§ 22-49. Food service regulations

(a) Amendments to rules.

(1) 25 Tex. Admin. Code § 229.162(75) of the rules, "Regulatory authority" is amended to read: "The City of McLendon-Chisholm appointed health official."

(2) 25 Tex. Admin. Code § 229.166(j)(3) of the rules, "Grease trap" is amended to read: "Grease traps; garbage grinders:

a. Grease traps. If a food establishment is required to install a grease trap or grease interceptor, the trap or interceptor shall be located and sized according to the specifications of the regulatory authority. Grease traps should be located out of doors in a location easily accessible for cleaning.

b. Garbage grinders. Garbage grinders are not allowed in new extensively remodeled or reoccupied food service facilities. If used and allowed by law, garbage grinders shall be maintained according to law."

(3) 25 Tex. Admin. Code § 229.165(f)(24) of the rules, Food equipment certification, classification, acceptability, is amended to delete: "Food equipment that is certified or classified for sanitation by an American National Standards Institute (ANSI) accredited certification program will be deemed to comply with subsections (a)—(f) of this section," and substitute therefore: "Food equipment installed in an establishment after the adoption of these rules, and food equipment in new or extensively remodeled establishments shall be of National Sanitation Foundation or equivalent approval. Any other equipment is subject to approval by the City of McLendon-Chisholm."

(b) Permit required; issuance; exceptions.

(1) General permit requirements.

a. Operation without permit prohibited. It shall be unlawful for any person to operate a food establishment within the limits of the city without having been issued a valid food service permit.

b. Compliance with article to obtain permit. Only a person who complies with the requirements in this article shall be entitled to receive or retain a permit, and notwithstanding the fact that all inspections necessary for obtaining a food service permit have been completed, such permit shall not be issued until after the building in which the establishment is to be located has been issued a certificate of occupancy by the city.

c. Transferability. Permits are not transferable from one person to another person or place.

d. Display of permit in establishment. A valid permit shall be posted in or on a conspicuous place of every food establishment regulated by this article. All permits are to be displayed in public view.

e. Effective dates. Permits shall remain in effect for 12 months from the date of issuance unless sooner revoked for cause. If the permit is granted to a temporary food establishment, the permit shall be in effect for a period of time not exceeding three consecutive days in conjunction with a single event or celebration. Permits granted to seasonal events shall not exceed 15 consecutive days not more that six consecutive months at any time during the year.

(2) Application for permit. Any person desiring to operate a food establishment shall make written application for a permit on a form provided by the city health department. The application shall include:

a. The applicants full name and post office box address or street address and whether such applicant is an individual, firm or corporation and, if a partnership, the names of the partners, together with their addresses;

b. The location and type of the proposed establishment;

c. Number of certified employees;

d. Square footage of the facility, if required;

e. Capacity of grease trap and name of servicing company;

f. Name of pest control company; and

g. The signature of the applicant.

An application for a temporary food establishment shall include the inclusive dates of the proposed operation.

(3) Nonprofit organizations. A food establishment operated solely by a nonprofit 501(c)3, organization is exempt from fees but not exempt from the permit requirements of this article, or from compliance with the Rules on Food Service Sanitation.

(4) Establishments affected by article. Any and all food establishments that serve, sell, manufacture, and distribute, any food product are to be permitted by the city. This will include convenient stores selling only prepackaged non-potentially hazardous foods and produce stands selling whole and/or cut produce.

(5) Application fee. The application shall be accompanied by a nonrefundable permit fee in the following amounts:

Temporary establishment:	$ 50.00
Restaurant	300.00
Catering truck	300.00
Day care facility	300.00
Grocery store (per outlet)	300.00
RISD	Exempt from fees
Limited service	300.00
Additional inspections required	75.00
Seasonal events	100.00

 

(c) Certified food protection manager.

(1) 25 Tex. Admin. Code § 229.163(b) of the rules, Knowledge, demonstration, is amended to replace "or" with "and."

(2) Every food establishment that has employees whose work brings them in contact with the handling of food, utensils, or food service equipment shall have a certified food protection manager.

a. A certified food protection manager is a manager or person in charge, on duty during all times of operation, and who has completed a food protection management class from any accredited institution or firm of their choice as accredited by the state department of health.

b. Food establishments serving or selling only prepackaged non-potentially hazardous foods will be exempt from these requirements.

c. A certified food protection manager is required for each food establishment. The city may require additional certified operators in sufficient number to insure that all areas of food preparation and food service, during times of operation, are under the direction of certified supervisory personnel.

d. If a food establishment does not meet the requirements for a certified food protection manager because of the termination or transfer of certified personnel, the food establishment shall employ another certified food protection manager within 45 days after such termination or transfer.

e. Food protection management certification shall be valid for length of time stated on the state-approved certificate. It shall be sole responsibility of the owner of such certification to maintain a current certification at all times.

f. The fee collected by the city for registration with the city as a food protection manager will be in the sum of $30.00 per person registered, for five years.

g. The city may require additional training as specified by the city when the employing food service establishment has repeated or persistent food safety violations or the establishment is suspected as the source of a food-borne illness.

h. All costs associated with the required additional training shall be the responsibility of the food service establishment.

(d) Submission and review of plans.

(1) Whenever a food establishment is constructed or extensively remodeled and whenever an existing structure is converted to use as a food establishment, properly prepared plans and specifications for such construction, remodeling, or conversion shall be submitted to the city for review and approval before construction, remodeling or conversion is commenced. The plans and specifications shall include a proposed kitchen floor plan, equipment schedule and arrangement, mechanical and plumbing plans, and room finishing materials in all work areas. No food establishment shall be constructed, extensively remodeled, or converted except in accordance with said approved plans and specifications.

(2) Deviation from the approved plans and specifications shall result in a food establishment permit denial, suspension, or revocation.

(e) Inspections.

(1) Required to determine compliance; annual renewal fee. The city shall inspect the food establishment prior to the issuance of the food establishment permit to determine compliance with any approved plans and specifications, compliance with other requirements of this article and shall determine that a certificate of occupancy has been issued for the building in which the establishment is to be located. Upon making such findings the food establishment permit may be issued subject to annual $250.00 renewal, continued compliance with the provisions of this article, and the existence of a valid certificate of occupancy for the building in which the establishment is located.

(2) Performed biannually; priority-based. An inspection of a food service establishment shall be routinely performed twice annually and shall be prioritized based upon assessment of a food establishment's compliance and potential of causing a food borne illness according to 25 Tex. Admin. Code § 229.171(h) of the rules.

(3) Priority classifications. The regulatory authority shall classify food establishments as high priority, medium priority, or low priority, according to the type of operation, particular foods prepared, number of people served, susceptibility of population served and any other risk factor deemed relevant to the operation.

(4) Additional inspections; fee. Additional inspections of the food establishment shall be performed as often as necessary for the enforcement of this article. If more than two annual inspections are required, a fee of $75.00 will be assessed for each inspection made.

(5) Correction of critical item; time limit; citation. If during a routine inspection, immediate correction of a critical item is not achieved, the city shall verify correction of the violation within 24 hours. If a critical item is not corrected within the specified time a citation may be issued.

(6) Demerit value, corrective actions. When the total cumulative demerit value of an establishment exceeds 30 demerits, the establishment shall immediately cease operations. The establishment shall remain closed until corrective action on all identified critical violations is complete. Corrective action on all other violations must be initiated within 48 hours. The establishment shall remain closed until reopened by the health authority.

(f) Suspension of a health permit.

(1) The city may, without warning, notice, or hearing suspend any permit to operate a food establishment if the holder of such permit does not comply with the requirements of this article, or the operation of its establishment does not comply with the requirements set forth herein, or, if the operation of the food establishment otherwise constitutes a substantial hazard to public health. Suspension is effective upon service of the notice. When a permit is suspended, food service operations shall immediately cease. Whenever a permit is suspended the holder thereof shall be afforded an opportunity for a hearing within ten days after receipt of a written request for hearing.

(2) Whenever a permit is suspended, the holder thereof or the person in charge shall be notified in writing that an opportunity for a hearing shall be provided if a written request for hearing is filed with the city within ten days after receipt of notice. If no written request for hearing is filed within a ten-day period, the suspension is sustained. The city may terminate the suspension at any time if reasons for suspension no longer exist.

(g) Revocation of a food permit.

(1) The city may, after providing opportunity for hearing, revoke a permit for serious or repeated violations of any of the requirements of this article or for interference with the regulatory authority in the performance of its duties.

(2) Prior to revocation, the city shall notify, in writing, the holder of the permit or the person in charge, of the specific reason for which the permit is to be revoked and that the permit shall be revoked at the end of the ten days after service of such notice unless a written request for hearing is filed within the ten-day period. If no request for hearing is filed within the ten-day period, the revocation of the permit becomes final.

(3) The holder of the revoked permit may make written application for a new permit.

(h) Examination and condemnation of food.

(1) A representative of the city shall tag, label, or otherwise identify any food subject to a hold order. No food subject to a hold order shall be used, served, or moved from the establishment. The city's hold order shall permit storage of the food under the conditions specified in the hold order, unless storage is not possible without risk to the public health, in which case immediate destruction shall be ordered and accomplished.

(2) A hold order shall state that a request for a hearing may be filed within ten days after issuance thereof and that if no hearing is requested the food shall be destroyed. On the basis of evidence produced at that hearing, the hold order may be vacated, or the owner or person in charge of the food may be directed by written order to denature or destroy such food or to bring it into compliance with the provisions of this article.

(i) Hearings/notice for hearings.

(1) The hearing provided for in these rules shall be conducted by the regulatory committee at the time and the place designated by the regulatory authority. Based upon the recorded evidence of such hearing, the regulatory authority shall make a final finding and shall sustain, modify, or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the permit, license or certificate by the regulatory authority.

(2) A notice provided for in this article is properly served when it is delivered to the holder of the permit or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit.

(Ord. No. 2004-17, § 1(12-2), 11-29-2004)