inspection.
INSPECTOR. A person conducting inspections of food establishments as a representative of the regulatory authority, as defined herein.
MOBILE FOOD VENDOR. A vehicle mounted, self-contained food establishment, designed to be readily moveable and used to store, prepare, display, serve or sell food. MOBILE FOOD VENDORS must completely maintain their mobility at all times. Shall also refer to “food trucks, hot trucks, cold trucks, and ice cream trucks.”
NONCOMMERCIAL FOOD SERVICE EQUIPMENT. Equipment that is not designed specifically for food service and/or is labeled “for household use only.”
NSF-APPROVED. An independent, third-party organization, such as the National Sanitation Foundation, has determined that the equipment or product complies with the relevant standards and/or protocol set by said organization.
PERSON IN CHARGE (PIC). The person present at a food establishment at the time of the inspection who is responsible for the food establishment’s operations.
PRIORITY FOUNDATION ITEM. Application of a provision of Tex. Admin. Code Title 25, Ch. 228 or this chapter that supports, facilitates, or enables one or more priority items. This term shall include an item that requires the purposeful incorporation of specific actions, equipment or procedures by industry management to attain control of risk factors that contribute to foodborne illness or injury.
PRIORITY ITEM. Application of a provision of Tex. Admin. Code Title 25, Ch. 228 or this chapter that contributes directly to the elimination, prevention, or reduction of hazards associated with foodborne illness or injury to an acceptable level. This term shall include items with a quantifiable measurement to show control of hazards, including but not limited to cooking, reheating, cooling, and handwashing.
REGULATORY AUTHORITY. The city’s Department of Regulatory Compliance or its authorized designee.
SEASONAL FOOD ESTABLISHMENT. A food service establishment that operates at a fixed location for a period greater than 14 consecutive days, but not less than 365 days, and is restricted to limited food preparation, unless approved by the regulatory authority.
TEMPORARY FOOD ESTABLISHMENT. A food establishment operated for a temporary event not to exceed 14 consecutive days.
TIME AS A PUBLIC HEALTH CONTROL. Using time only to monitor food instead of temperature.
TIME/TEMPERATURE CONTROLLED FOR SAFETY FOOD (TCS FOOD). A food that requires time/temperature control for safety to limit pathogenic microorganism growth or toxin formation.
(Ord. OR-2235-21, passed 12-13-21; Am. Ord. OR-2236-22, passed 1-10-22; Am. Ord. OR-2249-22, passed 4-25-22; Am. Ord. OR-2348-24, passed 2-26-24)