CHAPTER 111: FOOD ESTABLISHMENTS

Section
General Provisions
111.01 Title
111.02 Adoption of State Food Establishment Rules
111.03 Definitions

Facilities and Operation; Regulations
111.15 Restrictions; proper sanitizing facilities
111.16 Food transportation
111.17 Customer restroom facilities
111.18 Hand wash facilities
111.19 Mobile food establishments and roadside vendors
111.20 Employee food education

Administration and Enforcement
111.30 Temporary food establishments
111.31 Reinspection; fee
111.32 Jurisdictions outside the regulatory authority
111.33 Permit requirements
111.34 Permit suspension and revocation
111.35 Fees

111.99 Penalty
Appendix: Schedule of Food Establishment Fees

GENERAL PROVISIONS

§ 111.01 TITLE.
This chapter shall be titled “Food Establishment Code of the McGregor-McLennan County Public Health District.”
(Prior Code, § 8-51) (Ord. 24-85A, passed 6-13-2000)

§ 111.02 ADOPTION OF STATE FOOD ESTABLISHMENT RULES.
(A) For the purpose of regulating retail food service and retail food service establishments, the State
Department of Health Food Establishment Rules, 25 Tex. Admin. Code §§ 229.161 - 229.171 and 229.173 - 229.175, copies of which are on file with the office of the City Secretary, are hereby adopted and made a part of this code as if fully set out herein, and the provisions thereof shall govern all matters covered therein within the city, except those provisions which may be in conflict with other provisions of the code or state law.

(B) Art. IV Food Service Establishments and Food Handlers, Div. 2 Food Establishments, § 13-166
Adoption of Food Service Sanitation Code entitled the 1987 Revision of Construction, Operation, and
Maintenance of Food Establishments, McGregor-McLennan County Health Unit Environmental Health
Division shall be hereby repealed.
(Prior Code, § 8-51) (Ord. 24-85A, passed 6-13-2000)

§ 111.03 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

FOOD ESTABLISHMENT. In addition to the definition found in the State Food Establishment Rules, a FOOD ESTABLISHMENT includes an establishment that contains more than 100 square feet of display space of prepackaged non-potentially hazardous food products; or childcare centers that care for 13 or more children and which prepare food for consumption by the children other than ready-to-eat food for snacks and drinks.

FROZEN FOOD. Food kept in a solid frozen state in cooling equipment that maintains an air temperature of 0°F or below, except for defrost cycles and brief periods of loading or unloading from the cooling equipment when the air temperature shall not exceed 41°F.

NONPROFIT ORGANIZATION. An organization with a 501(c)(3) exemption or an exemption as a church in I.R.C. § 170(b)(1)(A)(I).
(Prior Code, § 8-51) (Ord. 24-85A, passed 6-13-2000)

FACILITIES AND OPERATION; REGULATIONS

§ 111.15 RESTRICTIONS; PROPER SANITIZING FACILITIES.
Food service establishments that do not have facilities for the proper cleaning and sanitizing of utensils
and food equipment shall not be allowed to prepare, package, or dispense any type of unpackaged food or potentially hazardous food, other than raw and uncut fruits and vegetables.
(Prior Code, § 8-52) (Ord. 24-85A, passed 6-13-2000) Penalty, see § 111.99

§ 111.16 FOOD TRANSPORTATION.
All food transported or delivered from a food establishment to another place shall be protected from
contamination by the use of packaging or covered containers with lids except for raw, uncut fruits and
vegetables. All food and food equipment being transported shall meet the applicable requirements of the
Food Establishment Rules relating to food protection and food storage. Food and food equipment may not be transported exposed or open to the elements. The compartment or area inside the vehicle that the food and food equipment is being transported in shall be kept clean, free of accumulation of dust, dirt, food particles, and any other debris. All surfaces of the compartment are to be smooth, durable, nonporous, and easily cleanable. Articles not associated with the food and food equipment being transported are not to be stored in the same compartment containing the food and food equipment.
(Prior Code, § 8-53) (Ord. 24-85A, passed 6-13-2000) Penalty, see § 111.99

§ 111.17 CUSTOMER RESTROOM FACILITIES.
Restroom facilities, if provided for customers, or required to be provided by law, must meet all of the
provisions of the Food Establishment Rules for restroom, toilet, and hand wash facilities. Customers may not enter food preparation, food storage, ware washing, and security sensitive areas of the food
establishment to gain access to restroom facilities.
(Prior Code, § 8-54) (Ord. 24-85A, passed 6-13-2000) Penalty, see § 111.99

§ 111.18 HAND WASH FACILITIES.
Hand wash signs shall be posted and maintained to be easily readable at all hand wash sinks and restroom facilities used by employees of a food establishment. When hand wash facilities are not available at a bulk food display and self service area, customers, upon request, are permitted access to hand washing facilities located in employee rest rooms, provided that access to employee rest rooms does not allow customers into unauthorized areas such as food preparation, ware washing, and security sensitive areas.
(Prior Code, § 8-55) (Ord. 24-85A, passed 6-13-2000)

§ 111.19 MOBILE FOOD ESTABLISHMENTS AND ROADSIDE VENDORS.
In addition to the requirements set forth in the State Food Establishment Rules, vehicles used for and
as a mobile food establishment or roadside vendor shall comply with the following.

(A) Each vehicle permitted as a mobile food establishment or roadside vendor shall have printed on each side of the vehicle the name of the owner or assumed name under which the owner operates, together with the owner’s telephone number. All of the lettering mentioned shall not be less than two inches and not less than five-sixteenths stroke width. The paint shall be either enamel or oil paint that will weather the elements and shall be maintained and legible at all times.

(B) The valid food establishment permit shall be available on each vehicle and visible to customers and inspectors at all times.

(C) All vehicles shall be reasonably free of dirt or rubbish and maintained in a clean and sanitary condition. The compartment(s) of the vehicle carrying food and food equipment and the food contact surfaces and non-food contact surfaces of the food equipment used in and with the vehicle shall be maintained and cleaned in accordance with the State Food Establishment Rules.

(D) Drivers, and assistants with the drivers, are to adhere to the same requirements as a food employee
and have in their possession a valid food safety certificate. The driver is responsible for maintaining the
cleanliness of the vehicle and food equipment as often as is necessary while on duty.

(E) Food equipment shall meet same design criteria and temperature criteria as a regular food establishment. The vehicle shall be equipped with a permanent power supply for the food equipment used for heating, cooking, cooling, refrigeration, freezing, and holding of hot and cold foods. Plug-in adapters to cigarette lighters are not allowed.

(F) Mobile food establishments and roadside vendors including snow cone stands that prepare food on the vehicle or on location must also:

(1) Comply with all requirements of a food establishment including hand wash and dishwashing sinks, cleaning operations, hot water, and pest control;

(2) Have a letter of permission from the owner of the property upon which the sales are to take place to operate from that location; and

(3) Have a letter of permission from the owner of that property or immediately adjacent to the property for use of restroom facilities.
(Prior Code, § 8-56) (Ord. 24-85A, passed 6-13-2000) Penalty, see § 111.99

§ 111.20 EMPLOYEE FOOD EDUCATION.
(A) Food establishment employees.

(1) Any person employed in a food establishment with duties. that require the individual to receive, handle, prepare, cook, display, serve, dispense or store, food or drink, regardless if the food or drink is packaged or unpackaged, potentially hazardous or non-potentially hazardous; or whose duties include handling, storage, or cleaning of food equipment and rooms that contain food-related operations, shall possess a food safety certificate.

(2) Any person required to obtain a food safety certificate must do so within 30 calendar days of employment. The permit holder or person in charge of a food establishment is responsible to ensure that
an individual has obtained the food safety certificate within the required time period. (3) Individuals whose only duty is to cashier, assist customers in carry-out of food items, provide direct delivery of a food order; or assist children and infants with their foods or meals at a childcare center; or volunteer at a temporary event or temporary fund raiser; or possess a food manager certification approved by the State Department of Health, are not required to obtain a food safety certificate.

(4) To receive a food safety certificate, an individual must pay a fee and successfully complete the training class. The primary purpose of the class is to orient the individual to food establishment operations, sanitation, and employee practices. It is not a substitute for extensive training which is the responsibility of each food establishment’s permit holder, manager, or supervisor.

(5) Food safety certificates must be on display in a conspicuous location at the food establishment for review by the health inspector.

(6) Food safety certificates are valid for two years. Renewal requirements are the same as that for the original certification.

(B) Childcare food employees.

(1) Any person employed at a childcare center whose duties include the handling, preparing, or cooking of food or cleaning of food equipment shall possess a childcare food safety certificate.

(2) Individuals who help serve or assist children and infants with their foods or meals are not required to obtain a childcare food safety certificate.

(3) To receive a childcare food safety certificate, an individual must successfully complete the childcare food safety class. The requirements to obtain, maintain, or renew a childcare food safety certificate are the same as stated for a food establishment employee, unless specifically stated otherwise in this section.

(C) Food managers.

(1) All permanent food establishments that prepare, cook, serve, or hold potentially hazardous foods, packaged or unpackaged, shall have an individual that possesses a valid food manager certification. A certified food manager must be on duty at the food establishment during the hours that the foods are
handled, prepared, cooked, or served. The certified food manager shall have authority to oversee and
implement procedures, requirements, instructions, and other measures to provide for the safe storage,
handling, preparation, and serving of all food products and food equipment.

(2) Certification shall meet the criteria established by Tex. Health & Safety Code, Chapter 438, subch. D, and requirements established by the State Department of Health. The training shall include a minimum of 14 hours of instruction excluding time for the final examination required to satisfy successful completion of the training.

(3) Recertification shall be required as stated in Tex. Health & Safety Code, Chapter 438, subch. D, and requirements established by the State Department of Health.

(4) A person who possesses a valid food manager certification is not required to obtain a food safety certificate or a childcare food manager certificate.

(D) Childcare food managers.

(1) All childcare centers shall have an individual that possesses a childcare food manager certificate. The childcare food manager must be on duty during the times that foods, other than snacks, are handled, prepared, cooked, or served.

(2) To receive a childcare food manager certificate, an individual must successfully complete the training class provided by the Waco-McLennan County Public Health District. Childcare food manager certificates are valid for three years. Subsequent renewal is by completing the training class again. The certificate must be on display in a conspicuous location at the childcare center.

(3) An individual who obtains a childcare food manager certificate is not required to obtain a food safety certificate or a food manager certificate while employed at a childcare center.
(Prior Code, § 8-59) (Ord. 24-85A, passed 6-13-2000) Penalty, see § 111.99

ADMINISTRATION AND ENFORCEMENT

§ 111.30 TEMPORARY FOOD ESTABLISHMENTS.
(A) Event coordinators. If an event has a coordinator for temporary food establishments, the coordinator is responsible for submitting the application, fees, names of all the food establishments, and other necessary information. The coordinator will be the person in charge that the regulatory authority will deal with for permits, specific requirements, correcting problems, or violations. The person designated as coordinator is responsible for the conditions relating to the temporary food establishments.

(B) Exemptions for temporary food establishments. An exemption requires the temporary food establishment to operate in accordance with the provisions of this chapter and the State Food stablishment Rules. A temporary food establishment permit is not required for events or celebrations that are held exclusively for specific identified participants of a specific group or membership and not open to the general public; or two or less operations operated from a permitted food establishment on the physical property of the establishment; or a fund raiser for nonprofit or charitable organizations that are supervised by a certified food manager or by a minimum of two individuals with food safety certification; or provide only commercially prepackaged non-potentially hazardous foods and beverages; or a mobile food vendor.
(Prior Code, § 8-57) (Ord. 24-85A, passed 6-13-2000)

§ 111.31 REINSPECTION; FEE.
If an establishment requires a reinspection for failure of the establishment to provide immediate correction of multiple critical items or imminent health hazards, failure to correct violations identified from the previous routine inspection, or when the total cumulative demerit values of an inspection report exceeds more than 30 demerits, a reinspection fee will be charged in the amount set out in the fee schedule. Failure to pay the fee to the regulatory authority office before the reinspection is due or within five calendar days in the case of imminent health hazards or major critical food violations is a violation of this chapter.
(Prior Code, § 8-58) (Ord. 24-85A, passed 6-13-2000)

§ 111.32 JURISDICTIONS OUTSIDE THE REGULATORY AUTHORITY.
Food from food establishments outside the regulatory authority may be sold or served within the jurisdiction of the local regulatory authority, if those food establishments conform to the provisions of this food code and the State Food Establishment Rules, including permitting and transportation requirements. A valid food establishment permit from the regulatory authorities in other jurisdictions where the food establishment is located must be presented to the regulatory authority.
(Prior Code, § 8-59a) (Ord. 24-85A, passed 6-13-2000)

§ 111.33 PERMIT REQUIREMENTS.
(A) Any person desiring to operate a food establishment must make a written application for a permit
on forms provided by the regulatory authority. The application must contain the applicant’s full name,
whether the applicant is an individual, business, or a corporation, the location and type of the proposed
food establishment, the applicable fee, and the signature of the applicant. If the application is for a
temporary food establishment, it shall also include the inclusive dates and times of the proposed operation. Failure to provide all information requested by the regulatory authority or providing false information may result in denial or revocation of the permit. An incomplete application will not be accepted.

(B) Renewals of permits are required on an annual basis, except for temporary establishments. It is the responsibility of the applicant, owner, permit holder, or person in charge of each food establishment
to renew the permit before the expiration date of the permit. The renewal must include any information
that has changed from that provided on the original application. Any owner, permit holder, or person in
charge may be required to cease operations or temporarily close, if found operating without a valid permit.

(C) Prior to the approval of an initial permit or the renewal of an existing permit, the regulatory authority shall inspect the food establishment to determine compliance with these regulations. A permit cannot be issued or renewed if the food establishment has critical violations, imminent health hazards, or previously identified violations not corrected.

(D) Before issuing a permit, the regulatory authority may require an applicant to provide plans of the food establishment prior to construction, extensive remodeling, or conversion of an existing structure. The plans must indicate the proposed layout, equipment arrangement, mechanical plans, construction of materials of work areas, and the type and model of proposed fixed equipment and facilities.

(E) A fee will be charged for permits and permit renewals in accordance with the current fee schedule.
Failure to submit an application with the required fee for a temporary food establishment at least five
working days prior to the event or celebration will result in the assessment of a late fee double the amount of the normal fee amount.

(F) A food establishment, except for a temporary food establishment, is not required to obtain more
than one permit for each location. Food establishments operating at one location with different
management or ownership or franchise are required to obtain separate permits. Permits are required for
each temporary establishment at each location.

(G) A permit shall be for a specific food establishment at a specific location. Permits are not transferable from person to person. Permits are not transferable from location to location, except for mobile and roadside food establishments.
(Prior Code, § 8-59b) (Ord. 24-85A, passed 6-13-2000) Penalty, see § 111.99

§ 111.34 PERMIT SUSPENSION AND REVOCATION.
(A) Suspension of permits. A permit may be suspended temporarily by the regulatory authority for failure of the permit holder or person in charge to comply with the requirements of these regulations. Whenever a permit holder or person in charge has failed to comply with any notice issued under the provisions of these regulations, the permit holder or person in charge shall be notified in writing that the permit is, upon service of the notice, immediately suspended, the operations of the food establishment affected by the violations shall cease, and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the regulatory authority within five working days by the permit holder or person in charge. Notwithstanding the other provisions of these regulations, whenever the regulatory authority finds conditions in the operation of the food establishment which in his or her judgment constitutes a substantial or imminent health hazard, he or she may without warning, notice, or hearing, issue a written notice to the permit holder or person in charge citing those conditions and specify the corrective actions to be taken and if deemed necessary, state in the notice that the permit is suspended, and that all food service operations are to be immediately discontinued. Any permit holder or person in charge to whom such a notice is issued shall comply immediately therewith, but upon written request be afforded a hearing.

(B) Reinstatement of suspended permits. Any permit holder or person in charge whose permit has
been suspended, after making all corrections, may request a reinspection during normal business hours of the regulatory authority for the purpose of reinstatement of the permit. A reinspection fee of $50 must be paid to the office of the regulatory authority before the reinspection will be performed. The regulatory authority will arrange a time with the permit holder or person in charge to perform the reinspection. If the permit holder or person in charge has complied with the requirements of these regulations, the permit shall be reinstated.

(C) Revocation of permits. For serious or repeated health hazards and violations of any of the requirements of these regulations, or for interference with the regulatory authority in the performance of
his or her duties, the permit may be revoked after an opportunity for a hearing has been provided by the
regulatory authority. Prior to this action, the regulatory authority shall notify the permit holder in writing,
stating the reasons for which the permit is subject to revocation and advising that the permit shall be
revoked at the end of five working days following service of the notice, unless a written request for a
hearing is filed with the regulatory authority by the permit holder within that five-day period. A permit
may be suspended for cause pending its revocation or revocation hearing or hearing relative thereto.

(D) Hearings. The hearings provided for in this section shall be conducted by the regulatory authority
at a time and place designated by him or her within five days upon receiving a written request for a
hearing. Based upon the record and information and evidence presented during the hearing and these
regulations, the regulatory authority shall make a finding and shall either uphold, reverse, or modify the
prior decision to suspend or revoke the permit. A written report of the hearing decision shall be furnished to the permit holder by the regulatory authority. If the decision results in revocation of the permit, the permit holder may not apply for a new permit for one calendar year from the date of the decision at any location within the jurisdiction of the regulatory authority.

(E) Appeal. The decision of the regulatory authority may be appealed to the Director of the Regulatory Authority. The Director of the Regulatory Authority may either uphold, reverse, or modify the decision of the regulatory authority. The decision of the Director may be appealed to the City Manager. The City Manager may either uphold, reverse, or modify the decision of the Director. The decision of the City Manager is final.
(Prior Code, § 8-59b) (Ord. 24-85A, passed 6-13-2000)

§ 111.35 FEES.
(A) The fees for the inspection of, issuing a permit, renewing a permit, or any other fee authorized by statute or ordinance or code provision of this city concerning a food establishment in this city is hereby
set and established in the appendix to this chapter.

(B) The Waco-McLennan County Public Health District is hereby authorized to collect and retain all
fees for the inspection of, issuing a permit, renewing a permit, or any other fee authorized by statute or
ordinance or code provision of this city concerning a food establishment in this city.
(Ord. 24-85B, passed 6-13-2000)

§ 111.99 PENALTY.
A violation of this chapter shall be a misdemeanor, and the penalty for violating this chapter shall be
as provided for in § 10.99 of this code, which shall be a maximum fine of $1,000, and each day a violation exists shall be a separate offense.
(Ord. 24-85A, passed 6-13-2000)

APPENDIX: SCHEDULE OF FOOD ESTABLISHMENT FEES

(Ord. 24-85B, Exhibit A, passed 6-13-2000)