§ 93.78  SPECIFIC STANDARDS FOR MOBILE FOOD VENDORS, TEMPORARY VENDORS AND CERTIFIED FARMER’S MARKET VENDORS.
   (A)   Specific standards for mobile food vendors.
      (1)   Adoption of state standards. In addition to provisions contained in this subchapter, enforcement of the subchapter shall be in accordance with the Tex. Department of State Health Services, Tex. Food Establishment Rules, § 229.169 (Mobile Food Establishments).
      (2)   Permit required. For a mobile food establishment permit, the Health Authority shall:
         (a)   Describe on the permit the food items that may be sold or served; and
         (b)   Provide to the permit holder a sticker that indicates a permit expiration date and describes the food items that may be sold or served.
         (c)   A person operating a mobile food establishment shall prominently display the sticker at all times when the mobile food vending unit is in operation.
      (3)   Items to be sold.
         (a)   A person operating a mobile food unit may only sell a food item described in the permit.
         (b)   A person operating a mobile food unit may not sell a non-food item.
      (4)   Sanitary requirements.
         (a)   If a person who operates a mobile food establishment maintains food at a hot holding temperature by mechanical means, that person shall comply with fire and explosion safety standards established by the Fire Marshal.
         (b)   If a person uses a pressurized fuel system or container in conjunction with the mobile food establishment, that person shall comply with fire and explosion safety standards established by the Fire Marshal.
         (c)   A mobile food establishment shall be equipped with an attached trash receptacle approved by the Health Authority. The operator must hold, store, and dispose of solid and liquid waste in a receptacle approved by the Health Authority and comply with any other applicable city code requirements.
         (d)   All mobile food vendors shall comply with the following sanitary requirements:
            1.   A mobile food establishment shall provide only single service articles for use by the consumer;
            2.   A mobile food establishment shall comply with the regulations the Health Authority adopts regarding time, temperature, plumbing, operation and maintenance requirements for mobile food establishments;
            3.   A mobile food establishment shall comply with the regulations the Health Authority adopts regarding a mobile food establishment's provisions, mandatory central preparation facility, serving area and operations;
            4.   A mobile food establishment shall demonstrate that the vehicle is readily moveable if requested;
            5.   A mobile food establishment shall comply with all requirements of the Health Authority prohibiting alteration, removal, attachments, placement or change in, under, or upon the mobile food establishment that would prevent or otherwise reduce ready mobility of the mobile food establishment unit;
            6.   If at one location for more than two hours, a written agreement from a business within 150 feet of the mobile food establishment, allowing employees of the mobile food establishment to have use of flushable restrooms (or other facilities as approved by the Health Authority) during hours of operation;
            7.   The Health Authority shall require a mobile food establishment to come, on an annual basis, to a location designated by the Health Authority for an inspection;
            8.   All food and supplies must be stored within the mobile unit;
            9.   A person who operates a mobile food establishment may not place food, equipment, or supplies that are part of its operations outside of the permitted unit and must conduct all of its operational activities within the mobile food establishment; and
            10.   A person who operates a mobile food establishment must store ice in a covered container that is continuously drained into a waste holding tank. No other food items may be stored with ice for human consumption.
            11.   A scoop must be provided and must be kept either in the ice with the handle up or in a rack inside the ice container.
            12.   Customers shall not be allowed to serve themselves ice.
            13.   The Health Authority may require that mobile food establishments found to violate this section come for a re-inspection at a location designated by the Health Authority.
      (5)   Use of public property. A person may not operate a mobile food establishment on public property without an approved special use permit.
      (6)   Alteration of mobile food vending units. After permit approval, a mobile food vending unit may not be structurally altered without the approval of the Health Authority.
   (B)   Specific standards for a temporary food establishment.
      (1)   A food establishment set up for a temporary event shall comply with the requirements of this section. The Health Authority may impose additional requirements to protect against health hazards related to the conduct of a temporary food establishment, may prohibit the sale of some or all potentially hazardous foods, and when no health hazard will result, may waive or modify requirements of these rules.
      (2)   The Health Authority may impose requirements on cooking, freezing, reheating, treating juice, cooked-food storage temperature and time control.
      (3)   Equipment.
         (a)   Equipment shall be located and installed and cleaned in a way that prevents food contamination and that also facilitates cleaning of the establishment.
         (b)   Equipment for cooling or heating food, and holding cold or hot food shall be adequate in number and capacity to provide food temperatures as specified under requirements the Health Authority imposes under Article 4, paragraph B.
         (c)   Food contact surfaces of equipment shall be protected from contamination by consumers and other contaminant sources. Where necessary to prevent contamination, effective shields for such equipment shall be provided.
         (d)   Alternative manual warewashing equipment, such as a receptacle that substitutes for the compartments of a multi-compartment sink, may be used when there are special cleaning needs or constraints and the Health Authority has approved the use of alternative equipment.
      (4)   A temporary food establishment shall provide only single-service articles for use by consumers.
      (5)   Water from an approved source shall be made available in a temporary food establishment for food preparation, hand washing and for cleaning and sanitizing utensils and equipment. Water need not be under pressure, but shall come from an approved source approved by the Health Authority.
      (6)   Packaged food may not be stored in direct contact with ice or water if the food is subject to the entry of water because of the nature of its packaging, wrapping, or container or its positioning in the ice or water.
      (7)   All waste water and sewage generated from the establishment shall be disposed of through an approved sanitary sewer system that is constructed, maintained, and operated according to rules promulgated by the Health Authority and applicable law.
      (8)   Hand washing facilities shall include an insulated container with a spigot that can be turned on to allow potable, clean, free-flowing warm water, a waste water container, soap, disposable towels, and a waste receptacle. Hand washing facilities are not required if the only food items offered are commercially pre-packaged foods that are dispensed in their original containers.
      (9)   A temporary food establishment shall comply with regulations the Health Authority adopts regarding floors, ceilings and outer openings of food preparation areas.
      (10)   The Health Authority shall apply this section to promote safeguarding public health and ensuring that food is safe, unadulterated, and honestly presented when offered to the consumer.
      (11)   If necessary to protect against public health hazards or nuisances, the Health Authority may impose specific requirements in addition to those requirements contained in this section.
   (C)   Specific instructions for certified farmer’s market vendors.
      (1)   Permit required.
         (a)   It shall be unlawful for any person to operate as a farmer’s market vendor within the city limits at a certified farmer’s market without first having obtained a Class A, B, or C permit as required by this division (C).
         (b)   A Class A permit allows a vendor to offer only prepackaged foods, beverages that are dispensed from covered urns or other protected vessels available for customer self-service, and packaged frozen food. The preparation, assembly, reheating, or cooking of foods is not allowed under this permit.
         (c)   A Class B permit allows a vendor to offer baked goods, bulk food items, beverages that are dispensed from covered urns or other protected vessels available for employee service (including ice service), and sampling. All food operations under a Class A permit are allowed under a Class B permit.
         (d)   A Class C permit allows the on-site preparation of foods and open foods and includes but is not limited to the sampling of foods. Vendors may cook, prepare, and assemble a full menu of food items. All food operations under Class A and B permits are allowed under a Class C permit.
         (e)   Every person, before opening, maintaining, or operating as a farmer’s market vendor at a certified farmer’s market, shall file an application for and obtain one of the permits described in division (C)(1) of this section.
         (f)   Farmer’s market vendors operating at multiple markets simultaneously shall obtain a site-specific permit for each location.
         (g)   An applicant for a certified farmer’s market vendor's permit must file the application with the Health Authority. The application must include:
            1.   The name and address of the applicant and the applicant's identification number as shown on a current and valid government-issued identification document that includes a photograph of the applicant;
            2.   The class of permit the applicant will operate under;
            3.   The signature of each applicant;
            4.   A notarized statement from the owner of a central preparation facility stating the farmer's market vendor uses the facility as its base of operation or proof that the applicant has its own central preparation facility;
            5.   Name and address of the certified farmer’s market where the vendor will operate; and
            6.   Other information reasonably required by the Health Authority.
         (h)   Upon receiving the application with the fee set forth by Council for a farmer’s market vendor permit under this section, the Health Authority may approve the application for a farmer’s market vendor. A farmer’s market vendor permit is effective for one year from the date of issuance.
         (i)   An applicant for a certified farmer’s market permit shall submit the application to the Health Authority not later than the tenth day before the effective date for which the permit is sought.
         (j)   An application for renewal of a farmer’s market vendor permit must be received by the department, accompanied by the applicable fee, at least ten days before the expiration date of the previous permit. All information provided in a renewal application must be current and valid.
         (k)   A person operating under a farmer’s market vendor permit shall promptly display the permit where it is readily visible or as designated by the Health Authority.
         (l)   In the event the Health Authority determines that the vendor booth of the applicant does not comply with the provisions of this section or other city ordinances, the Health Authority shall disapprove such application for issuance or renewal of a farmer’s market vendor permit.
         (m)   An applicant who has been refused a farmer’s market vendor permit or renewal of a farmer’s market vendor permit may, within ten days, appeal to the Health Authority by filing a copy of such application, the application's denial and requesting the Health Authority grant a hearing to overrule the action.
         (n)   A cottage food production operation, as that term is defined in Tex. Health and Safety Code, Ch. 437, is exempt from the permit requirements of this section.
         (o)   A farmer’s market or farmer’s market vendor booth that is conducting a cooking demonstration, or providing samples of food, for a bona fide educational purpose is exempt from paying permit fees described in § 93.75(C).
         (p)   Notwithstanding any other provision to the contrary, a farmer’s market vendor may prepare and distribute samples of farm produce only, at a farmer’s market, without a permit, if the farmer’s market vendor complies with the sanitary conditions in Tex. Health and Safety Code, § 437.020(c).
         (q)   A farmer’s market vendor may conduct a cooking demonstration only if the vendor verifies in writing with the farmer’s market at which the vendor is conducting the demonstration that the farmer’s market is in compliance with the establishment operator requirements of Tex. Health and Safety Code, § 437.0203(c), and the vendor complies with all other requirements of Tex. Health and Safety Code, § 437.0203.
         (r)   A person may provide samples, or conduct a cooking demonstration, for a bona fide educational purpose, only in a defined physical location designated in writing by the market manager.
         (s)   A certified farmer’s market may have only one designated physical location for the activities described in division (C)(1)(r) above.
      (2)   Sanitary requirements.
         (a)   A person operating as a farmer’s market vendor shall comply with Tex. Administrative Code, Title 25, Part 1, Ch. 229, Subch. K (Texas Food Establishment Rules) regarding equipment, floors, dust control, ceilings and outer openings of food preparation areas at a temporary event.
         (b)   A farmer’s market vendor shall comply with the requirements of this section. The Health Authority may impose additional requirements to protect against health hazards related to the conduct of a farmer’s market booth, may prohibit the sale of some or all potentially hazardous foods and, when no health hazard will result, may waive or modify requirements of these rules.
         (c)   The Health Authority may impose requirements on cooking, freezing, reheating, treating juice, and cooked-food storage temperatures.
         (d)   A person operating under a farmer’s market vendor permit shall comply with the following requirements:
            1.   With the exception of egg vendors, all certified farmer’s market vendors operating at a farmer’s market must operate out of a central preparation facility as its base of operation;
            2.   The Health Authority must approve the preparation, serving, or displaying of potentially hazardous foods at a farmer’s market in accordance with permit requirements.
            3.   An employee or volunteer of a farmer’s market vendor shall be a registered food handler if operating under a Class B or Class C permit with the provisions of § 10-3-34. The registered food handler certificate shall, upon request, be provided to the Health Authority.
            4.   At least one employee or volunteer of a farmer’s market vendor shall be a registered food manager if the vendor is operating under a Class C permit with the provisions of § 93.73 through § 93.74. The food manager certificate shall be prominently posted on the vendor booth.
            5.   A farmer’s market vendor shall have sufficient potable water from a source approved by the Health Authority for cleaning foods, equipment and utensils under a Class B or Class C permit.
            6.   A farmer’s market vendor operating under a Class B or C permit shall provide an approved facility for employee hand washing consisting of warm, free-flowing clean running water at a minimum temperature of 100 degrees Fahrenheit, soap, and individual paper towels or other approved hand-drying device. If the vendor is unable to maintain the water at the above temperature, the vendor shall provide another control measure, such as a hand sanitizer or single-use gloves, which is approved by the Health Authority.
            7.   A farmer’s market vendor operating under a Class B or C permit shall provide an approved facility for washing, rinsing, and sanitizing of equipment and utensils used in the preparation and serving of food products. The facility shall consist of at least three containers or compartments, each of adequate size so as to permit the total immersion of all utensils used in a booth at a farmer’s market.
            8.   A farmer’s market vendor operating under a Class B or C permit must wear disposable plastic gloves when preparing samples of food or produce and must observe proper hand-washing techniques immediately before preparing samples of food or produce.
         (e)   The Health Authority may inspect each farmer’s market vendor booth offering food products as is necessary for the enforcement of this section.
         (f)   The market manager of a certified farmer’s market shall be responsible for ensuring compliance with the provisions of § 93.73 through § 93.74 and for ensuring that all shared or common facilities and operations comply with this chapter. In the case of repeated violations of this section, the Health Authority may impose restrictions on the preparation of food products at a farmer’s market vendor booth under a Class B or Class C permit.
         (g)   The market manager shall obtain from the operator of a food cottage production operation the operator's or vendor's name, address, date of birth, and a copy of the person's government-issued identification. The market manager shall provide this information to the Health Authority upon request.
         (h)   A farmer’s market vendor may not set up food sampling operations as unattended self-service displays for customers.
         (i)   A farmer’s market vendor shall provide containers with covers to protect food products during storage and display and shall put sneeze guards, or other method or equipment, pre-approved by the Health Authority, into place to protect food products from consumer contamination.
         (j)   Farmer’s market vendors shall correct all violations at the time of inspection unless an extension is allowed by the Health Authority. No extension shall be granted where the violation poses a significant risk of food-borne illness to the public.
         (k)   If a farmer’s market vendor does not correct violations at the time of inspection, or within the specified extension time limits, the Health Authority shall immediately order the booth to suspend operations.
         (l)   Repeated violations by a farmer’s market vendor operating at a certified farmer’s market without a valid permit or with a suspended permit constitutes an offense under this chapter.
(Ord. 120918-D, passed 9-18-2012; Ord. 131203-C, passed 12-3-2013)