§ 93.70  DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.  Except as provided herein, a term defined by Tex. Administrative Code, Title 25, Part 1, Ch. 229, Subch. K (Texas Food Establishment) has the same meaning for this subchapter.
   BAKED GOODS.  Cookies, cakes, breads, danishes, donuts, pastries, pies, and other items that are prepared by baking in an oven. A BAKED GOOD does not include a potentially hazardous food item.
   BONA FIDE EDUCATIONAL PURPOSE. Providing cooking demonstrations solely for the purpose of informing, training, or educating persons how to prepare foods or providing samples in order to inform persons of the quality and characteristics of the sample and is not done in conjunction with the sale of food or food products.
   CERTIFIED FARMER’S MARKET. A farmer’s market that has been certified by the Texas Department of Agriculture pursuant to Tex. Administrative Code, Title 4, Subch. D.
   CONCESSION STAND. A food establishment operated by a city or county, a non-profit organization, or public school district from which limited foods are served during athletic or entertainment events.
   FARM AND FOOD PRODUCTS.   Any agricultural, horticultural, forest or other product of the soil or water, including, but not limited to, fruits, vegetables, eggs, dairy products, meat and meat products, poultry and poultry products, fish and fish products, grain and grain products, honey, nuts, maple products, apple cider, fruit juice, wine, ornamental or vegetable plants. This term does not include live animals.
   FARM PRODUCE. Herbs and spices in their natural or dried state, vegetables, fruits, unshelled nuts, berries, grains, honey, watermelons and other melons, and cantaloupes in their natural state.
   FARMER/GROWER.   A person whose produce or plants are organically, sustainably or naturally grown and grown within the defined local area. Organically grown produce must be certified by the State of Texas.
   FARMER'S/ARTISAN MARKET.   A building, structure or location at which a group of two or more farmers or artisans or a combination thereof, from a defined local area who directly sell to the public farm and food products, either primary or secondary producer food specialty items, handcrafted items, goods or wares, and/or natural flowers and plants at which 80% of itinerant vendors must have grown, reared, caught, brewed, pickled, baked, smoked or processed the goods themselves.
   FARMER’S MARKET VENDOR. A vendor operating an individual booth at a certified farmer’s market with a Class A, B, or C permit described in § 93.78(C).
   FOOD ENTERPRISE.   An operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption. It includes:
      (1)   A food establishment;
      (2)   A mobile food establishment;
      (3)   A temporary food establishment;
      (4)   A certified farmer’s market vendor; and
      (5)   A food processing plant.
   FOOD HANDLER.   A food enterprise employee who works with unpackaged food, food equipment or utensils, or food contact surfaces.
   FOOD SPECIALTY ITEMS. Baked goods, jams, jellies, large-portion prepackaged products, spices, condiments, cheeses, meats, seafood and pasta. FOOD SPECIALTY ITEMS may or may not be intended for immediate consumption on premises.
   HEALTH AUTHORITY. The lawfully appointed health authority of the city or authorized representative. If a health authority has not been appointed by the city, the term HEALTH AUTHORITY means the lawfully appointed health authority of Travis County or its authorized representative.
   ITINERANT VENDOR.   Any local farmer, grower, producer, person or artisan with no established business location within the geographical boundaries of the city who is associated with a permit holder that has been issued a farmers/artisan market special use permit. This term excludes any business within the city related to a home occupation permit.
   LIMITED FOODS. Foods requiring limited handling and preparation and that may be heated for hot  holding and service. The term does not include foods cooked from a raw state or that are cooled and reheated for subsequent service.
   LOCAL AREA.   Within the borders of the State of Texas provided no suitable product from a primary producer, farmer, artisan or grower is available within a radius of 150 miles from the city limits.
   MARKET MANAGER.   A person who is designated as the person in charge of a farmer’s market.
   MOBILE FOOD ESTABLISHMENT.   One of two types of mobile food units:
   (A)   A restricted unit that offers only prepackaged food in individual servings; beverages that are not potentially hazardous and are dispensed from covered urns or other protected vessels; and packaged frozen foods. Preparation, assembly or cooking of foods is not allowed. A FOOT PEDDLER is a restricted unit and is limited to one portable ice chest, cooler, case or unit per permit, capable of being carried by one person.
   (B)   An unrestricted unit that may serve food as allowed in division (A) above, and may cook, prepare and assemble a full menu of food items:
      (1)   Except as provided below, an unrestricted unit must be secured and completely enclosed; and
      (2)   Foods such as hot dogs, coffee, or shaved ice, or food with prior approval from the Health Authority, may be served from vehicles with three sides and a cover.
   PERSON IN CHARGE. An employee who possess a food manager certificate at a food enterprise, bed and breakfast limited or unrestricted mobile food establishment. If the person possessing a food manager certificate is not present, then if an employee appears to be a supervisor, that employee is the person in charge.
   PRODUCER, PRIMARY.   All produce grown, reared or caught on the producer's land within the defined local area. For domesticated livestock or plants this means grown or finished (having spent at least 50% of its life) on the producer's land. For fish and other seafood this means caught from either inshore waters within the local area or offshore waters along the Texas coastline.
   PRODUCER, SECONDARY.   All produce must be brewed, pickled, baked, smoked or processed by the itinerant vendor using at least one ingredient of origin from within the defined local area (not merely bought locally). The minimum local ingredient is 10% of each product. Receipts should be kept as proof of origin for inspection.
   SAMPLING.   The demonstration or promotion of a food and its characteristic via offering a small serving of the food which cannot be sold, and is not, sold and which may not consist of a whole meal, an individual portion or a whole sandwich.
   TEMPORARY FOOD ESTABLISHMENT.   A food establishment that operates for a period of no more than 14 consecutive days in conjunction with a single special event or celebration, and no more than a total of 30 days in a calendar year, and shall also include an establishment that is granted an exemption by the Health Authority.
      (1)   A person or organization is allowed four temporary events in a calendar year unless granted an exemption by the Health Director.
      (2)   Division (1) above does not apply to vendors under contract with the city or Travis County to provide food and beverage services at properties owned and overseen by the city or Travis County.
      (3)   A farmer’s market is not a temporary food establishment.
   UNSAFE FOOD.  
      (1)   Food that contains any chemical, poisonous or injurious substance which may be harmful to the health of a consumer;
      (2)   Food that is not packaged in conformity with this subchapter;
      (3)   Food that contains a contaminated or putrid substance; or
      (4)   Food that has been prepared, packed or held under unsanitary conditions whereby it may have become contaminated, or may have been rendered diseased, unwholesome, or harmful to health.
   VIOLATION.   Failure to follow this subchapter or the commission of an act prohibited by this subchapter. A VIOLATION may result in re-inspection fees being assessed, permit suspension or charges being filed in municipal court for reasons including but not limited to:
      (1)   Scoring below a 70 on a food enterprise inspection;
      (2)   Using an unapproved source;
      (3)   Home prepared foods; or
      (4)   Food out of temperature compliance.
(Ord. 120918-D, passed 9-18-2012; Ord. 131203-C, passed 12-3-2013; Ord. 170620-A, passed 6-20-2017)