Ord. 0681 11-14-94 CodifyORDINANCE NO. 681
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, REPEALING IN
THEIR ENTIRETY ORDINANCE NO. 145 AND CHAPTER 11 OF THE CITY
OF PEARLAND CODE OF ORDINANCES, ENTITLED "FOOD AND FOOD
HANDLERS", CURRENTLY IN EFFECT; CREATING CHAPTER 11,
"FOOD AND FOOD HANDLERS", PURSUANT TO ARTICLE 4476-5 OF
THE CIVIL STATUTES OF THE STATE OF TEXAS, TOGETHER WITH
THE LATEST EDITION OF THE TEXAS DEPARTMENT OF HEALTH
RULES INTERPRETING THE CITED STATUTE; PROVIDING FOR THE
ISSUANCE OF ANNUAL FOOD DEALER'S PERMITS AND RENEWAL
THEREOF; PROVIDING FOR PERMIT/INSPECTION FEES; PROVIDING
FOR THE CERTIFICATION OF ALL FOOD WORKERS AND THE
RENEWAL OF FOOD WORKER'S CERTIFICATION CARDS; PROVIDING
FEES FOR FOOD WORKER CERTIFICATION ORIENTATION;
PROVIDING FOR THE CERTIFICATION OF FOOD SERVICE
MANAGERS; PROVIDING A PENALTY FOR SUCH VIOLATION;
PROVIDING A SEVERABILITY CLAUSE, AN EFFECTIVE DATE, AND
CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Chapter 11
FOOD AND FOOD HANDLERS
Article I. In General
Sec. 1
ADOPTION OF STATE RULES.
This regulation shall be enforced by the Health Officer in accordance with the Texas Food,
Drug and Cosmetic Act, Article 4476-5 of the Civil Statutes of the State of Texas, together with the
latest edition of the Texas Department of Health Rules interpreting the cited statute for Food
Establishments and Retail Food Stores and the provisions of this Ordinance. The cited Rules as they
now exist and as they may be amended from time to time, are adopted by reference and made a part
of this Ordinance.
Sec. 2
DEFINITIONS.
Except as otherwise provided, the following words and phrases, as used in this Chapter, shall
have the meanings herein ascribed to them:
Adulterated -Food. A food shall be deemed adulterated :
(1) If it bears or contains any poisonous or deleterious substance which may render it
injurious to health; but in case the substance is not an added substance such food shall not be
considered adulterated under this clause if the quantity of such substance in such food does not
ordinarily render it injurious to health.
(2) If it bears or contains any added poisonous or added deleterious substance (except a
pesticide chemical in or on a raw agricultural commodity and except a food additive) which is
unsafe within the meaning of Section 13 of Article 4476-5 of the Civil Statutes of the State of Texas.
(3) If it is a raw agricultural commodity and it bears or contains a pesticide chemical which
is unsafe within the meaning of Section 13 of Article 4476-5 of the Civil Statutes of the State of
Texas.
(4) If it is, or it bears or contains, any food additive which is unsafe within the meaning of
Section 13 of Article 4476-5 of the Civil Statutes of the State of Texas; provided, that where a
pesticide chemical has been used in or on a raw agricultural commodity in conformity with an
exemption granted or a tolerance prescribed under Section 13 of Article 4476-5 of the Civil Statutes
of the State of Texas and such raw agricultural commodity has been subjected to processing such
as canning, cooking, freezing, dehydrating, or milling the residue of such pesticide chemical
remaining in or on such processed food shall, not withstanding the provisions of said Section 13 and
this clause not to be deemed unsafe if such residue in or on the raw agricultural commodity has been
removed to the extent possible in good manufacturing practice, and the concentration of such residue
in the processed food, when ready to eat, is not greater than the tolerance prescribed for the raw
agricultural commodity.
(5) If it consists in whole or in part of a diseased, contaminated, filthy, putrid, or decomposed
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substance, or if it is otherwise unfit for foods.
(6) If it has been produced, prepared, packed or held under unsanitary conditions whereby
it may have become contaminated, or whereby it may have been rendered injurious to health.
(7) If it is the product of a diseased animal or an animal which has died otherwise than
slaughter, or that has been fed upon the uncooked offal from a slaughterhouse.
(8) If its container is composed, in whole or in part, of any poisonous or deleterious
substance which may render the contents injurious to health.
(9) If any valuable constituent has been in whole or in part omitted or abstracted therefrom.
(10) If any substance has been substituted wholly or in part for any valuable constituent.
(11) If damage or inferiority has been concealed in any manner.
(12) If any substance has been added thereto or mixed or packed therewith so as to increase
its bulk or weight, or reduce its quality or strength or make it appear better or of greater value than
it Is.
(13) If it be fresh meat and it contains any chemical substance containing sulfites, sulphur
dioxide, or any other chemical preservative which is not approved by the United States Bureau of
Animal Industry or the State Commissioner of Health.
Employee. The term "employee" shall mean any person who handles food or drink during
preparation or serving, or who comes in contact with any eating or cooking utensils, or who is
employed in a room in which food or drink is prepared or served.
Filthy. The term 'filthy" shall be deemed to apply to food not securely protected from flies,
dust, dirt, and as far as be necessary by all reasonable means, from all foreign or injurious
contaminations.
Food. The term' food' means (1) articles used for food or drink by man, (2) articles used for
components of any such article.
Food Establishment. The term' food establishment" shall mean restaurants, groceries, retail
seafood, retail meat and poultry markets, delicatessens, confectioneries, pastry and candy kitchens,
and all other establishments where food and/or drink is prepared, handled, stored, served or sold
for human consumption.
Health Authority. The term "Health Authority" shall mean the legally appointed Director
of Public Health of the City, or his/her authorized representatives.
Health Officer. The term "Health Officer" shall mean the individual hired by the City to
enforce this Ordinance.
Itinerant Food Establishment. The term "itinerant food establishment" shall mean a
restaurant operating for a temporary period in connection with a fair, carnival, public exhibition, or
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other similar gathering.
Misbranded -Food. A food shall be deemed misbranded:
(1) If its labeling is false or misleading in any particular.
(2) If it is offered for sale under the name of another food.
(3)(a) If it is an imitation of another food unless its label bears the word imitation: (b) In type
of uniform size and prominence and immediately thereafter the name of the food imitated; (c)
Except in cases of mixture and compounds which may be now or from time to time hereafter known
as articles of food, under their own distinctive names, and not an imitation of or offered for sale
under the distinctive name of another article if the name is accompanied on the same label or brand
with a statement of the place where said article has been manufactured or produced. No one
administering this chapter may constitute oleomargarine as an imitation of butter.
(4) If its container is so made, formed, or filled as to be misleading.
(5) If in package form, unless it bears a label containing (a) the name and place of business
of the manufacturer, packer, or distributer; (b) an accurate statement of the quantity of the content
in terms of weight, measure, or numerical count, provided, that under clause (b) of this paragraph
reasonable variations shall be permitted, and exemptions as to small packages shall be established,
by regulations prescribed by the State Commissioner of Health.
(6) If any word, statement, or other information required by or under authority of this chapter
of state law to appear on the label or labeling is not prominently placed thereon with such
conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and
in such terms to render it likely to be read and understood by the ordinary individual under
customary conditions of purchase and use.
(7) If it purports to be or is represented as a food for which a definition and standard of
identity has been prescribed by state regulations, unless, (a) it conforms to such definition and
standard, and (b) its label bears the name of the food specified in the definition and standard, and,
insofar as may be required by such regulations, the common names of optional ingredients (other
than spices, flavoring, and coloring) present in such foods.
(8) If it purports to be or is represented as: (a) A food for which a standard of quality has
been prescribed by state regulations, and its quality falls below such standard unless its label bears,
in such manner and form as such regulations specify, a statement that it falls below such standard;
or (b) A food for which a standard or standards of fill of container have been prescribed by state
regulations, and it falls below the standard of fill of container applicable thereto, unless it labels
bears, in such manner and form as such regulations specify, a statement that it falls below such
standard.
(9) If it is not subject to the provisions of paragraph (7) above, unless it bears labeling clearly
giving (a) the common or usual name of the food, if any there be, and (b) in case it is fabricated
from two or more ingredients, the common or usual name of each such ingredient; except that
spices, flavorings, and colorings, other than those sold as such, may be designated as spices,
flavorings, and colorings, without naming each; provided that, to the extent that compliance with
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the requirements of clause (b) of this paragraph is impractical or results in deception or unfair
competition, exemptions shall be established by regulations promulgated by the State Commissioner
of Health; provided further that the requirements in paragraph (3)(b) and (5)(a) shall not apply to
any bottled carbonated drinks or soft drinks and, provided further, that clause (b) of paragraph (9)
shall not apply to any bottled carbonated drinks or soft drinks or the dispensing of carbonated soft
drinks in single service cups. Nothing in this chapter shall be construed as requiring proprietors or
manufacturers of proprietary foods which contain no unwholesome added ingredients to disclose
their trade formulas except insofar as the provisions of the law require to secure freedom of
adulteration or misbranding.
(10) If it purports to be or is represented for special dietary uses, unless its label bears such
information concerning its vitamin, mineral, and other dietary properties as the State Commissioner
of Health determines to be, and by regulations prescribed, as necessary in order to inform purchasers
as to its value for such uses.
(11) If it bears or contains any artificial flavorings, artificial coloring, or chemical
preservative, unless it bears labelling stating that fact; provided that , to the extent that compliance
with the requirements of this paragraph is impracticable, exemptions shall be established by
regulations promulgated by the State Commissioner of Health. The provisions of this paragraph and
paragraphs (7) and (9) with respect to artificial coloring are not to apply in the case of butter, cheese,
and ice cream.
Restaurant. The term "restaurant" shall include restaurant, coffee shop, cafeteria, short-
order cafe, luncheonette, tavern, sandwich shop, sandwich stand, soda fountain, hospitals,
institutions, private, public and parochial school lunchrooms, private and semi -private clubs, and
all other eating or drinking establishments as well as other kitchens or other places in which food
or drink is prepared for serving or for sale elsewhere.
State Law Definitions. Any term used in this Ordinance and not specifically defined herein
shall have the meaning ascribed to it in the Texas Food, Drug and Cosmetic Act, Article 4476-5 of
the Civil Statutes of the State of Texas.
Utensils. The term "utensil" shall mean and include any kitchenware, tableware, glassware,
cutlery, vessels, containers, or other equipment with which food or drink comes in contact during
storage, preparation, serving, eating, or drinking.
Sec. 3
EFFECT OF CHAPTER.
All other building, personnel and sanitation requirements of this Ordinance, whether
applying generally or relating to specific establishments or conditions shall supplement this chapter
and be in addition to the requirements herein. Whenever the provisions of this chapter and other
provisions of this Ordinance apply to the same situation or are in conflict, the most restrictive shall
govern.
Sec. 4
MANUFACTURE, SALE, ETC., OF ADULTERATED, MISBRANDED, ETC., FOOD.
(1) No person shall, within the city, manufacture for sale, have in his/her possession with
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intent to sell, offer or expose for sale, or sell or exchange any article of food which is adulterated,
misbranded or filthy.
(2) No person shall be prosecuted under the provisions of this section when he can establish
a guaranty or undertaking signed by, and containing the name and address of, the person residing
in the United States from whom he received the article in good faith, to the effect that the same is
not adulterated or misbranded within the meaning of this Ordinance.
ARTICLE II
FOOD ESTABLISHMENTS
Sec. 5
DEFINITIONS.
Approved. The term "approved" shall mean acceptable to the Health Officer based on
his/her determination as to conformance with appropriate standards of good public health practice.
Such approval shall be in writing and signed by the Health Officer or his/her authorized
representative.
Caterer. The term "caterer" shall mean a food service establishment where food is
completely or partially prepared for delivery to a single customer, i.e., an individual, partnership,
corporation, association, or other legal entity; and where this food is transported to the customer at
a separate location where it is meant to be served and consumed.
Closed. The term "closed" shall mean without openings large enough for the entrance of
insects or other vermin.
Cold Storage. The term "cold storage" shall mean the storing and preservation of food
products by cold through means of mechanical or electrical refrigeration.
Commissary. The term "commissary" shall mean any kitchen where food is prepared and
packaged for individual consumption, to be transported by the person preparing the food or his/her
agent to another location off the premises.
Corrosion -Resistant Materials. The term "corrosion -resistant materials" shall mean those
materials that maintain their original surface characteristics under prolonged influence of the food
to be contacted, the normal use of cleaning compounds and bactericidal solutions, and other
conditions of the use or environment.
Easily Cleanable. The term "easily cleanable" shall mean that surfaces are readily
accessible and made of such material and finish and so fabricated that residue may be effectively
removed by normal cleaning methods.
Employee. The term "employee" shall mean any individual having supervisory or
management duties and any other person working in a food establishment.
Equipment. The term "equipment" shall mean stoves, ovens, ranges, hoods, slicers, mixers,
meatblocks, tables, counters, refrigerators, sinks, dishwashing machines, steam tables, and similar
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items, other than utensils, used in the operation of a food establishment.
Filth. The term "filth" shall mean dust, dirt, insect excretions or secretions, insect body parts,
rodent hairs or excretions, feathers, or any foreign or injurious contamination.
Food. "Food" shall mean any 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.
Food -Contact Surface. The term 'food -contact surface" shall mean those surfaces of
equipment and utensils with which food normally comes in contact, and those surfaces from which
food may drain, drip, or splash back onto surfaces normally in contact with food.
Food Establishment. The term' food establishment" shall mean and include all food service
establishments and food processing establishments.
Food Processing Establishment. "Foodprocessing establishment" shall mean a commercial
establishment in which food is manufactured or packaged for human consumption and all
commercial establishments bottling water or other liquids intended for human consumption. The
term' food processing establishment" does not include a food service establishment or commissary
operation.
Food Service Establishment. Shall mean and include all retail food stores as defined in this
Ordinance; commissaries; delicatessen -type operations that prepare sandwiches intended for
individual portions, and any place where food is prepared and intended for individual portion
service, and the term food service establishment includes a site at which individual portions are
provided. The term includes any such place regardless of whether consumption is on or off the
premises and regardless of whether their is a charge for the food. The term does not include private
homes where food is prepared or served for individual family consumption, the location of food
vending machines, or supply vehicles.
Garbage. The term "garbage" shall mean every accumulation of animal, vegetable and other
waste matter that attends the preparation, handling, consumption, storage, or decay of plant and
animal matter, including meats, fish and seafood, birds, fruit, vegetable or dairy products and the
waste wrappers or containers thereof.
Health Authority. The term "Health Authority" shall mean the legally appointed Director
of Public Health of the City, or his/her authorized representatives.
Health Officer. The term "Health Officer" shall mean the individual hired by the City to
enforce this Ordinance.
Hermetically Sealed Container. The term "hermetically sealed container" shall mean a
container designed and intended to be secure against the entry of microorganisms and to maintain
the commercial sterility of its contents after processing.
Kitchenware. The term "kitchenware" shall mean all multi -use utensils other than tableware.
Law. The term "law" shall mean all applicable federal, state, and local statutes, ordinances,
and regulations.
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Mobile Food Unit. The term "mobile food unit" shall mean a vehicle -mounted food service
establishment designed to be readily movable.
Packaged. The term "packaged" shall mean bottled, canned, cartoned, or securely wrapped.
Perishable Food. The term "perishable food" shall mean any food of such type or in such
condition as may spoil.
Person. The term "person" shall mean an individual, partnership, corporation, association,
trustee, or other legal entity.
Person in Charge. The term "person in charge" shall mean the individual present in a food
establishment who is the apparent supervisor of the food establishment at the time. If no individual
is the apparent supervisor, then each employee present shall be deemed to be the person in charge.
Potable Water. The term "potable water" shall mean water from an approved source which
has been determined by the Health Officer, after appropriate testing, as suitable for human
consumption.
Potentially Hazardous Food,. The term "potentially hazardous food" shall mean any food
that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible
crustacea, or other ingredients, in a form capable of supporting rapid and progressive growth of
infectious or toxigenic microorganisms. The term does not include foods which have a pH level of
4.5 or below or a water activity (Aw) value of 0.85 or less.
Produce. The term "produce" shall mean and include all vegetables, fruits, nuts, berries,
melons, cantaloupes and other edible plant material.
Reconstituted. The term "reconstituted" shall mean recombining dehydrated food products
with water or other liquids.
Refuse. The term "refuse" shall mean all putrescible and non-putrescible solid and semi-
solid wastes, including garbage, rubbish, and ashes.
Retail Food Store. The term "retail food store" shall mean any establishment where food
and food products are offered for sale to the ultimate consumer and intended for off -premise
consumption; provided, however, the term shall not include an establishment where food is
primarily prepared and sold for individual portion service.
Rubbish. The term "rubbish" shall mean non-putrescible solid wastes, excluding ashes,
consisting of both combustible and non-combustible wastes, such as paper, cardboard, waste metal,
tin cans, yard clippings, wood, glass, crockery, plastics, and similar materials.
Safe Materials. The term "safe materials" shall mean articles manufactured from or
composed of materials that may not reasonably be expected to result, directly or indirectly, in their
becoming a component or otherwise affecting the characteristics of any food. If materials are food
additives or color additives as defined in Section 201(s) or (t) of the Federal Food, Drug and
Cosmetic Act as used, they are 'safe' only if they are used in conformity with regulations established
pursuant to Section 409 or Section 706 of the Act. Other materials are 'safe' only if they are not food
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additives or color additives as defined in Section 201(s) or (t) of the Federal Food, Drug and
Cosmetic Act, as used.
Sanitization. The term "sanitization" shall mean effective bactericidal treatment process that
provides enough accumulative heat or concentration of chemicals for enough time to reduce the
bacterial count, including pathogens, to a safe level on utensils and equipment.
Sealed. The term "sealed" shall mean free of cracks or outer openings that permit the entry
or passage of moisture.
Single -Service Articles. The term "single -service articles" shall mean cups, containers, lids,
closures, plates, knives, forks, spoons, stirrers, paddles, straws, napkins, wrapping materials,
toothpicks, and similar articles designed for one-time use, one -person use and then discarded.
Tableware. The term "tableware" shall mean multi -use eating and drinking utensils
including flatware (knives, forks and spoons).
TemporaryFood-Service Establishment. The term "temporaryfood-service establishment"
shall mean any food -service establishment that operates at a fixed location for a period of time not
more than ten (10) consecutive days in conjunction with a single event or celebration.
Utensil. The term "utensil" shall mean any implement used in the storage, preparation,
transportation, or service of food.
Wholesome. The term "wholesome" shall mean in sound condition, clean and otherwise
suitable for use as human food.
Sec. 6.
INSPECTIONS.
(1) The Health Officer shall inspect each food establishment within the City of Pearland
at least every six (6) months, and he/she shall make as many additional inspections as are necessary
for the enforcement of this Ordinance. Any establishment scoring 75 or below on an inspection will
automatically receive a follow-up inspection within ten (10) days. A reinspection fee of $25.00 must
be paid prior to follow up inspection. Failure to pay reinspection fee will result in immediate
cessation of all food service operations.
(2) The Health Officer or his/her agents, after proper identification, shall be permitted to
enter any food establishment at any reasonable time, for the purpose of making inspections to
determine compliance with this Ordinance. The Health Officer or his/her agents shall be permitted
to examine the records of the establishment to obtain information pertaining to food and supplies
purchased, received, or used, or to persons employed.
(3) Whenever an inspection is made of a food establishment, the findings shall be recorded
on an inspection report form provided for this purpose, and the original of each inspection report
shall be provided to the person in charge of the establishment. This copy shall be posted by the
Health Officer upon an inside wall of the establishment, and such inspection report shall not be
defaced or removed by any person except the Health Officer. Another copy of the inspection report
shall be filed with the records of the Health Officer.
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(4) The Inspection Report form shall specify a specific time by which each violation must
be corrected; provided, however, such notice shall not relieve any person of criminal or civil
penalties for such violations.
(5) In the case of temporary food service establishments, all violations shall be corrected
within twenty-four (24) hours. If violations are not corrected, within twenty-four (24) hours, the
Health Officer shall immediately suspended the permit.
(6) The report of inspection shall state that failure to comply with any time limits for
corrections will require that the establishment immediately cease food service operations.
(7) Whenever a food establishment is required to cease operations under the provisions of
this section, it shall not resume operations until such time as a reinspection determines that
conditions responsible for the requirement to cease operations no longer exist. Opportunity for
reinspection shall be offered within a reasonable period.
(8) Food from food establishments outside the jurisdiction of the City of Pearland may be
sold within the City of Pearland if such food establishments conform to the provisions of this
Ordinance or to substantially equivalent provisions. To determine the extent of compliance with
such provisions, the Health Officer may accept reports from responsible authorities in other
jurisdictions where such food establishments are located. Where such reports can not be obtained
or there is some question regarding their validity, the City of Pearland may request the food
establishment in question to permit an inspection as defined in subsection (2) of this section. If the
food establishment in question refuses to permit such an inspection after the Health Officer has
determined the necessity for such an. inspection he/she shall bar the sale of food from that
establishment within the City of Pearland. The cost of inspections of food establishments outside
the City of Pearland shall be borne by the food establishment.
Sec. 7.
FOOD SERVICE SANITATION.
All food establishments shall comply with the following items of sanitation.
Sec. 7.1.
FOOD SUPPLIES; General.
Food shall be in sound condition, free from spoilage, filth, or other contamination and shall
be safe for human consumption. Food shall be obtained from sources that comply with all laws
relating to food and food labeling. The use of food in hermetically sealed containers that was not
prepared in a food processing establishment is prohibited.
Special Requirements.
(1) Fluid milk and fluid -milk products used or served shall be pasteurized and shall meet the
Grade A quality standards as established by applicable laws. Dry milk and dry -milk products shall
be made from pasteurized milk and milk products.
(2) Fresh and frozen shucked shellfish (oysters, clams, or mussels) shall be packed in
nonreturnable packages identified with the name and address of the original shell stock processor,
shucker-packer, or repacker, and the interstate certification number issued according to law. Shell
stock and shucked shellfish shall be kept in the container in which they were received until they are
used. Each container of unshucked shell stock (oysters, clams, or mussels) shall be identified by an
attached tag that states the name and address of the original shell stock processor, the kind and
quantity of shell stock, and an interstate certification number issued by the State or foreign shellfish
control agency.
(3) Only clean whole eggs, with shell intact and without cracks or checks or pasteurized
liquid, frozen, or dry eggs or pasteurized dry egg products shall be used, except that hard boiled,
peeled eggs, commercially prepared and packaged, may be used.
(4) All frozen desserts such as ice cream, soft frozen desserts, soft serves, ice milk, slush,
non -carbonated fruit flavored frozen desserts, frozen carbonated beverages, snow cones, sherberts,
and their related mixes shall meet the standards of quality established for such products by
applicable laws and regulations.
(5) All food manufactured, processed or packaged in commercial food processing
establishments or commissaries shall be labeled according to all applicable laws.
Sec. 7.2
FOOD PROTECTION; General.
At all times, including while being stored, prepared, displayed, served, or transported, food
shall be protected from potential contamination by all agents, including dust, insects, rodents,
unclean equipment and utensils, unnecessary handling, coughs and sneezes, flooding, draining, and
overhead leakage or overhead drippage from condensation. The internal temperature of potentially
hazardous foods shall be 45° F. (7° C) or below or 140° F. (60° C) or above at all times, except as
otherwise provided in this ordinance.
Emergency Occurrences. In the event of an occurrence, such as a fire, flood, power outage,
or similar event, which might result in the contamination of food, or which might prevent potentially
hazardous food from being held at required temperatures, the person in charge shall immediately
contact the Health Officer. Upon receiving notice of this occurrence, the Health Officer shall take
whatever action he/she deems necessary to protect the public health.
Sec 7.3
FOOD STORAGE; General.
(1) Food, whether raw or prepared, if removed from the container or package in which it was
obtained, shall be stored in a clean covered container except during necessary periods of preparation
or service. Container covers shall be impervious and nonabsorbent, except that linens or napkins
may be used for lining or covering bread or roll containers. Solid cuts of meat shall be protected
by being covered in storage, except that quarters or sides of meat may be hung uncovered on clean
sanitized hooks if no food product is stored beneath the meat.
(2) Containers of food shall be stored a minimum of six inches above the floor in the manner
that protects the food from splash and other contamination, and that permits easy cleaning of the
storage area, except that:
(a) Metal pressurized beverage containers, and cased food packaged in cans, glass
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or other waterproof containL need not be elevated when the food coii.diner is not exposed to floor
moisture; and
(b) Containers may be stored on dollies, racks or pallets, provided such equipment
is easily moveable.
(3) Food and containers of food shall not be stored under exposed or unprotected sewer lines
or water lines, except for automatic fire protection sprinkler heads that may be required by law. The
storage of food in toilet rooms or vestibules is prohibited.
(4) Food not subject to further washing or cooking before serving shall be stored in a way
that protects it against cross -contamination from food requiring washing or cooking.
(5) Packaged food shall not be stored in contact with water or undrained ice. Wrapped
sandwiches shall not be stored in direct contact with ice.
(6) Unless its identity is unmistakable, bulk food such as cooking oil, syrup, salt, sugar or
flour not stored in the product container or package in which it was obtained, shall be stored in a
container identifying the food by common name.
(7) Bulk packaged food stored in food warehouses shall be stored at least six inches away
from walls and off the floor on approved racks or approved pallets in a way that permits inspection
under and behind such storage and in a way that permits the cleaning of the storage area and that
protects the food from contamination by splash and other means. Cased food packaged in cans, glass
or other waterproof containers need not be elevated when the case of food is not exposed to floor
moisture.
Refrigerated Storage.
(1) Conveniently located refrigeration facilities or effectively insulated facilities shall be
provided to assure the maintenance of all potentially hazardous food at required temperatures during
storage. Each mechanically refrigerated facility storing potentially ha 7ardous food shall be provided
with a numerically scaled indicating thermometer, accurate to ±3° F., located to measure the air
temperature in the warmest part of the facility and located to be easily readable. Recording
thermometers, accurate to ±3 F., may be used in lieu of indicating thermometers.
(2) Potentially hazardous food requiring refrigeration after preparation shall be rapidly
cooled to an internal temperature of 45° F. (7° C) or below. Potentially hazardous foods of large
volume or prepared in large quantities shall be rapidly cooled utilizing such methods as shallow
pans, agitation, quick chilling or water circulation external to the food container so that the cooling
period shall not exceed four (4) hours. Potentially hazardous food to be transported shall be
prechilled and held at a temperature of 45° F. (7 ° C) or below unless maintained in accordance with
paragraph (2) of subsection Hot Storage of Section 7.3.
(3) Frozen foods shall be kept frozen and shall be stored at a temperature of 0° F. (-18
degrees C) or below.
(4) Ice intended for human consumption shall not be used as a medium for cooling stored
food, food containers or food utensils, except that such ice may be used for cooling tubes conveying
beverages or beverage ingredients to a dispenser head. Ice used for cooling stored food and food
containers shall not be used for human consumption.
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(5) All perishable food shall be stored at such temperatures as will protect against spoilage.
(6) Frozen foods prepared in any food service establishment once thawed shall not be
refrozen.
Hot Storage.
(1) Conveniently located hot food storage facilities shall be provided to assure the
maintenance of food at the required temperature during storage. Each hot food facility storing
potentially hazardous food shall be provided with a numerically scaled indicating thermometer,
accurate to ±3° F., located to measure the air temperature in the coolest part of the facility and
located to be easily readable. Recording thermometers, accurate to ±3° F., may be used in lieu of
indicating thermometers. Where it is impractical to install thermometers on equipment such as
bainmaries, steam tables, steam kettles, heat lamps, cal -rod units, or insulated food transport carriers,
a product thermometer must be available and used to check internal food temperature.
(2) The internal temperature of potentially hazardous foods requiring hot storage shall be
140° F. (60° C.) or above except during necessary periods of preparation. Potentially hazardous
food to be transported shall be held at a temperature of 140° F. (60 ° C.) or above unless maintained
in accordance with paragraph (2) of subsection Refrigerated Storage of Section 7.3.
Sec. 7.4
FOOD PREPARATION; General.
Food shall be prepared with the least possible manual contact, with suitable utensils, and on
surfaces that prior to use have been cleaned, rinsed and sanitized to prevent cross -contamination.
Raw Fruits and Raw Vegetables.
Raw fruits and raw vegetables shall be washed thoroughly in potable water before being
cooked or served.
Cooking Potentially Hazardous Foods.
Potentially hazardous foods requiring cooking shall be cooked to heat all parts of the food
to a temperature of at least 140° F., (60 ° C) except that:
(1) Poultry, poultry stuffing, stuffed meats and stuffing containing meat shall be cooked to
heat all parts of the food to at least 165° F. (74 ° C) with no interruption of the cooking process.
(2) Pork and any food containing pork shall be cooked to heat all parts of the food to at least
150° F. (66 ° C.) Rare roast beef shall be cooked to an internal temperature of at least 130° F. (54 °
C), Unless otherwise ordered by the immediate consumer.
Dry milk and dry milk products.
Reconstituted dry milk and dry milk products may be used in instant desserts and whipped
products, or for cooking and baking purposes.
12
r"1
Liquid, Frozen, Dry Eggs and Egg Products.
Liquid, frozen, dry eggs and egg products shall be used only for cooking and baking
purposes.
Reheating.
Potentially hazardous foods that were cooked and then refrigerated shall be reheated rapidly
to 165° F. (74° C) or higher throughout before being served or placed in a hot food storage facility.
Steam tables, bainmaries, warmers, and similar hot food holding facilities are prohibited for the
rapid reheating of potentially hazardous foods.
Nondairy Products.
Nondairy creaming, whitening, or whipping agents may be reconstituted on the premises
only when they will be stored in sanitized, covered containers not exceeding one gallon in capacity
and cooled to 45° F. (7° C.) or below within four hours after preparation.
Product Thermometers.
Metal stem -type numerically scaled indicating thermometers, accurate to ±2° F. shall be
provided and used to assure attainment and maintenance of proper internal cooking, holding, or
refrigeration temperatures of all potentially hazardous foods.
Thawing Potentially Hazardous Foods.
Potentially hazardous foods shall be thawed:
(1) In refrigerated units at a temperature not to exceed 45° F. (7° C); or
(2) Under potable running water of a temperature of 70° F. (21 ° C) or below, with sufficient
water velocity to agitate and float off loose food particles into the overflow; or
(3) In a microwave oven only when the food will be immediately transferred to conventional
cooking facilities as part of a continuous cooking process or when the entire, uninterrupted cooking
process takes place in the microwave oven; or
(4) As part of the conventional cooking process.
Custards and Cream Filled Pastries.
Custards, cream fillings, or similar products which are prepared by hot or cold processes,
and which are used as puddings or pastry fillings, shall be kept at safe temperatures, except during
necessary periods of preparation and service, and shall meet the following requirements as
applicable:
(1) Pastry fillings shall be placed in shells, crusts, or other baked goods either while hot (not
less than 140° F. (or 60° C) or immediately following preparation, if a cold process is used; or
13
(2) Such fillings antepuddings shall be refrigerated at 45° F -(7° C.) or below in shallow
pans, immediately after cooking or preparation, and held thereat until combined into pastries, or
served.
(3) All completed custard -filled and cream filled pastries shall, unless served immediately
following filling, be refrigerated at 45° F. (7° C) or below promptly after preparation, and held
thereat pending service.
Sec. 7.5
FOOD DISPLAY AND SERVICE.
Potentially hazardous food shall be kept at an internal temperature of 45° F. (7 ° C) or lower
or at a temperature of 140° F. (60 ° C) or above during display and service, except that rare roast
beef shall he held for service at a temperature of at least 130° F. (54 ° C).
Milk and Cream Dispensing.
(1) Milk and milk products for drinking purposes shall be provided to the consumer in an
unopened, commercially filled package not exceeding one pint in capacity, or drawn from a
commercially filled container stored in a mechanically refrigerated bulk milk dispenser. Where it
is necessary to provide individual servings under special institutional circumstances, milk and milk
products may be poured from a commercially filled container provided such a procedure is
authorized by the Health Officer. Where bulk dispenser for milk and milk products is not available
and portions of less than one-half pint are required for mixed drinks, cereal, or dessert service, milk
and milk products may be poured from a commercially filled container.
(2) Cream or half and half shall be provided in an individual service container, protected
pour -type pitcher, or drawn from a refrigerated dispenser designed for such service.
Nondairy Product Dispensing.
Nondairy creaming or whitening agents shall be provided in an individual service container,
protected pour -type pitcher, or drawn from a refrigerated dispenser designed for such service.
Condiment Dispensing.
(1) Condiments, seasonings and dressings for self-service use shall be provided in individual
packages, from dispensers, or from containers protected in accordance with Display Equipment of
Section 7.5.
(2) Condiments provided for table or counter service shall be individually portioned, except
that catsup and other sauces may be served in the original container or pour -type dispenser. Sugar
for consumer usage shall be provided in individual packages or in pour -type dispensers.
Ice Dispensing.
Ice for consumer use shall be dispensed only by employees with scoops, tongs, or other ice -
self -dispensing utensils or through automatic service, ice -dispensing equipment. Ice dispensing
utensils shall be stored on a clean surface or in the ice with the dispensing utensil's handle extended
out of the ice. Between uses, ice transfer receptacles shall be stored in a way that protects them from
14
contamination. Ice storage bins shall be drained through an air gap.
Dispensing Utensils.
To avoid unnecessary manual contact with food, suitable dispensing utensils shall be used
by employees or provided to consumers who serve themselves. Between uses during service,
dispensing utensils shall be:
(1) Stored in the food with the dispensing utensil handle extended out of the food; or
(2) Stored clean and dry; or
(3) Stored in running water; or
(4) Stored either in a running water dipper well, or clean and dry in the case of dispensing
utensils and malt collars used in preparing frozen desserts.
Reservice.
Once served to a consumer, portions of leftover food shall not be served again except that
packaged food, other than potentially hazardous food, that is still packaged and is still in sound
condition, may be reserved.
Display Equipment.
Food on display shall be protected from consumer contamination by the use of packaging
or by the use of easily cleanable counter, serving line or salad bar protector devices, display cases,
or by other effective means. Enough hot or cold food facilities shall be available to maintain the
required temperature of potentially hazardous food on display.
Reuse of Tableware.
Reuse of soiled tableware by self-service consumers returning to the service area for
additional food is prohibited. Beverage cups and glasses are exempt from this requirement.
Sec. 7.6
FOOD TRANSPORTATION; General
During transportation, food and food utensils shall be kept in covered containers or
completely wrapped or packaged so as to be protected from contamination. Foods in original
individual packages do not need to be overwrapped or covered if the original package has not been
torn or broken. During transportation, including transportation to another location for service or
catering operations, food shall meet the requirements of these rules relating to food protection and
food storage.
Sec. 7.7
EMPLOYEE HEALTH; General.
No person, while infected with a disease in a communicable form that can be transmitted
by foods or who is a carrier of organisms that cause such a disease or while afflicted with a boil, an
infected wound, or an acute respiratory infection, shall work in a food establishment in any capacity
in which there is a likelihood of such person contaminating food or food -contact surfaces with
15
pathogenic organisms or transmitting disease to other persons.
Sec. '7.8
PERSONAL CLEANLINESS; General.
Employees shall thoroughly wash their hands and the exposed portions of their arms with
soap and warm water before starting work, during work as often as is necessary to keep them clean,
and after smoking, eating, drinking, or using the toilet. Employees shall keep their fingernails clean
and trimmed.
Clothing; General.
(1) The outer clothing of all employees shall be clean.
(2) Employees shall use effective hair restraints to prevent the contamination of food or
food -contact surfaces. An effective hair restraint shall mean any headband, cap, hat, or hair net
made of fabric, cord, plastic, or paper, which effectively covers and holds hair in place. The use of
effective hair restraints shall also apply to any exposed scalp or facial hair, where there is the
potential for contamination of food or food contact surfaces. Facial hair restraints will not be
required when facial hair is well groomed and trimmed.
(3) Employees shall remove all insecure jewelry, and during periods when food is
manipulated by hand, remove from hands any jewelry that cannot be adequately sanitized.
Sec. 7.9
EMPLOYEE PRACTICES; General.
(1) Employees shall consume food only in designated dining areas. An employee dining area
shall not be so designated if consuming food there might result in contamination of other food,
equipment, utensils, or other items needing protection.
(2) Employees shall not use tobacco in any form while engaged in food preparation or
service, nor while in equipment or utensil washing or food -preparation areas. Employees shall use
tobacco only in designated areas. An employee tobacco use area shall not be designated for that
purpose if the use of tobacco there may result in contamination of food, equipment, utensils, or other
items needing protection.
(3) Employees shall handle soiled tableware in a way that minimizes contamination of their
hands.
(4) Employees shall maintain a high degree of personal cleanliness and shall conform to
good hygienic practices during all working periods in the food establishment.
Sec. 7.10
EQUIPMENT AND UTENSILS;
Materials; General.
Multi -use equipment and utensils shall be constructed and repaired with safe materials,
16
including finishing materials; shall be corrosion resistant and nonabsorbent; and shall be smooth,
easily cleanable and durable under conditions of normal use. All equipment and utensils shall be
maintained in good repair. Single -service articles shall be made from clean, sanitary, safe materials.
Equipment, utensils, and single -service articles shall not impart odors, color, or taste, nor contribute
to the contamination of food.
(1) Solder. If solder is used, it shall be composed of safe materials and be corrosion
resistant.
(2) Wood. Hard maple or equivalently nonabsorbent material that meets the general
requirements set forth in the introductory test of this section, may be used for cutting blocks, cutting
boards, salad bowls, and baker's tables. Wood may be used for single -service articles, such as chop
sticks, stirrers, or ice cream spoons. The use of wood as a food -contact surface under other
circumstances is prohibited. If cutting boards are used they shall be easily removable in order to
facilitate cleaning.
(3) Plastics. Safe plastic or safe rubber or safe rubber -like materials that are resistant under
normal conditions of use to scratching, scoring, decomposition, crazing, chipping, and distortion,
that are of sufficient weight and thickness to permit cleaning and sanitizing, by normal dishwashing
methods, and which meet the general requirements set forth in the introductory text of this section
are permitted for repeated use.
(4) Mollusk and crustacea shells. Mollusk and crustacea shells may be used only once as
a serving container. Further reuse of such shells for food service is prohibited.
(5) Single -service. Reuse of single -service articles is prohibited.
(6) Canvas cloths. With the sole exception of approved easily -cleanable belts on equipment
used for the conveying or shaping and conveying of bakery products in the precooked stage, canvas
cloths or other cloth materials used as food contact surfaces are prohibited.
Design and Fabrication; General.
(1) All equipment and utensils, including plasticware, shall be designed and fabricated for
durability under conditions of normal use and shall be resistant to denting, buckling, pitting,
chipping, and crazing. Food -contact surfaces shall be easily cleanable, smooth, and free of breaks,
open seams, cracks, chips, pits, and similar imperfections, and free of difficult -to -clean internal
corners and crevices. Cast iron may be used as a food -contact surface only if the surface is heated,
such as in grills, griddle tops and skillets. Threads shall be designed to facilitate cleaning; ordinary
"V" type threads are prohibited in food -contact surfaces, except that in equipment such as ice makers
or hot oil cooking equipment and hot oil filtering systems such threads shall be minimized.
(2) Equipment containing bearings and gears requiring unsafe lubricants shall be designed
and constructed so that the lubricant cannot leak, drip, or be forced into food or onto food -contact
surfaces. Only safe lubricants shall be used on equipment designed to receive lubrication of bearings
and gears on or within food -contact surfaces.
(3) Tubing conveying beverages or beverage ingredients to dispensing heads may be in
contact with stored ice, provided that such tubing is fabricated from safe materials, is grommeted
17
at entry and exit points to preclude moisture (condensation) from entering the ice machine or the
ice storage bin, and is kept clean. Drainage or drainage tubes from dispensing units shall not pass
through the ice machine or the ice storage bin.
(4) Sinks and drain boards shall be self draining.
Accessibility.
Unless designed for in -place cleaning, food -contact surfaces shall be accessible for cleaning
and inspection:
(1) Without being disassembled; or
(2) By disassembling without the use of tools; or
(3) By easy disassembling with the use of only simple tools such as a mallet, a screwdriver,
or an open-end wrench kept available near the equipment.
In -Place cleaning.
Equipment intended for in -place cleaning shall be so designed and fabricated that:
(1) Cleaning and sanitizing solutions can be circulated throughout a fixed system using an
effective cleaning and sanitizing regimen; and
(2) Cleaning and sanitizing solutions will contact all interior food -contact surfaces; and
(3) The system is self draining or capable of being completely evacuated.
Pressure Spray Cleaning.
Fixed equipment designed and fabricated to be cleaned and sanitized by pressure spray
methods shall have sealed electrical wiring, switches, and connections.
Thermometers.
Indicating thermometers required for immersion into food or cooking media shall be of
metal stem -type construction, numerically scaled, and accurate to ±2° F.
Non -Food -Contact Surfaces.
Surfaces of equipment not intended for contact with food, but which are exposed to splash
or food debris or which otherwise require frequent cleaning, shall be designed and fabricated to be
smooth, washable, free of unnecessary ledges, projections, or crevices, and readily accessible for
cleaning, and shall be of such material and in such repair as to be easily maintained in a clean and
sanitary condition.
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Ventilation Hoods.
Ventilation hoods and devices shall be designed to prevent grease or condensation from
collecting on walls and ceilings, and from dripping into food or onto food -contact surfaces. Filters,
or other grease extracting equipment, shall be readily removable for cleaning and replacement if not
designed to be cleaned in place.
Existing Equipment.
Equipment which was installed in a food establishment prior to the effective date of this
Ordinance, and which does not fully meet all of the design and fabrication requirements of this
section, shall be deemed acceptable in that establishment as long as there is no change of ownership,
if it is in good repair, capable of being maintained in a sanitary condition, and the food -contact
surfaces are nontoxic. Replacement equipment and new equipment acquired after the effective date
of this ordinance shall meet the requirements of this section.
Equipment Installation and Location; General.
Equipment including ice makers and ice storage equipment, shall not be located under
exposed or unprotected sewer lines, water lines, open stairwells, or other sources of contamination.
This requirement does not apply to automatic fire protection sprinkler heads that may be required
by law.
Table -Mounted Equipment.
(1) Equipment that is placed on tables or counters, unless portable, shall be sealed to the
table or counter or elevated on legs to provide at least a four inch (4") clearance between the table
or counter and equipment and shall be installed to facilitate the cleaning of the equipment and
adjacent areas.
(2) Equipment is portable within the meaning of the preceding paragraph of "Table Mounted
Equipment" if:
(a) It is small and light enough to be moved easily by one person; and
(b) It has no utility connection, or has a utility connection that disconnects quickly,
or has a flexible utility connection line of sufficient length to permit the equipment to be moved for
easy cleaning.
Floor -Mounted Equipment.
(1) Floor -mounted equipment, unless readily movable, shall be:
(a) Sealed to the floor; or
(b) Installed on a raised platform of concrete or other smooth masonry in a way that
meets all requirements for sealing or floor clearance; or
(c) Elevated on legs to provide at least a six inch (6") clearance between the floor and
equipment, except that vertically mounted floor mixers may be elevated to provide at least a four
inch (4") clearance between the floor and equipment if no part of the floor under the mixer is more
than six inches from cleaning access.
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(2) Equipment is easily movable if:
(a) It is mounted on wheels or casters; and
(b) It has no utility connection or has a utility connection that disconnects quickly,
or has a flexible utility line of sufficient length to permit the equipment to be moved for easy
cleaning.
(3) Unless sufficient space is provided for easy cleaning between and behind each unit of
floor -mounted equipment, the space between it and adjoining -equipment units and between it and
adjacent walls shall be closed or, if exposed to seepage, the equipment shall be sealed to the
adjoining equipment or adjacent walls.
Aisles and Working Spaces.
Aisles and working spaces between units of equipment and walls shall be unobstructed and
of sufficient width to permit employees to perform their duties readily without contamination of
food or food -contact surfaces by clothing or personal contact. All easily movable storage equipment
such as pallets, racks, and dollies shall be positioned to provide accessibility to working areas.
Sec. 7.11
EQUIPMENT AND UTENSIL CLEANING AND SANITATION;
Cleaning Frequency.
(1) Tableware shall be washed, rinsed and sanitized after each use.
(2) To prevent cross -contamination kitchenware and food -contact surfaces of equipment
shall be washed, rinsed and sanitized after each use and following any interruption of operations
during which time contamination may have occurred.
(3) Where equipment and utensils are used for the preparation of potentially hazardous foods
on a continuous or production -line basis, utensils and food -contact surfaces of equipment shall be
washed, rinsed and sanitized at intervals throughout the day on a schedule based on food
temperature, type of food, and amount of food particle accumulation.
(4) The food -contact surfaces of grills, griddles, and similar cooking devices and the cavities
and door seals of microwave ovens shall be cleaned at least once a day; except that this shall not
apply to hot oil cooking equipment and hot oil filtering systems. The food -contact surfaces of all
cooking equipment shall be kept free of crusted grease deposits and other accumulated soil.
(5) Non -food -contact surfaces of equipment shall be cleaned as often as is necessary to keep
the equipment free of accumulation of dust, dirt, food particles, and other debris.
Wiping Cloths.
(1) Cloths used for wiping food spills on tableware, such as plates or bowls being served to
the consumer, shall be clean, dry and used for no other purpose.
(2) Moist cloths or sponges used for wiping food spills on kitchenware and food -contact
20
surfaces of equipment shall be clean and rinsed frequently in one of the sanitizing solutions
permitted in paragraph 5 (a-g) of Section 7.12, and used for no other purpose. These cloths and
sponges shall be stored in the sanitizing solution between uses.
(3) Moist cloths or sponges used for cleaning nonfood -contact surfaces of equipment such
as counters, dining table tops and shelves shall be clean and rinsed as specified in paragraph (2)
under Wiping Cloths of Section 7.11, and used for no other purpose. These cloths and sponges shall
be stored in the sanitizing solution between uses.
Sinks.
Each food establishment shall have a two -compartment sink in addition to the lavatories
required under Section 7.19 except:
(1) A three -compartment sink shall be installed when required under Section 7.12.
(2) No sink shall be required in a retail food store or a convenience store if no food is
received, kept, sold or offered for sale except foods which need not be kept 45° degree F. (7°
degree C.) or below or 140° degree F. (60 ° degree C.) or above and which are received, kept and
sold in unbroken sealed packages.
Each compartment of any sink required by this section shall be not less than 15 inches in
length, 15 inches in width, and 14 inches in depth with an approved basket.
Sec. 7.12
MANUAL CLEANING AND SANITIZING.
(1) A three -compartment sink shall be used if washing, rinsing and sanitization of equipment
or utensils is done manually, provided, that existing establishments not having a three (3)
compartment sink that can demonstrate an acceptable procedure for washing, rinsing and sanitizing
utensils and equipment may be exempt from this requirement by the Health Officer. Sinks shall be
large enough to permit the complete immersion of the utensils and equipment and each compartment
sink shall be supplied with hot and cold potable running water. A two (2) compartment sink will
be acceptable where only single -service tableware is used. Suitable equipment shall be made
available if washing, rinsing and sanitizing cannot be accomplished by immersion. Those retail meat
markets and grocery stores with meat processing where an approved procedure for cleaning and
sanitizing utensils and equipment utilizing a two -compartment sink has already been established
prior to the effective date of this ordinance will be exempt from the three -compartment sink
requirement, so long as the operation continues under the same ownership and provided that no
major remodeling is conducted. Establishments will also be exempt so long as replacement of the
sink (due to deterioration) is not necessary.
(2) Drain boards or easily movable dishtables of adequate size shall be provided for proper
handling of soiled utensils prior to washing and for cleaned utensils following sanitizing and shall
be located so as not to interfere with the proper use of the dishwashing facilities.
(3) Equipment and utensils shall be preflushed or pre -scraped and, when necessary,
presoaked to remove gross food particles and soil.
(4) Except for fixed equipment and utensils too large to be cleaned in sink compartments,
21
manual washing, rinsing and sanitizing shall be conducted in the following sequence:
(a) Sinks shall be cleaned prior to use; and
(b) Equipment and utensils shall be thoroughly washed in the first compartment with
a hot detergent solution that is kept clean; and
(c) Equipment and utensils shall be rinsed free of detergent and abrasives with clean
water in the second compartment; and
(d) Equipment and utensils shall be sanitized in the third compartment according to
one of the methods included in paragraphs (5) (a thru g) of Section 7.12.
(5) The food -contact surfaces of all equipment and utensils shall be sanitized by:
(a) Immersion for at least one-half (1/2) minute in clean, hot water at a temperature
of at least 170° F. (77° C.); or
(b) Immersion for at least one minute in a clean solution containing at least 50 parts
per million (ppm) of available chlorine as a hypochlorite and a temperature of at
least 75° F. (24° C.).
(c) Immersion for at least one (1) minute in a clean solution containing at least
12.5 ppm. of available iodine and having a pH not higher than 5.0 and a temperature of at least 75°
F. (24 ° C);
(d) Immersion for at least one (1) minute in a clean solution containing chlorine and
bromine made up at a strength of 25 ppm. total available halogen at a temperature of not less than
75° F. (24 ° C), and not to be used after its strength has been reduced below 12.5 ppm. or;
(e) Immersion in a solution containing an approved quaternary ammonium compound
(Q.A.C.) at a strength and for a period of time as stated on the product's officially approved label.
Quaternary ammonium compounds refers to products approved and registered with the U. S.
Environmental Protection Agency; or
(f) Immersion in a solution containing acid sanitizer compounds at a strength and for
a period of time as stated on the product's officially approved label. Acid sanitizer compounds refer
to products approved and registered with the U. S. Environmental Protection Agency; or
(g) Immersion in a clean solution containing any other chemical sanitizing agent
approved by the Texas Department of Health that will provide the equivalent bactericidal effect of
a solution containing at least 50 ppm. of available chlorine as a hypochiorite at a temperature of at
least 75° F. (24 ° C) for one (1) minute; or
(h) Treatment with steam free from harmful materials or additives in the case of
equipment too large to sanitize by immersion, but in which steam can be confined, or;
(i) Rinsing, spraying, or swabbing with a chemical sanitizing solution of at least
twice the strength required for that particular sanitizing solution under paragraph (5) (g) of Section
7.12 in the case of equipment too large to sanitize by immersion.
(6) When hot water is used for sanitizing, the following facilities shall be provided and used:
(a) An integral heating device or fixture installed in, on or under the sanitizing
compartment of the sink capable of maintaining the water at a temperature of at least 170° F. (77°
C); and
(b) A numerically scaled indicating thermometer accurate to ±3° F. convenient to
the sink for frequent checks of water temperature; and
(c) Dish baskets of such size and design to permit complete immersion of the
tableware, kitchenware, and equipment in the hot water.
22
(7) When chemicals are used for sanitization, a test kit or other device that accurately
measures the parts per million concentration of the solution shall be provided and used.
Sec. 7.13
MECHANICAL CLEANING AND SANITIZING.
(1) Cleaning and sanitizing may be done by spray -type or immersion dishwashing machines
or by any other type of machine or device if it is demonstrated that it thoroughly cleans and sanitizes
equipment and utensils. Such machines and devices shall be properly installed and maintained in
good repair. Machines and devices shall be operated in accordance with manufacturers' instructions,
and utensils and equipment placed in the machine shall be exposed to all dishwashing cycles.
Automatic detergent dispensers and wetting agent dispensers, and liquid sanitizer injectors, if any,
shall be properly installed and maintained.
(2) The pressure of final rinse water supplied to spray -type dishwashing machines shall not
be less than 15 nor more than 25 pounds per square inch (psi) measured in the water line
immediately adjacent to the final rinse control valve. A one -quarter -inch psi valve shall be provided
immediately upstream from the final -rinse control valve to permit checking the flow pressure, of the
final rinse water.
(3) Machine or water line mounted numerically scaled indicating thermometers accurate to
±3° F., shall be provided to indicate the temperature of the water in each tank of the machine and
the temperature of the final rinse water as it enters the manifold.
(4) Rinse -water tanks shall be protected by baffles or other effective means as to minimize
the entry of wash water into the rinse water. Conveyors in dishwashing machines shall be accurately
timed to assure proper exposure times in wash and rinse cycles in accordance with manufacturer's
specifications attached to the machines.
(5) Drain boards shall be provided and be of adequate size for the proper handling of soiled
utensils prior to washing and of cleaned utensils following sanitization and shall be so located and
constructed as not to interfere with the proper use of the dishwashing facilities. This does not
preclude the use of easily movable dish tables for the storage of soiled utensils or the use of easily
movable dish tables for the storage of clean utensils following sanitization.
(6) Equipment and utensils shall be flushed or scraped and, when necessary, soaked to
remove gross particles and soil prior to being cleaned in a dishwashing machine unless a pre -wash
cycle is a part of the dishwashing machine operation. Equipment and utensils shall be placed in
racks, trays, or baskets, or on conveyors, in a way that food -contact surfaces are exposed to the
unobstructed application of detergent wash and clean rinse waters and that permits free draining.
(7) Machines (single -tank, stationary -rack, door type machines and spray -type glass
washers) using chemicals for sanitization may be used provided that:
(a) The temperature of the wash water shall not be less than 120° F.(49° C.) and
(b) The wash water shall be kept clean; and
(c) Chemicals added for sanitization purposes shall be automatically dispensed; and
(d) Utensils and equipment shall be exposed to the final chemical sanitizing rinse in
accordance with the manufacturers' specifications for time and concentration; and
23
(e) The chemical sanitizing rinse water temperature shall be not less than 75 ° F. (24 °
C) nor less than the temperature specified by the machine's manufacturer; and
(f) Chemical sanitizers used shall be approved and a test kit or other device that
accurately measures the parts per million concentration of the solution shall be available and used.
(8) Machines using hot water for sanitizing may be used provided that wash water and
pumped rinse water shall be kept clean and water shall be maintained at not less than the
temperatures stated below:
(a) Single -tank, stationary -rack, dual -temperature machine:
Wash temperature
150° F. (66 ° C)
Final rinse temperature
180° F. (82° C)
Final rinse temperature at the dish level
170° F. (77° C)
(b) Single -tank, stationary rack, single temperature machine:
Wash temperature
165° F. (74° C)
Final rinse temperature at the dish level
165° F. (74° C)
(c) Single -tank, conveyor machine:
Wash temperature
160° F. (71 ° C)
Final rinse temperature
180° F. (82° C)
Final rinse temperature at the dish level
170° F. (77° C)
(d) Multiple -tank, conveyor machine:
Wash temperature
150° F. (66° C)
Pumped rinse temperature
160° F. (71 ° C)
Final rinse temperature at the dish level
170° F. (77° C)
(e) Single -tank. pot, pan. and utensil washer:
Wash temperature
140° F. (60° C)
Final rinse temperature
180° F. (82° C)
Final rinse temperature at the dish level
170° F. (77° C)
(9) All dishwashing machines shall be thoroughly cleaned at least once a day or more often
when necessary to maintain them in a satisfactory operating condition. Wash and pumped rinse
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temperatures are measured in the respective tanks and final rinse temperature is measured both at
the entrance of the manifold and at dish level. Testing of the final rinse temperature will be done
by means of a registering thermometer traveling through the final rinse chamber in the same manner
as equipment and utensils, at the dish level and during a normal rinse cycle. No greater than a 10°
F. (5.5 ° C) drop in temperature from the manifold reading is acceptable.
Drying.
After sanitization, all equipment and utensils shall be air-dried. Use of towels is prohibited.
Sec. 7.14
EQUIPMENT AND UTENSIL STORAGE;
Handling.
Cleaned and sanitized equipment and utensils shall be handled in a way that protects them
from contamination. Spoons, knives, and forks shall be touched only by their handles. Cups,
glasses, bowls and plates shall be handled without contact with inside surfaces or with surfaces that
contact the user's mouth.
Storage.
(1) Cleaned and sanitized utensils and movable equipment shall be stored at least six (6")
inches above the floor in a clean, dry location in a way that protects them from contamination by
splash, dust, and other means. The food -contact surfaces of fixed equipment shall also be protected
from contamination. Equipment and utensils shall not be placed under exposed sewer lines or
potable water lines except for automatic fire protection sprinkler heads that may be required by law.
(2) Utensils shall be air-dried before being stored or shall be stored in a self -draining
position.
(3) Glasses and cups shall be stored inverted. Other stored utensils shall be covered or
inverted, wherever practical. Facilities for the storage of knives, forks, and spoons shall be designed
and used to present the handle to the employee or consumer. Unless tableware is prewrapped,
holders for knives, forks and spoons at self-service locations shall protect these articles from
contamination and present the handle of the utensil to the consumer.
(4) If presetting is practiced, all unprotected, unused, preset tableware shall be collected for
washing and sanitizing after the meal period; and after any place at a table or counter is occupied.
Single -Service Articles.
(1) Single -service articles shall be stored at least six (6") inches above the floor in closed
cartons which protect them from contamination, except for automatic fire protection sprinkler heads
that may be required by law.
(2) Single -service articles shall be handled and dispensed in a manner that prevents
contamination of surfaces which may come in contact with food or with the mouth of the user.
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(3) Single -service knives, forks, and spoons packaged in bulk shall be inserted into holders
or be wrapped by an employee who has washed his/her hands immediately prior to sorting or
wrapping the utensils. Unless single -service knives, forks and spoons are prewrapped or
prepackaged, holders shall be provided to protect these items from contamination and to present the
handle of the utensil to the consumer.
(4) Single -service articles shall be used only once.
Prohibited Storage Area.
The storage of food equipment, utensils or single -service articles in toilet rooms or
vestibules is prohibited.
Sec. 7.15
WATER SUPPLY; General.
Enough potable water for the needs of the food establishment shall be provided from a
source constructed and operated according to all applicable laws.
Transportation.
All potable water not provided directly by pipe to the food establishment from the source
shall be transported in a bulk water transport system and shall be delivered to a closed water system.
Both of these systems shall be constructed and operated according to all applicable laws.
Bottled Water.
Bottled and packaged potable water shall be obtained from a source that complies with all
laws and shall be handled and stored in a way that protects it from contamination. Bottled and
packaged potable water shall be dispensed from the original container.
Water Under Pressure.
Water under pressure at the required temperatures shall be provided to all fixtures and
equipment that use water.
Steam.
Steam used in contact with food or food -contact surfaces shall be free from any harmful
materials or additives.
Water Fountains.
Water fountains shall be constructed and installed according to all applicable laws and
maintained clean and in good repair.
Ice Manufacture.
Ice shall be made from water meeting the requirements of Section 7.15 "Water supply," in
an approved ice -making machine or plant which is located, installed, operated, and maintained so
26
as to prevent contamination of the ice; or shall be obtained from a source approved by the Health
Officer.
If ice crushers are used, they shall be maintained in a clean condition and shall be covered
when not in use.
Sec. 7.16
SEWAGE.
All sewage, including liquid waste, shall be disposed of by a public sewage system or by
a sewage disposal system constructed and operated according to all applicable laws. Non -water -
carried sewage disposal facilities are prohibited, except as permitted by Section 9 "General" and
Section 9.2, paragraph 6 "Waste." (pertaining to temporary food service establishments).
Sec. 7.17
PLUMBING; General.
Plumbing shall be sized, installed, and maintained according to applicable laws. There shall
be no cross -connection between the potable water supply and any nonpotable or questionable water
supply, or any source of pollution through which the potable water supply might become
contaminated.
Nonpotable Water System.
A nonpotable water system is permitted only for purposes such as air-conditioning and fire
protection and only if the system is installed according to all applicable laws and the nonpotable
water does not contact, directly or indirectly, food, potable water, equipment that contacts food, or
utensils. The piping of any nonpotable water system shall be durably identified so that it is readily
distinguishable from piping that carries potable water.
Backflow.
The potable water system shall be installed to preclude the possibility of backflow. Devices
shall be installed to protect against backflow and backsiphonage at all fixtures and equipment where
an air gap at least twice the diameter of the water supply inlet is not provided between the water
supply inlet and the fixture's flood -level rim. A hose shall not be attached to a faucet unless a
backflow prevention device is installed.
Grease Traps.
Grease traps shall be located to be easily accessible for cleaning. Grease traps shall be of
an approved type, size, and in an approved location.
Garbage Grinders.
Drains.
If used, garbage grinders shall be installed and maintained according to all applicable laws.
Except for properly trapped open sinks, there shall be no direct connection between the
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sewerage system and any drains originating from equipment in which food, portable equipment, or
utensils are placed. When a dishwashing machine is located within five feet (5') of a trapped floor
drain, the dishwasher waste outlet may be connected directly on the inlet side of a properly vented
floor drain trap if permitted by law.
Sec. 7.18
TOILET FACILITIES;
Toilet Installation.
There shall be at least the minimum number of toilet facilities as required by applicable
laws, and such toilet facilities shall be installed according to all applicable laws, shall be
conveniently located, and shall be accessible to employees at all times.
Toilet Design.
Toilets and urinals shall be designed to be easily cleanable.
Toilet Rooms.
Toilet rooms shall be completely enclosed and shall have tight -fitting, self -closing, solid
doors, which shall be closed except during cleaning or maintenance. Toilet facilities, including
vestibules, shall be kept clean and in good repair and free of objectionable odors. Toilet rooms shall
not open directly into any room in which food, drinks, or utensils are handled or stored.
Handwashing signs shall be posted in each toilet room used by employees.
Toilet Fixtures.
Toilet fixtures shall be kept clean and in good repair. A supply of toilet tissue shall be
provided at each toilet at all times. Easily cleanable receptacles shall be provided for waste
materials. Toilet rooms used by women shall have at least one covered waste receptacle.
Sec. 7.19
LAVATORY FACILITIES; General.
Lavatory Installation.
There shall be at least the minimum number of lavatories as required by applicable laws and
such lavatories shall be installed according to all applicable laws and located to permit convenient
use by all employees in food preparation areas and utensil -washing areas. Lavatories shall be
accessible to employees at all times. Lavatories shall also be located in or immediately adjacent to
toilet rooms or vestibules. Sinks used for food preparation or washing equipment or utensils shall
not be used for handwashing.
Lavatory Faucets.
Each lavatory shall be provided with hot and cold water tempered by means of a mixing
valve or combination faucet. Any slow -closing or metering faucet used shall be designed to provide
a flow of water for at least fifteen (15) seconds without the need to reactivate the faucet. Steam
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mixing valves are prohibite,..
Lavatory Supplies.
A supply of hand -cleansing soap or detergent shall be available at each lavatory. A Supply
of sanitary towels, or a hand -drying device providing heated air shall be conveniently located near
each lavatory. Common towels are prohibited. If disposable towels are used, easily cleanable waste
receptacles shall be conveniently located near the handwashing facilities.
Lavatory Maintenance.
Lavatories, soap dispensers, hand -drying devices and all related fixtures shall be kept clean
and in good repair.
Sec. 7.20
GARBAGE AND REFUSE:
Containers.
(1) Garbage and refuse shall be kept in durable, easily cleanable, insect -proof and rodent -
proof containers that do not leak and do not absorb liquids. Plastic bags and wet -strength paper bags
may be used to line these containers, and they may be used for storage inside the food establishment.
(2) Containers used in food preparation and utensil -washing areas shall be kept covered after
they are filled.
(3) Containers stored outside the establishment, and dumpsters, compactors and compactor
systems shall be easily cleanable, shall be provided with tight -fitting lids, doors or covers, and shall
be kept covered when not in actual use. In containers designed with drains, drain plugs shall be in
place at all times, except during cleaning.
(4) There shall be a sufficient number of containers to hold all the garbage and refuse that
accumulates.
(5) Soiled containers shall be cleaned at a frequency to prevent insect and rodent attraction.
Each container shall be thoroughly cleaned on the inside and outside in a way that does not
contaminate food, equipment, utensils, or food -preparation areas. Suitable facilities including hot
water and detergent, or steam shall be provided and used for washing containers. Liquid waste from
compacting or cleaning operations shall be disposed of as sewage. In operations where dumpsters
or compactors are used, cleaning, and the facilities accompanying such cleaning may be provided
by the contractor, on or off the premises. However, it is the responsibility of the owner, operator,
manager, or other person in charge to see that the contractor fulfills the requirements of this section.
Storage.
(1) Garbage and refuse on the premises shall be stored in a manner to make it inaccessible
to insects and rodents. Outside storage of unprotected plastic bags or wet -strength paper bags or
baled units containing garbage or refuse is prohibited. Cardboard or other packaging material not
containing garbage or food wastes need not be stored in covered containers.
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(2) Garbage or refuse storage rooms, if used, shall be constructed of easily cleanable,
nonabsorbent, washable materials, shall be kept clean, shall be insect -proof and rodent -proof, and
shall be large enough to store the garbage and refuse containers that accumulate.
(3) Outside storage areas or enclosures shall be large enough to store the garbage and refuse
containers that accumulate and shall be kept clean. Garbage and refuse containers, dumpsters, and
compactor systems located outside shall be stored on or above a smooth surface of nonabsorbent
material, such as concrete or machine -laid asphalt, that is kept clean and maintained in good repair.
Disposal.
(1) Garbage and refuse shall be disposed of often enough to prevent the development of odor
and the attraction of insects and rodents.
(2) Where garbage or refuse is burned on the premises, it shall be done by controlled
incineration that prevents the escape of particulate matter in accordance with all applicable laws.
Areas around incineration facilities shall be kept clean and orderly.
Sec. 7.21
INSECT AND RODENT CONTROL; General.
Effective measures intended to minimize the presence of rodents, flies, cockroaches, and
other insects on the premises shall be utilized. The premises shall be kept in such condition as to
prevent the harborage or feeding of insects or rodents.
Openings.
Openings to the outside shall be effectively protected against the entrance of rodents.
Outside openings shall be protected against the entrance of insects by tight fitting, self -closing
doors, closed windows, screening, controlled air currents, or other means. Screen doors shall be self
closing, and screens for windows, doors, skylights, transoms, intake and exhaust air ducts and other
openings to the outside shall be tight fitting and free of breaks. Screening material shall not be less
than sixteen mesh to the inch.
Sec. 7.22
FLOORS
Floor Construction.
The floors and floor coverings of all food -preparation, food -storage, and utensil -washing
areas, and the floors of walk-in refrigerating units, dressing rooms, locker rooms, toilet rooms and
vestibules shall be constructed of smooth, durable materials such as sealed concrete, terrazzo,
ceramic tile, durable grades of linoleum or plastic, or tight wood impregnated with plastic, and shall
be maintained in good repair. Nothing in this rule shall prohibit the use of anti -slip floor covering
in areas where necessary for safety reasons. All floors and floor coverings shall be nonabsorbent,
easily cleanable and kept clean.
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Floor Carpeting.
Carpeting, if used, shall be of closely woven construction, properly installed, easily
cleanable, and maintained in good repair. Carpeting is prohibited in food -preparation, in equipment
and utensil -washing areas where it would be exposed to large amounts of grease and water, in food
storage areas, and toilet room areas where urinals or toilet fixtures are located. Floor carpeting shall
be kept clean.
Prohibited Floor Covering.
The use of sawdust, wood shavings, peanut hulls, or similar material on the floors is
prohibited.
Floor Drains.
Properly installed trap floor drains shall be provided in floors that are water -flushed for
cleaning or that receive discharges of water or other fluid waste from equipment, or in areas where
pressure spray methods of cleaning equipment are used. Such floors shall be constructed only of
sealed concrete, terrazzo, ceramic tile or similar materials, and shall be graded to drain.
Mats and Duckboards.
Mats and duckboards shall be of nonabsorbent, grease resistant materials and of such size,
design, and construction as to facilitate their being easily cleaned. Duckboards shall not be used as
storage racks.
Floor Junctures.
In all new or extensively remodeled establishments utilizing concrete, terrazzo, ceramic tile
or similar flooring materials, and where water flush cleaning methods are used, the junctures
between walls and floors shall be covered and sealed. In all other cases, the juncture between walls
and floors shall not present an open seam of more than 1/32 inch.
Utility Line Installation.
Exposed utility service lines and pipes shall be installed in a way that does not obstruct or
prevent cleaning of the floor. In all new or extensively remodeled establishments, installation of
exposed horizontal utility lines and pipes on the floor is prohibited. Utility service lines and pipes
shall not be unnecessarily exposed on floors in those areas listed in Section 7.23., subsection
"Construction".
Sec. 7.23
WALL AND CEILINGS; General.
Maintenance.
Walls and ceilings, including doors, windows, skylights, and similar closures, shall be
maintained in good repair. These areas shall be kept clean.
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Construction.
The walls, including nonsupporting partitions, wall coverings, and ceilings of walk-in
refrigerating units, food preparation areas, food storage areas, equipment -washing and utensil -
washing areas, toilet rooms and vestibules shall be light-colored, smooth, nonabsorbent, and easily
cleanable. Concrete or pumice blocks used for interior wall construction in these locations shall be
finished and sealed to provide an easily cleanable surface.
Exposed Construction.
Studs, joists, and rafters shall not be exposed in those areas listed in Section 7.23.,
subsection "Construction". If exposed in other rooms, they shall be finished to provide an easily
cleanable surface.
Utility Line Installation.
Exposed utility service lines and pipes shall be installed in a way that does not obstruct or
prevent cleaning of the walls and ceilings. Utility service lines and pipes shall not be unnecessarily
exposed on walls or ceilings in those areas listed in Section 7.23, "Construction".
Attachments.
Light fixtures, vent covers, wall -mounted fans, decorative materials, and similar equipment
attached to walls and ceilings shall be easily cleanable and shall be maintained in good repair.
Attachments shall be kept clean.
Covering Material Installation.
Wall and ceiling covering materials shall be attached and sealed so as to be easily cleanable.
Cleaning Physical Facilities; General.
Cleaning of floors and walls, except emergency cleaning of floors, shall be done during
periods when the least amount of food is exposed, such as after closing or between meals. Floors,
mats, duckboards, walls, ceilings, and attached equipment and decorative materials shall be kept
clean. Only dustless methods of cleaning floors and walls shall be used, such as vacuum cleaning,
wet cleaning, or the use of dust -arresting sweeping compounds with brooms.
Utility Facilities.
In new or extensively remodeled establishments at least one utility sink or curbed cleaning
facility with a floor drain shall be provided and used for the cleaning of mops or similar wet floor
cleaning tools and for the disposal of mop water or similar liquid wastes. The use of lavatories,
utensil -washing or equipment washing, or food preparation sinks for this purpose is prohibited.
Sec. 7.24
LIGHTING; General.
At least 50 foot-candles of light shall be provided to all working surfaces and at least 30
32
foot-candles of light shall be provided to all other surfaces and equipment in food -preparation,
utensil -washing, and hand -washing areas, and in toilet rooms. At least 20 foot-candles of light at
a distance of 30 inches from the floor shall be provided in all other areas, except that this
requirement applies to dining areas only during cleaning operations.
Protective Shielding.
(1) Shielding to protect against broken glass falling onto food shall be provided for all
artificial lighting fixtures located over, by, or within food storage, preparation, service, and display
facilities, and facilities where utensils and equipment are cleaned and stored.
(2) Infra -red or other heat lamps shall be protected against breakage by a shield surrounding
and extending beyond the bulb, leaving only the face of the bulb exposed.
Sec. 7.25
VENTILATION; General.
All rooms shall have sufficient ventilation to keep them free of excessive heat, steam,
condensation, vapors, obnoxious odors, smoke, and fumes. Ventilation systems shall be installed
and operated according to all applicable laws, and, when vented to the outside, shall not create an
unsightly, harmful or unlawful discharge.
Special Ventilation.
(1) Intake and exhaust air ducts, shall be maintained to prevent the entrance of dust, dirt, and
other contaminating materials.
(2) In new or extensively remodeled establishments, all rooms from which obnoxious odors,
vapors or fumes originate shall be mechanically vented to the outside.
(3) When such ventilation may result in the deposition of particulate matter or liquids within
the ventilation system, ventilation hoods and ventilation equipment shall be equipped with effective,
easily removable, easily cleanable filters located adjacent to the intake openings or the intake and
exhaust openings of the ventilation system. Such filters shall be cleaned at sufficient frequencies
to prevent accumulations.
Sec. 7.26
DRESSING ROOMS AND LOCKER AREAS;
Dressing Rooms and Areas.
If employees routinely change clothes within the establishment, rooms or areas shall be
designated and used for that purpose. These designated rooms or areas shall not be used for food
preparation, storage or service, or for utensil washing or storage.
Locker Areas.
Enough lockers or other suitable facilities shall be provided and used for the orderly storage
of employees' clothing and other belongings. Lockers or other suitable facilities may be located
33
only in the designated dressing rooms or in food storage rooms or areas containing only completely
packaged food or packaged single -service articles.
Cleanliness.
Dressing rooms or areas, and lockers, shall be kept in a clean condition.
Sec. 7.27
POISONOUS OR TOXIC MATERIALS;
Materials Permitted.
(1) Only those poisonous or toxic materials necessary for the maintenance of the
establishment, the cleaning and sanitization of equipment and utensils, and the control of insects and
rodents shall be present in food service establishments.
(2) Only those pesticides which have been properly registered and approved by appropriate
governmental authorities for the purpose of maintaining food service establishments in a sanitary
condition shall be used.
Labeling of Materials.
Containers of poisonous or toxic materials shall be prominently and distinctly labeled
according to law for easy identification of contents. Each container shall be labeled with the
manufacturer's instructions for use.
Storage of Materials.
Poisonous or toxic materials consist of the following three (3) categories:
(1) Insecticides and rodenticides;
(2) Detergents, sanitizers, and related cleaning or drying agents;
(3) Caustics, acids, polishes, and other chemicals.
Each of these categories shall be stored and located to be physically separated from each
other. All poisonous or toxic materials shall be stored in cabinets or in similar physically separated
compartments or facilities used for no other purpose. To preclude potential contamination,
poisonous or toxic materials shall not be stored above food, food equipment, utensils or single -
service articles, except that this requirement does not prohibit the convenient availability of
detergent or sanitizers at utensil or dishwashing stations.
Use of Materials.
(1) Bactericides, cleaning compounds, or other compounds intended for use on food -contact
surfaces shall not be used in a way that leaves a toxic residue on such surfaces, nor in a way that
constitutes a hazard to employees or customers.
(2) Poisonous or toxic materials shall not be used in a way that contaminates food,
equipment, or utensils, nor in a way that constitutes a ha?ard to employees or other persons nor in
34
a way other than in full compliance with the manufacturer labeling.
(3) If rodenticides are used in areas where food is handled, prepared or packaged, only
approved bait boxes should be used.
(4) Poisonous compounds, such as insecticides and rodenticides, in powder form, shall have
a distinctive color so as not to be mistaken for food.
Personal Medications.
Personal medications shall not be stored in food storage, preparation, or service areas.
First Aid Supplies.
First -aid supplies shall be stored in a way that prevents them from contaminating food and
food -contact surfaces.
Sec. 7.28
PREMISES:
The term 'premises" shall mean and include the food establishment and all parts of the
property used in connection with the operation of the food establishment.
General;
(1) Food establishments and all parts of the property used in connection with operations of
the establishments shall be kept free of litter.
(2) The walking and driving surfaces of all exterior areas of food service establishments
shall be surfaced with concrete or asphalt or with gravel or similar material effectively treated to
facilitate maintenance and to minimize dust. These surfaces shall be graded to prevent pooling and
kept free of litter.
(3) Only articles necessary for the operation and maintenance of the food service
establishment shall be stored on the premises.
(4) Equipment and utensils not in current use shall be stored in a clean and sanitary
condition or removed from the premises.
(5) The traffic of unnecessary persons through the food -preparation and utensil washing
areas is prohibited
Living Areas.
No operation of a food service establishment shall be conducted in any room used as living
or sleeping quarters. Food service operations shall be separated from any living or sleeping quarters
by complete partitioning and solid, self -closing doors.
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Laundry Facilities.
(1) Laundry facilities in a food establishment shall be restricted to the washing and drying
of linens, cloths, uniforms and aprons necessary to the operation. If such items are laundered on the
premises, an electric, gas, or steam dryer shall be provided and used.
(2) Separate rooms shall be provided for laundry facilities except that such operations may
be conducted in storage rooms containing only packaged foods or packaged single -service articles.
Linens and Clothes Storage.
(1) Clean clothes and linens shall be stored in a clean place and protected from
contamination until used.
(2) Soiled clothes and linens shall be stored in non -absorbent containers or washable laundry
bags until removed for laundering.
Cleaning Equipment Storage.
Maintenance and cleaning tools such as brooms, mops, vacuum cleaners and similar
equipment shall be maintained and stored in a way that does not contaminate food, utensils,
equipment, or linens and shall be stored in an orderly manner to facilitate the cleaning of that storage
location.
Animals.
Live animals, including birds and turtles, shall be excluded from within the food service
operational premises and from immediately adjacent areas under the control of the food
establishment. This exclusion does not apply to edible fish, crustacea, shellfish, or to fish in
aquariums. Patrol dogs accompanying security or police officers, or guide dogs accompanying blind
persons shall be permitted in dining areas.
Sec. 8.
MOBILE FOOD SERVICE; General.
Mobile food units shall comply with all applicable laws, and in addition, mobile food units
shall comply with the requirements of this ordinance, except as otherwise provided in this section.
The Health Officer may impose additional requirements to protect against health hazards related to
the conduct of the food service establishment as a mobile operation and may prohibit the sale of
some or all potentially hazardous foods.
Sec. 8.1
RESTRICTED OPERATIONS.
A mobile food unit that serves no food other than (1) food that was prepared and packaged
in individual servings at an approved commissary, transported and stored under conditions meeting
the requirements of this Ordinance; (2) beverages that are not potentially hazardous and are
dispensed from covered urns or other protected equipment, and (3) potentially hazardous beverages
such as individual servings of milk, milk products and coffee creams which have been packaged at
36
a pasteurizing plant, need not comply with requirements of this Ordinance pertaining to the necessity
of potable water and sewage systems, the cleaning and sanitization of equipment and utensils if the
required equipment for cleaning and sanitization exists at its commissary, or the requirement that
the servicing area be located in an enclosed building.
Sec. 8.2
IDENTIFICATION OF MOBILE FOOD UNITS.
Every mobile food unit must be readily identifiable by business name, printed, permanently
affixed and prominently displayed upon a least two sides of such units, in letters not less than three
inches (3") in height.
Sec. 8.3
COMMISSARY; General.
Mobile food units shall operate from a commissary or other fixed food service establishment
that is constructed and operated in compliance with the requirements of this Ordinance.
Sec. 8.4
SERVICING AREA AND OPERATIONS.
(1) Servicing Area.
An enclosed service building separated from commissary operations shall be provided for
supplying and maintaining mobile food units. The servicing area shall be at an approved location,
and constructed and operated in compliance with the requirements of this Ordinance.
(2) Servicing Operations.
(a) Potable water -servicing equipment shall be stored and handled in a way that
protects the water and equipment from contamination.
(b) The mobile food unit liquid waste retention tank, where used, shall be thoroughly
flushed and drained during the servicing operation. All liquid waste shall be discharged to a sanitary
sewage disposal system in accordance with Section 7.16 of this Ordinance. The flushing and
draining area for liquid wastes shall be separate from the area used for loading and unloading of
food and related supplies.
(c) Vehicle cleaning and in -place cleaning of non-food contact surfaces of equipment
not requiring sanitization shall be done with potable water and shall be done in a manner which will
not contaminate the vehicle's food storage or food preparation areas or equipment. If hoses are used
in the cleaning process, they shall be kept off the floor or pavement, on racks or other approved
suitable means, and such system shall meet the requirements of Section 7.17., "Plumbing." All such
cleaning areas shall be paved with a smooth surface of nonabsorbent material such as concrete or
machine -laid asphalt, which is sloped to drain toward an approved catch basin or floor drain where
the liquid waste can be disposed of in accord with the requirements of Section 7.16, "Sewage."
Sec. 8.5
ITEMS OF SANITATION.
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In addition to complying with the requirements of this section, all mobile food service units
shall comply with the following items of sanitation.
(1) Single -Service Articles.
Mobile food units shall provide only single -service articles for use by the consumer.
(2) Water Systems.
A mobile food unit requiring a water system shall have a potable water system under
pressure. All water used in connection with the mobile food unit shall be from sources approved by
the Health Officer. The system shall be of sufficient capacity to furnish enough hot and cold water
for food preparation, utensil cleaning and saniti7ation, and hand washing, in accordance with the
requirements of this Ordinance. The water inlet shall be located in such a position that it will not be
contaminated by waste discharge, road dust, oil, or grease, and it shall be provided with a transition
connection of a size or type that will prevent its use for any other service. All water distribution
pipes or tubing shall be constructed and installed according to the requirements of this Ordinance.
(3) Waste Retention.
If liquid waste results from operation of a mobile food unit, it shall be stored in permanently
installed retention tanks that are at least 50 per cent larger than the water supply tank. Liquid waste
shall not be discharged from the retention tank when the mobile food unit is in motion. All
connections on the vehicle for servicing mobile food unit waste disposal facilities shall be of a
different size or type then those used for supplying potable water to the food unit. The waste
connection shall be located below the water connection to preclude contamination of the potable
water system.
(4) Garbage and Refuse.
A mobile food unit shall have adequate and approved garbage and refuse storage facilities.
Disposal shall be in accordance with Section 7.20 of this Ordinance.
(5) Report of Accidents.
Any accident involving a mobile food unit shall be reported within 24 hours of the time the
accident occurred if such accident results in damage to the water system, waste retention tank, food
service equipment, or any facility which may result in the contamination of the food being carried
or any damage which results in a violation of this Section. Such reports shall be made by the holder
of the mobile food unit permit.
Sec. 9
TEMPORARY FOOD SERVICE; General.
A temporary food service establishment shall comply with the requirements of this
Ordinance, except as otherwise provided in this section. The Health Officer may impose additional
requirements to protect against health hazards related to the conduct of the temporary food service
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 this Ordinance, except those requirements
38
of this section.
Sec. 9.1
RESTRICTED OPERATIONS.
(1) This section is applicable whenever a temporary food service establishment is permitted,
under the "General" requirements in this section, to operate without complying with all the
requirements of this Ordinance.
(2) Only those potentially hazardous foods requiring limited preparation, such as
hamburgers and frankfurters, which require seasoning and cooking, shall be prepared or served. The
preparation or service of other potentially hazardous foods, including pastries filled with cream or
synthetic cream, custards, and similar products, and salads or sandwiches containing meat, poultry,
eggs, or fish is prohibited. This prohibition does not apply, however, to any potentially hazardous
food that has been prepared and packaged under conditions meeting the requirements of this
Ordinance, is obtained in individual servings, is stored at a temperature of 45° F. or below or at a
temperature of 140° F. or above in facilities that meet the requirements of this Ordinance, and is
served directly in the unopened container in which it was packaged.
Sec. 9.2
ITEMS OF SANITATION.
All temporary food service establishments shall comply with the following items of
sanitation.
(1) Ice.
Ice that is consumed or that contacts food shall have been made under conditions meeting
the requirements of this Ordinance. The ice shall be obtained only in chipped, crushed, or cubed
form and in single -use foodgrade plastic or wet -strength paper bags filled and sealed at the point of
manufacture. The ice shall be held in these bags until used, and when used it shall be dispensed in
a way that protects it from contamination.
(2) Equipment.
(a) Equipment shall be located and installed in a way that facilitates cleaning the
establishment and that prevents food contamination.
(b) Food -contact surfaces of equipment shall be protected from contamination by
consumers and other contaminating agents. Where helpful to prevent contamination, effective
shields for such equipment shall be provided.
(3) Single -Service Articles.
All temporary food service establishments which do not have effective facilities for cleaning
and sanitizing tableware shall provide only single -service articles for use by the consumer.
(4) Water.
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Enough potable water shall be available in the establishment for cleaning and sanitizing
utensils and equipment and for handwashing. A heating facility capable of producing enough hot
water for these purposes shall be provided.
(5) Wet Storage.
The storage of packaged food in contact with water or undrained ice is prohibited.
(6) Waste.
Liquid and solid waste shall be dispensed of in accordance with all applicable laws.
(7) Handwashing.
An approved facility shall be provided for employee handwashing. This facility shall consist
of at least warm clean running water, soap, and individual paper towels.
(8) Floors.
Floors shall be made of concrete, tight wood, asphalt, or other similar cleanable material
(9) Walls and Ceilings of Food Preparation Areas.
(a) Walls and ceilings of food preparation areas shall be constructed in a way that
prevents the entrance of insects. Ceilings shall be made of wood, canvas, or other material that
protects the interior of the establishment from the weather. Screening material used for walls shall
be at least 16 mesh to the inch.
(b) Counter -service openings shall not be larger than is necessary for the particular
operation conducted. These openings shall be provided with tight -fitting solid or screened doors or
windows that shall be provided with fans installed to restrict the entrance of flying insects. Doors
and windows, if any shall be kept closed, except when food is being served.
Sec. 10.
DISEASE TRANSMISSION; General.
When the Health Officer has reasonable cause to suspect possibility of disease transmission
from any food establishment employee, he may secure a morbidity history of the suspected
employee or make any other investigation as may be indicated and shall take appropriate action.
The Health Officer may require any or all of the following measures as he finds necessary to protect
the public's health.
(1) The immediate exclusion of the employee from all food establishments;
(2) The immediate closing of the food establishment concerned until, in the opinion of the
Health Officer, no further danger of disease outbreak exists.
(3) Restriction of the employee's services to some area of the establishment where there
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would be no danger of transmitting disease;
(4) Adequate medical and laboratory examinations of the employee, of other employees, and
of his/her and their body discharges.
Sec. 11.
PLANS.
(1) Submission of Plans. Whenever a food establishment is constructed or remodeled and
whenever an existing structure is converted to use as a food establishment, two sets of properly
prepared plans and specifications for each construction, remodeling, or alteration shall be submitted
to the Building Official for approval before construction, remodeling, or alteration is begun. The
plans and specifications shall indicate the proposed layout, arrangement, and construction materials
of work areas, and the type of proposed fixed equipment and facilities. The Health Officer shall
approve the plans and specifications if they meet the requirements of this Ordinance. No food
establishment shall be constructed, remodeled, or altered except in accordance with plans and
specifications approved by the Health Officer. If any changes are to be made concerning proposed
layout, arrangement, and construction materials of work areas, and the type of proposed fixed
equipment and facilities after the first set of approved plans and specifications have been delivered
to the owner or contractor, such changes shall be shown on revised plans and specifications, and
shall be reviewed and approved by the Health Officer before such changes are made, and shall
appear on both original sets of plans and specifications.
(2) Disposition of Approved Plans and Specifications. One set of the approved plans and
specifications will be given to the owner or contractor responsible for the construction of the
establishment. The second set of approved plans and specifications will ieinain on file with the City
of Pearland.
(3) Pre -Operational Inspection. Whenever plans and specifications are required by Section
12 paragraph (1) of this Ordinance to be submitted to the Building Official, the Health Officer or
his/her authorized representative shall inspect the food establishment prior to its beginning operation
to determine compliance with the approved plans and specifications and with the requirements of
this Ordinance.
(4) The requirements of this section shall be in addition to all applicable requirements of the
Building Code of the City of Pearland
Sec. 12.
NONCONFORMING USE.
A food establishment that is not currently licensed at the time of enactment of this
Ordinance, which must now be licensed, will be accepted as existing nonconforming. If ownership
of the building changes or tenant/occupant changes the owner shall undertake alterations or
remodeling of the facility in order to comply with the minimum requirements of this Ordinance.
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ARTICLE III
PERMITS
Sec. 13.
PERMITS REQUIRED.
No person shall operate a food processing establishment, food service establishment,
temporary food establishment, mobile food unit, produce stand, club / tavern, who does not
possess a valid permit issued to him by the Health Officer. Such permit shall be known as a "food
dealer's permit." Only a person who complies with the requirements of this Ordinance shall be
entitled to receive or retain such a permit. Permits are not transferable from one person or place to
another person or place. A valid permit shall be posted in view of the public in every food service
establishment and every temporary food service establishment. Permits for temporary food service
establishments shall be issued for a period of time not to exceed ten (10) consecutive days. All "food
dealer's permits" shall remain the property of the City of Pearland.
(1) Any person desiring to obtain a food dealer's permit shall make written application for
such permit on forms provided by the Health Officer. Such application shall include the applicant's
full name and post office address and whether such applicant is an individual, firm, or corporation,
and, if a partnership, the names of the partners, together with their addresses; the location and type
of proposed food processing or food service establishment; and the signature of the applicant or
applicants. If the application is for a temporary food service establishment, no permit shall be
granted unless the application also sets out the inclusive dates of the proposed operations, and the
name, address and telephone number of the owner or owners of the property where the temporary
food service establishment is to be located, and attached to such application is a statement signed
by the owner(s) of the property or his/her authorized agent, stating that arrangements have been
made for the proper disposal of all rubbish, trash and garbage and for maintaining the property free
from litter and nuisances during the total period of operation up to and including any clean up time
required to remove all rubbish, trash, garbage and litter resulting from the food service. A
description of such arrangements and the attendant facilities must be included.
(2) Prior to approval of an application for a permit, the Health Officer shall inspect the
proposed establishment to determine compliance with the provisions of this Ordinance.
(3) The Health Officer shall issue a permit to the applicant if inspection reveals that the
proposed food establishment complies with the requirements of this Ordinance.
Sec. 14
MOBILE FOOD SERVICE UNITS.
Issuance of a Medallion
(1) Any person desiring to operate one or more mobile food service units shall have a
valid food dealer's permit and shall obtain an individual medallion for each operating mobile
food service unit from the Health Officer. Each medallion will be issued unit -by -unit only after
an inspection reveals satisfactory compliance with the provisions of Section 9. of this Ordinance.
Such medallion shall remain the property of the City of Pearland.
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(2) No person shall operate or cause to be operated any mobile food service unit which does
not possess a valid medallion issued by the Health Officer.
(3) Such medallion shall be affixed by the Health Officer or his/her authorized agents on the
mobile food service unit in a conspicuous place where it can be viewed by patrons. A medallion
shall set forth the business name, the manufacturer's serial number for that unit, the state registration
number, and the name and address of the person who applied for said medallion.
(4) Application for a medallion shall be made on forms provided by the Health Officer. Such
application shall include the applicant's full name and post office address; the address of where the
mobile food service unit is stationed when not in use; the business name and address of the
commissary or other fixed food service establishment where potentially hazardous food supplies are
obtained; the address of the servicing area; a description of the mobile food unit which includes the
manufacturer's make, model, and serial number, the vehicle's State registration number; and the
signature of the applicant or applicants.
(5) All provisions of this Ordinance pertaining to food service establishments shall apply
to the commissary or other fixed food service establishment where the food supplies are obtained.
Any suspension or revocation of the food dealer's permit for said establishment will be cause for
suspension or revocation of the medallion of any mobile food service unit whose food supplies are
being obtained from said establishment.
Sec. 15.
FEES.
At the time of issuance of an original food dealer's permit and each renewal thereof,
the person requesting the permit shall pay to the Health Officer a permit fee at the date of
issuance. Except as otherwise provided, permit fees shall be determined by the total number of
persons employed full time or part time by the food processing or food service establishment.
Fees shall be determined according to the following schedule except that food service
establishments which operate exclusively as part of a hospital, nursing home, day care, home or
center for the aged, or any other medical care facility that is licensed by the State of Texas, or as a
public, private or parochial school shall be charged a fee of $25.00.
(1) Food Dealer Permits for Establishments having:
1- 5 employees $75.00
6 -10 employees $100.00
11- 15 employees $125.00
16 - 20 employees $150.00
21 or more employees $200.00
Fees for produce vendors, clubs, taverns, and temporary food dealer permits shall be
determined by the following schedule. Furthermore, any establishment scoring 75 or below on a
routine inspection will automatically receive a follow-up inspection within ten (10) days. A re -
inspection fee of $25.00 must be paid prior to inspection. Failure to pay. re -inspection fee will result
in immediate cessation of all food service operations.
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Produce vendor $75.00
Club / tavern $75.00
Temporary (1 -10 days) $15.00
Reinspection fee $25.00
(2) Mobile Food Service Unit Medallion.
At the time of issuance of an original medallion to operate a mobile food service unit and
each renewal thereof, the person requesting said medallion shall pay to the Health Officer a fee as
determined by the following schedule.
Mobile food service unit
medallion (annual) $150.00
Each additional mobile food
service unit medallion (annual) $50.00
Medallions are not transferrable from one person to another or from one mobile food unit
service unit to another mobile food service unit.
(3) An individual who has lost a valid, current food dealer's permit or mobile food service
unit medallion may obtain a replacement from the Health Officer for a fee of ten dollars ($10.00).
Sec. 16.
PERMIT VALID FOR ONE YEAR,
(1) Food Dealer's Permit. All food dealer's permit and food service medallions shall be
issued annually before the first day of January of the preceding year, or thereafter at such time as
a new establishment begins operation. Permits are valid for the calendar year issued and expire on
December 31 st. of the year issued. Establishments obtaining food dealer permits on or after January
1, will be charged one and one-half times the original permit fee. New establishments beginning
operation after July 1, of a year, will be charged one-half the original permit fee.
Sec. 17.
SUSPENSION OF PERMIT.
(1) The City Health Authority or City Health Officer may suspend any food dealer's
permit, or medallion to operate a mobile food service unit with such notice as is reasonable
under the circumstances, if the permit or medallion holder does not comply with the
requirements of this article, or if the operation of the food processing or food service
establishment, or mobile food unit otherwise constitutes a substantial hazard to public health.
Suspension is effective upon service of the notice required by Section 17 paragraph (2) of this
Ordinance. Where a permit or medallion is suspended, food processing and/or food service
operations shall immediately cease.
(2) Whenever a permit or medallion is suspended, written notice shall be given to the permit
or medallion holder or the person in charge of any employee or agent of the food establishment or
mobile food unit. Such notice shall set forth:
(a) The specific conditions in the food establishment or mobile unit which are in
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violation of this Ordinance, or,
(b) The specific conditions which constitute a substantial hazard to public health, and
(c) That a hearing will be held before the City Health Authority or his/her designated
representative.
(d) The date, time and place of such hearing,
(e) That the permit or medailion holder may appear in person and/or be represented
by counsel and he may present testimony and may cross-examine all witnesses.
Such hearing shall be held not later than ten (10) days after the date the permit or medallion
is suspended.
(3) Whenever a permit is suspended, it shall be physically removed from the premises by the
Health Officer and retained at the office of the City Health Officer until the suspension has been
terminated.
(4) Whenever a medallion is suspended, it shall be physically removed from the mobile food
service unit in violation by the Health Officer.
(5) All hearings shall be held by the City Health Authority or his/her designated
representative. Such official shall be referred to as the Hearing Officer. However, the City Health
Authority shall not designate any person or persons to perform the duties of Hearing Officer under
this section who has participated in the inspection or inspection of such food establishment, or
mobile unit, or has prior knowledge of the allegations or circumstances discovered in such
inspection or inspections except such person designated as Hearing Officer may, prior to the hearing,
receive a copy of the notice given to the permit or medallion holder or the person in charge.
All hearings shall be conducted under rules consistent with the nature of the proceedings;
provided, however, the following rules shall apply to such hearings:
(a) All parties shall have the right to representation by a licensed attorney though an
attorney is not required.
(b) Each party may present witnesses in his/her own behalf.
(c) Each party has the right to cross examine all witnesses.
(d) Only evidence presented before the Hearing Officer at such hearing may be
considered in rendering the order.
If the permit or medallion holder fails to appear at the hearing at the time, place and date
specified, the City shall present sufficient evidence to establish a prima facie case showing violation
of this Ordinance or conditions constituting a hazard to public health which formed the basis of the
suspension of the permit or medallion.
(6) If the Hearing Officer finds that the food service establishment, food processing
establishment or mobile unit was, in fact, in violation of this Ordinance or that it constituted a hazard
to public health, the Hearing Officer shall make written findings of fact and shall order the permit
or medallion suspended until all violations of this Ordinance are corrected and any conditions
constituting a hazard to public health are eliminated. A copy of the Findings and Order of the
Hearing Officer shall be sent by certified mail, return receipt requested to the permit or medailion
holder.
If the Hearing Officer finds that the public interest will be adequately protected by a warning
or other penalties authorized under this Ordinance, he may reinstate the permit or medailion.
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(7) Whenever the reasons for a suspension no longer exist, the permit or medallion holder
or person in charge shall notify the Health Officer that the conditions under which the permit or
medallion was suspended have been corrected and that an inspection is requested. Such inspection
shall be conducted as soon as possible and in no event no later than three (3) regular working days
after the receipt of the request for inspection.
(8) When a mobile food service unit medallion which has been suspended is reinstated, a
new medallion shall be affixed to the unit at no extra cost to the owner or operator. A reinstated
medallion shall include all of the same information as that which appeared on the medallion which
was suspended.
Sec. 18.
REVOCATION OF PERMIT.
(1) A food dealer's permit or medallion to operate a mobile food service unit may be
revoked if:
(a) The permit holder or his/her agents or employees interfere with an inspection of
the food establishment the Health Officer or his/her authorized agents, or
(b) There are repeated or serious violations of the applicable portions of this
Ordinance, or
(c) There are repeated or serious violations of Federal or State food laws or laws
regulating food establishments as defined in this Ordinance, or
(d) In the case of mobile food service units if the permit holder or his/her agent has
not reported an accident to the health Officer within 24 hours of the time the accident occurred if
such accident resulted in the damage of the water system, waste retention tank, food service
equipment, or any facility which may result in the contamination of the food being carried or any
damage which results in a violation of the provisions of Section 8. thru 8.4 of this Ordinance.
(2) Prior to revocation, written notice shall be given to the permit or medallion holder or
person in charge. Such notice shall set forth:
(a) The grounds upon which the City will seek revocation of the permit.
(b) The specific violations of this Ordinance or of Federal or State law upon which
the City will rely in seeking revocation of the permit.
(c) That a hearing will be held before the City Health Authority or his/her designated
agents.
(d) The date, time and place of such hearing.
(e) That the permit or medallion holder may appear in person and/or be represented
by counsel, may present testimony and may cross-examine all witnesses.
(3) Such hearing shall be held in accordance with Section 17. paragraph (5). If the permit or
medallion holder fails to appear at the hearing at the time, place and date specified, the City shall
present sufficient evidence to establish a prime facie case showing that an act or acts have been
committed which constitutes ground for revocation of a permit.
(4) After completion of the hearing, the Hearing Officer shall make written findings as to
whether or not grounds exist for revocation of the permit or medallion. If the Hearing Officer finds
that grounds do exist for revocation of the permit or medallion he shall revoke such. a copy of the
46
written findings shall be sent by certified mail, return receipt requested, to the permit or medallion
holder. If the address of the permit or medallion holder is unknown, or if such Findings are returned
undelivered, such Findings shall be served on the person in charge of the food establishment or
mobile food unit.
If the Hearing Officer revokes the permit or medallion, written notice of such revocation
shall be served on the permit or medallion holder or the person in charge with a copy of the findings.
Upon service of a written notice that the permit or medallion has been revoked as provided
herein, all food operations shall cease immediately.
(5) Whenever a permit or medallion is revoked, it shall be physically removed from the
premises or vehicle by the Health Officer.
(6) In the event a permit or medallion is revoked, the City shall not be liable to the permit
or medallion holder for any refund of any part of the permit fee. Reinstatement of a permit or
medallion which has been revoked shall require application and payment of a permit fee as if it were
an initial application.
Sec.19.
NOTIFICATION.
Any notice provided in this Ordinance may be served by personal delivery or by
certified mail, return receipt requested.
Sec. 20.
HEALTH OFFICER'S DUTIES.
The permits and inspections required under this Ordinance shall be issued and performed by
the Health Officer and his/her duly designated employees. The Health Officer shall have authority
to establish rules relating to this Ordinance as to administrative matters such as the places where
permit applications will be accepted, the hours of issuance and inspection and the forms of permits
and permit applications.
ARTICLE IV
FOOD WORKER REGISTRATION
Sec. 21.
FOOD WORKERS - EMPLOYERS NOT TO HIRE UNTIL CERTAIN REQUIREMENTS
MET.
It shall hereafter be unlawful for any person, firm, corporation, or association, managing or
conducting any food establishment where food or drink of any kind is manufactured, transferred,
prepared, stored, packed, served, sold or otherwise handled, to begin work or allow any food worker
to begin work until such food worker has fully complied with this Ordinance.
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Sec. 22.
EMPLOYEES TO OBTAIN FOOD WORKER'S REGISTRATION CARD.
It shall hereafter be unlawful for any food worker to work for any person, firm, corporation
or association as a food worker in the City of Pearland without having in his/her possession a food
worker's registration card issued by the City of Pearland which is valid at such time of employment.
Sec. 23.
ORIENTATION OF APPLICANT.
No food worker's registration card shall be issued by the City of Pearland to any person
required by law or this Ordinance to have or exhibit such certificate until the applicant shall have
met the following requirements:
(1) Complete a two (2) hour orientation in basic food health principles, for food
establishment employees, under the supervision of the Health ,Officer, City of Pearland. The
schedule, time, and location of orientation sites will be announced by the Health Officer, City of
Pearland. The primary emphasis of this orientation will be directed toward the food worker's
behavior when working in a public food establishment.
(2) Upon completion of the prescribed orientation and the necessary administrative
processing, each individual will be issued a food worker's identification card which will be displayed
by the employee at the place of employment.
(3) Managers, assistant managers, shift supervisors and other food service personnel who
have completed an approved manager's certification will not be required to comply with the
provisions of Article IV.
Sec. 24.
ISSUANCE OF REGISTRATION CARDS.
All food worker registration cards will be valid for one (1) or two (2) years at which time
the food workers will complete a refresher orientation of two (2) hours in food service sanitation.
Cards will then be renewed for a period of one (1) or two (2) years. Cards will be renewable
thereafter at one (1) or two (2) year intervals, provided, the applicant is free of communicable
diseases and complies with other provisions of Section 23. and Section 27.
Sec. 25.
TERM OF REGISTRATION CARDS.
A food worker's registration card issued under this Ordinance shall be valid for one (1) or
two (2) years from the time of complying with Section 23.
Sec. 26.
RENEWAL OF REGISTRATION CARDS.
Each food worker registration card issued under this Ordinance must be renewed by each
such applicant every year or every two (2) years by the same procedures as provided in Section 23.
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Sec. 27.
EMPLOYEES SUSPECTED OF BEING DISEASED.
(1) If the holder of a food dealer's permit or any of his/her employees suspects that any food
worker has contracted any disease in communicable form or has become a carrier of such disease,
he/she shall notify the Health Officer immediately.
(2) When the Health Officer has reason to believe that there exists a possibility of
transmission of infection from a food establishment worker, he is authorized to require any or all
of the following protective measures:
(a) The immediate exclusion of the employee from all food establishments.
(b) The immediate closing of the food establishment concerned until no further
danger of disease outbreak exists.
(c) Adequate medical examinations of the employee and his/her associates, with such
laboratory examinations as may be indicated.
Sec. 28.
FEES.
Fees for food worker's registration cards and each renewal thereof are as follows:
(1) Food worker's registration card. The fee for certification will be ten dollars ($10.00) for
a one year card, or fifteen dollars ($15.00) for a two year card. All fees shall be paid to the City of
Pearland, for use in meeting reasonable and necessary expenses incurred administering the
registration program.
(2) Fees are refundable only if the applicant's application is denied by the Health Officer. In
n other instance shall fees be refundable.
(3) Replacement of a lost, valid ford worker certification card can be obtained from the
Health Officer. A replacement fee of three dollars ($3.00) must be paid to the City of Pearland.
Sec. 29.
FRAUDULENT STATEMENT.
It shall be unlawful for any person to knowingly make any false, fraudulent, or untruthful
statement on any application for food worker's registration, or in any way knowingly conceal any
material fact or give or use any fictious name in order to secure or aid in securing a food worker's
registration card required by this Ordinance. Any such food worker's registration card so secured
shall be void.
Sec. 30.
FRAUDULENT USE.
It shall be unlawful for any person to fraudulently make use of, in any manner for his/her
own or another's benefit or advantage, a food worker's registration card which has not been duly
issued him/her in accordance with the provisions of this Ordinance.
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ARTICLE V
FOOD SERVICE MANAGER'S CERTIFICATION
Sec. 31.
EMPLOYMENT OF CERTIFIED FOOD SERVICE MANAGER.
(1) It shall be unlawful for any person owning, operating, directing, or managing any
food establishment, catering operation, or any place or vehicle regulated by this Ordinance
where food or drink is manufactured, produced, processed, prepared, or otherwise
manipulated, to fail to employ or fail to keep in his/her employ a manager, assistant manager,
supervisor, or other person in charge of said establishment who has in his possession a valid
and current food service manager's certificate card issued to him/her from an approved
agency, institution, or other entity in accord with the provisions of this Article of the
Ordinance. provided, however, convenience stores shall not be required to have a food service
manager in charge of a store if such establishment is under the supervision of a food service
manager who supervises not more than eight (8) such stores.
(2) Persons applying for a permit to operate a temporary food service establishment shall be
exempt from the food service manager's certification requirements if such applicant can show
evidence of an adequate understanding of the Ordinance dealing with temporary food
establishments, and an adequate understanding of satisfactory operating practices and is not
simultaneously associated with another food service operation in the City of Pearland.
Sec. 32.
COURSE APPROVAL.
(1) The Health Officer shall have direct authority to approve or disapprove any agency,
institution, or entity to conduct a course of training for the purpose of food manager's certification.
It is the food manager's responsibility to attend a course that has been approved. An update list of
approved courses will be kept on file in the office of the Health Officer.
(2) To meet approval, the special course of training for food service manager's certification
shall be at least ten (10) hours in length.
Sec. 33.
PENALTIES.
(1) All provisions of this Ordinance shall be applicable to all food establishments unless
specifically limited to food processing establishments.
(2) No food service establishment or food processing establishment shall be operated within
the city unless it conforms with the provisions of this Ordinance.
(3) Any person who violates any provision of this Ordinance shall be guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine of not less than ten dollars
($10.00) nor more than two hundred dollars ($200.00). Provided, however, if such person is
convicted of an offense under this Ordinance which offense is also a violation of Article 4476-5,
Section 3, Vernon's Texas Civil Statutes, such person shall be subject to a fine of not less than
50
twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00); and for the second or
subsequent offense shall be subject to a fine of not less than one hundred dollars ($100.00) nor more
than one thousand dollars ($1,000.00), or imprisonment in the county jail for a period of not more
than one year, or both such fine and imprisonment. However, nothing in this article shall be
construed as requiring the Health Officer to report minor violations of this Ordinance for
prosecution whenever the Health Officer believes the public interest will be adequately served
in the circumstances by a warning.
A permit or medallion holder shall insure that the food establishment or mobile food unit is
in full compliance with this Ordinance at all times.
The person in charge shall insure that the food establishment is operated in full compliance
with this Ordinance and that all food is stored, prepared, displayed and served in accordance with
the provisions of this Ordinance.
Sec. 34.
SEVERABILITY.
If any section, subsection, paragraph, sentence, clause, phrase, or portion of this Ordinance
is for any reason held invalid, unconstitutional or otherwise unenforceable by a Court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portions thereof.
Sec. 35.
REPEALER.
All Ordinances and parts of Ordinances in conflict herewith are hereby repealed, but only
to the extent of such conflict.
Sec. 36.
CODIFICATION.
It is the intent of the City Council of the City of Pearland, Texas, that, this Ordinance shall
be codified in theoCity's official Code of Ordinances as provided hereinabove.
Sec. 37.
PUBLICATION / EFFECTIVE DATE.
The City Secretary shall cause this Ordinance, or its caption and penalty, to be published in
the official newspaper of the City of Pearland, upon passage of such Ordinance. The ordinance shall
then become effective ten (10) days from and after its publication, or the publication of its caption
and penalty, in the official City newspaper.
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PASSED and APPROVED on First Reading this .day of
A.D., 1994
ATTEST:
PAT JONES,
CITY SECRE
C.V. COPPING
MAYOR
PASSED and APPROVED on Second and Final reading this /1 day of
, A.D., 1994
A'1'1'EST:
PAT JONES, C
CITY SEC ' ARY
APPROVED AS TO FORM:
AY 0 S McC ' LOUG
CI TTORNEY
Voting Record (First Reading) 10-24-94
Voting "Aye" - Councilmembers Miller, Tetens,
Smith, Weber, and Richardson.
Voting "No" - None.
Motion passed 5 to 0.
Voting Record (Second Reading) 11-14-94
Voting "Aye" - Councilmembers Richardson,
Weber, Smith, Tetens, and
Miller.
Voting "No" - None.
Motion passed 5 to 0.
PUBLICATION DATE: NOVEMBER 16, 1994
EFFECTIVE DATE: NOVEMBER 26, 1994
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS.
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