HomeMy WebLinkAboutORD 23-013 ORDINANCE NO. 23-013
AN ORDINANCE OF THE CITY OF BEAUMONT AMENDING THE FOOD AND FOOD
ESTABLISHMENTS CONCERNING SIGNAGE, SECTIONS 28.01.004, 28.03.018, 28.03.020,
28.03.021, 28.04.003, 28.04.005, 28.04.006, and 28.04.008(22)
ARTICLE 10.02 FOOD AND FOOD ESTABLISHMENTS
Division 1. Rules On Food Service Sanitation
SEC 10.02.001 General Provisions
(a) Purpose and Regulations
(1) The purpose of this division is to implement Texas Health and Safety
Code, Chapter 437, Regulation of Food Service Establishments, Retail Food
Stores,Mobile Food Units, and Roadside Food Vendors.
(2) The department adopts by reference the U.S. Food and Drug
Administration(FDA) Food Code 2022 (Food Code) and the Supplement to the
2022 Food Code.
(3) The department does not adopt by reference the following sections,paragraphs,
and subparagraph of the Food Code3-202.13, 3-202.14(C), 3-202.18(A), 5-102.11,
5-102.13, 5-102.14, 5-104.11(B)(1), 6-101.11(B), 6-202.18, 8-201.11, 8-202.10, 8-
203.10, 8-302.11-14, 8-303.10-30, 8-304.10, 8-304.20, 8-401.10, 8-401.20, 8-
402.10, 8-402.20-40, 8-403.40,and 8-501.10-40,and the definitions for"accredited
program," "drinking water," "food establishment," "game animal," "general use
pesticide," "public water system," "regulatory authority," "safe material," "service
animal," and "vending machine location."
(b) The following words and terms,when used in this division,shall have the following
meanings unless the context clearly indicates otherwise.
(1) Accredited program--Food manager certification program that has been
evaluated and listed by the department and conforms to standards set by the
department in 25 TAC §229.172.
(2) Adulterated food--A food deemed to be adulterated as specified in the Texas
Health and Safety Code, §431.081.
(3) Bed and breakfast extended--An establishment with more than seven rooms
for rent or an establishment that provides food service other than breakfast to
overnight guests.
(4) Bed and breakfast food establishment--A bed and breakfast that provides
(4) Bed and breakfast food establishment--A bed and breakfast that provides
food service to customers in addition to its overnight guests.
(5) Bed and breakfast limited--An establishment that has seven or fewer rooms
for rent, serves breakfast to overnight guests, and is not a retail food establishment.
(6) Central preparation facility--An approved and permitted facility or space
where food is prepared, stored, and packaged.
(7) Child care center—Any facility licensed by the regulatory authority to
receive 6 or more children for child care which prepares food for on-site
consumption, excluding in-home day cares.
(8) Code of Federal Regulations(CFR)--Citations to the CFR refer sequentially
to the Title, Part, and Section numbers, such as 40 CFR 180.194 refers to Title 40,
Part 180, Section 194.
(9) Common carrier--An individual or business that advertises to the public that
it is available for hire to transport people or property, including food, in exchange
for a fee.
(10) Cottage food production operation--An individual, operating out of the
individual's home, who:
(A) Produces at the individual's home:
• A baked good that is not a time and temperature control for safety
food (TCS food), as defined in 25 TAC §229.661(b)(13);
• Candy;
• Coated and uncoated nuts;
• Unroasted nut butters;
• Fruit butters;
• A canned jam or jelly;
• A fruit pie;
• Dehydrated fruit or vegetables, including dried beans;
• Popcorn and popcorn snacks;
• Cereal, including granola;
• Dry mix;
• Vinegar;
• Pickled fruit or vegetables, including beets and carrots, that are
preserved in vinegar, brine, or a similar solution at an equilibrium
pH value of 4.6 or less;
• Mustard;
• Roasted coffee or dry tea;
• A dried herb or dried-herb mix;
• Plant-based acidified canned goods;
• Fermented vegetable products, including products that are
refrigerated to preserve quality;
• Frozen raw and uncut fruit or vegetables; or
• Any other food that is not a TCS food, as defined in 25 Tex. Admin.
Code §229.661(b)(13).
(B) Has an annual gross income of$50,000 or less from the sale of food
described by subparagraph(A) of this paragraph;
(C) Sells foods produced under subparagraph(A) of this paragraph only
directly to consumers; and
(D) Delivers products to the consumer at the point of sale or another
location designated by the consumer.
(11) Department--The Environmental Health Department of Beaumont, TX.
(12) Drinking water--Traditionally known as "potable water" and that meets the
standards set forth in 30 TAC Chapter 290, Subchapter F. Drinking water includes
the term "water" except where the term used connotes that the water is not potable,
such as "boiler water," "mop water," "rainwater," "wastewater," and "non-drinking
water."
(13) Event--A unique public gathering at which food products are served and for
which an appropriate regulatory authority grants permission, whether by permit,
license, or another official written document.
(14) Exotic animal--Member of a species of game animals not indigenous to this
state, including axis deer, nilgai antelope, red sheep, or other cloven-hoofed
ruminant animals.
(15) Festival--a public celebration, entertainment or series of performances of a
certain kind, often held periodically.
(16) Food establishment—
(A) A food establishment is an operation that:
• Stores, prepares, packages, serves, or vends food directly to the
consumer, or otherwise provides food for human consumption, such
as a restaurant,retail food store, satellite or catered feeding location,
catering operation if the operation provides food directly to a
consumer or to a conveyance used to transport people, market,
vending machine location, self-service food market, conveyance
used to transport people, institution, or food bank; and
• Relinquishes possession of food to a consumer directly,or indirectly
through a delivery service, such as home delivery of grocery orders
or restaurant takeout orders, or delivery service that is provided by
common carriers.
(B) Food establishment includes:
• An element of the operation, such as a transportation vehicle or a
central preparation facility that supplies a vending location or
satellite feeding location unless the vending or feeding location is
permitted by the regulatory authority; and
• An operation that is conducted in a mobile, stationary, temporary,
or permanent facility or location and where consumption is on or off
the premises regardless if there is a charge for the food.
(C) Food establishment does not include:
• An establishment that offers only prepackaged foods that are not
TCS foods;
• A produce stand that only offers whole, uncut fresh fruits and
vegetables;
• A food processing plant, including one that is located on the
premises of a food establishment;
• A cottage food production operation;
• A bed and breakfast limited as defined in this division; or
• A private home that receives catered or home-delivered food.
(17) Game animals--Wild animals that are indigenous to this state and not
amenable to the Texas Meat and Poultry Inspection Act, Texas Health and Safety
Code, Chapter 433, for which the hunter must obtain a hunting license from the
Texas Parks and Wildlife Department before hunting animals, such as white-tailed
deer,mule deer,pronghorn antelope, and big horn sheep.
(18) General use pesticide--A pesticide that is not classified by the United States
Environmental Protection Agency for restricted use as specified in 40 CFR
§152.175 or is not limited to use by or under the direct supervision of a certified
applicator licensed by the Texas Department of Agriculture or by the Texas
Structural Pest Control Service as applicable.
(19) Grease trap or interceptor--a device designed to use differences in
specific gravities to separate and retain light density liquids, waterborne fats, oils,
and greases prior to the wastewater entering the sanitary sewer collection system.
These devices also serve to collect settleable solids, generated by and from food
preparation activities,prior to the water exiting the trap and entering the sanitary
sewer collection system.
(20) Group residence--A private or public housing corporation or institutional
facility that provides living quarters and meals. The term includes a domicile for
unrelated persons, such as a retirement home, correctional facility, or a long-term
care facility.
(21) Livestock--Cattle, bison, sheep, swine, goats, horses, mules, other equine,
poultry, domesticated rabbits, exotic animals, or domesticated game birds.
(22) Mobile food unit (MFU)--A vehicle-mounted, self or otherwise propelled,
self-contained food service operation designed to be readily movable (including
catering trucks, trailers, push carts, and roadside vendors) and used to store,
prepare, display, serve or sell food. An MFU must completely retain its mobility at
all times. An MFU does not include a stand or a booth. A roadside food vendor is
classified as an MFU.
(23) Mobile Food unit permit A food permit for a mobile food unit operating
within the City of Beaumont,that expires at the end of every calendar year.
(24) Outfitter operation--Any operation, such as trail rides, bus tours, harbor
cruises, or river raft trips, in which food is offered to patrons and which operates
out of a central preparation location or food establishment.
(25) Plumbing Code--The International Plumbing Code, as amended, including
appendices C,E,F,and G,published by the International Code Council as amended
by 16 TAC §70, the Uniform Plumbing Code, as amended, including appendices
required by the regulatory authority, as published by the International Association
of Plumbing and Mechanical Officials as referenced in Occupations Code, Title 8,
Chapter 1301, §255, or a Plumbing Code adopted by a local regulatory authority,
whichever is more stringent.
(26) Private water system--A drinking water system that is not connected to a
public water system and not regulated by the Texas Commission on Environmental
Quality.
(27) Public water system--A drinking water system that complies with 30 TAC
§§290.101 - 290.122.
(28) Pushcart--A non-self-propelled MFU limited to serving foods requiring a
limited amount of preparation as authorized by the regulatory authority and readily
movable by one or two persons. A pushcart is classified as an MFU. A pushcart
does not include non-self-propelled units owned and operated within a retail food
store. This type of MFU requires the support of a central preparation facility.
(29) Regulatory authority—the City of Beaumont's public health director or
their designee.
(30) Roadside food vendor--A person who operates a mobile retail food store
from a temporary location adjacent to a public road or highway. Food is not
prepared or processed by a roadside food vendor. A roadside food vendor is
classified as an MFU.
(31) Safe material--An article manufactured from or composed of materials that
may not reasonably be expected to result either directly or indirectly in the article
becoming a component of or otherwise affecting the characteristics of any food.An
additive that is used as specified in the Texas Health and Safety Code, Chapter 431,
or other materials that are not additives and that are used in conformity with
applicable regulations of the U.S. Food and Drug Administration.
(32) Seasonal food establishment A food service establishment which operates
more than fifteen(15) consecutive days but less than one hundred twenty-one(121)
consecutive days within a three hundred sixty-five (365) day period beginning
January 1 of each calendar year
(33) Self-service food market--A market that is unstaffed and offers prepackaged
non-TCS food and prepackaged refrigerated or frozen TCS food that is stored in
equipment that complies with §10.02.007(e).
(34) Service animal--A canine that is individually trained to do work or perfoinu
tasks for the benefit of an individual with a disability,including a physical, sensory,
psychiatric, intellectual or other mental disability as specified in Texas Health and
Safety Code, §437.023.
(35) Single-service articles--Any cups, containers, plates, straws, place mats,
napkins, doilies, spoons, stirrers,paddles,knives, forks,wrapping materials and all
similar articles that are constructed wholly or in part from paper, paperboard,
molded pulp, foil, wood, plastic, synthetic or other readily destructible materials,
and which are intended by the manufacturers to be for one-time, one-person use,
then to be discarded.
(36) Special event food service establishment--A temporary food service
establishment which consists of more than five (5) booths and is sponsored by an
organization in connection with a single group event. This includes, but is not
limited to fairs, carnivals, food festivals and similar events. Special Event
Temporary Permits must be purchased at least thirty (30) days in advance of the
event.
(37) Temporary Food Establishment--A temporary food service operation is
defined as a food establishment that operates for a period of no more than
14 consecutive days in conjunction with a single event or celebration
(38) Vending machine location--The room, enclosure, space, or area where one
or more vending machines are installed and operated and that includes the storage
areas and areas on the premises that are used to service and maintain the vending
machines. This does not include self-service food markets.
10.02.002 Management and Personnel
(a) Certified Food Protection Manager and Food Handler Requirements
(1) A Certified Food Protection manager must pass a DSHS or ANSI-CFP
approved food manager certification examination prior to opening of a food
establishment.
(2) The original food manager certificate shall be posted in the food
establishment in a location that is conspicuous to consumers.
(3) Except as specified in 10.02.002(c), a certified food protection manager
shall be present at the food establishment during all hours of operation as required
in Food Code, §2-101.11 and §2-102.12.
(4) While serving as a person in charge for a food establishment, a certified
food protection manager may not serve as person in charge for any other food
establishment.
(5) The holder of the original food manager certificate shall be the person in
charge or shall designate a person in charge and shall ensure that any person in
charge satisfy all requirements of 10.02.002(a).
(6) Food establishments deemed by the regulatory authority to pose minimal
risk of causing, or contributing to, foodborne illness based on the nature of the
operation and extent of food preparation, such as but not limited to:
(A) establishments that handle only prepackaged food and do not
package food;
(B) Establishments that do not prepare or handle exposed
Time/Temperature Control for Safety(TCS); or
(C) Temporary food establishments; are exempt from the requirements
in §§10.02.002(3)—(6).
(7) All food employees, except for the certified food protection manager, shall
successfully complete an accredited food handler training course,within 30 days of
employment. This requirement does not apply to temporary food establishments.
(8) The food establishment shall maintain on premises a certificate of
completion of the food handler training course for each food employee.
(b) Reporting Symptoms and Diagnosis Signage
(1) A food establishment shall post a sign or poster, clearly visible to food
employees, by all handwashing sinks. The sign or poster shall notify food
employees to report symptoms and diagnosis information about their health as it
relates to diseases that are transmissible through food.
10.02.003 Food
(a) Approved Sources for Exotic Game Animals
(1) Exotic animals. If exotic animals are received for sale or service,they
shall:
(A) Be commercially raised for food; and
(i) Raised, slaughtered,processed, and deemed to be inspected
and approved" under an inspection program administered by
United States Department of Agriculture (USDA) in accordance
with 9 CFR 352, Exotic Animals; Voluntary Inspection; or
(ii) Raised, slaughtered,processed, and deemed to be
"inspected and passed" under a meat and poultry inspection
program administered by the department or any other state meat
inspection program deemed equal to USDA inspection;
(B) As allowed by law, for exotic animals that are live caught, be
slaughtered and processed as required in §§10.02.003(a)(1)(A)(i) or(ii);
and
(C) As allowed by law, for exotic animals that are field dressed:
(i) Receive an antemortem and postmortem examination by
the appropriate inspection personnel as described in
§§10.02.003(a)(1)(A)(i) or(ii); and
(ii) Be transported and processed according to the requirements
specified by the appropriate regulatory authority as described in
§§10.02.003(a)(1)(A)(i) or(ii).
(2) Exotic animals shall be cooked to heat all parts of the food to a
temperature and for a time that complies with one of the methods for cooking
game animals according to Food Code, §3-401.11, and under a voluntary
inspection program as specified in §10.02.003(a).
(b) Specifications for Receiving
(1) Temperature.
(A) Grade A pasteurized milk shall be received in refrigerated
equipment that maintains an ambient air temperature of seven degrees
Celsius (45 degrees Fahrenheit) or less.
(B) Molluscan shellfish shall be received in refrigerated equipment or
on ice that maintains a temperature of seven degrees Celsius (45 degrees
Fahrenheit) or less, as required in the Texas Molluscan Shellfish Rules, 25
TAC §241.61(a).
(2) Chicken Eggs. Chicken eggs shall be received clean and sound and may
not exceed the restricted egg tolerances for U.S. Consumer Grade B as specified
in 7 CFR 56,Voluntary Grading of Shell Eggs and United States Standards,
Grades, and Weight Classes for Shell Eggs, and 9 CFR 590, Inspection of Eggs
and Egg Products.
(3) Frozen milk products. Frozen milk products, such as ice cream, shall be
obtained pasteurized in accordance with the Frozen Desserts Manufacturer
Licensing Act, Texas Health and Safety Code, Chapter 440, and 21 CFR 135,
Frozen Desserts.
(4) Shell stock identification. Shell stock shall be obtained in containers
bearing legible source identification tags or labels that are affixed by the harvester
or dealer that depurates, ships, or reships the shell stock, as specified in 25 TAC
§§241.50 -241.71.
(c) Buffett Notification
(1) A card, sign, or other effective means of notification shall be displayed to
notify consumers that clean tableware is to be used upon return to self-service
areas, such as salad bars and buffets as specified in Food Code, §3-304.16.
(d) Donation of Foods
(1) Except as specified in §§10.02.003(d)(1) and(2), foods which have been
previously served to a consumer may not be donated.
(A) Packaged time and temperature control for safety foods (TCS
foods), such as unopened milk, may be re-served or donated if
immediately stored in a cooling bin maintained at five degrees Celsius (41
degrees Fahrenheit) or below.
(B) The following food products may be re-served or donated.
(i) Packaged non-TCS foods.
(ii) Whole fruit, such as apples or bananas.
(2) Unpackaged and unserved TCS foods may be donated if:
(A) The temperature of the food is at or below five degrees Celsius (41
degrees Fahrenheit), or an ambient temperature of seven degrees Celsius
(45 degrees Fahrenheit) for raw shell eggs, at the time of donation, and is
protected from contamination;
(B) The food has been at or above 57 degrees Celsius (135 degrees
Fahrenheit) during hot holding and service, and subsequently refrigerated
to meet the time and temperature requirements in Food Code, §3-501.14
and §3-501.15, or maintained at proper holding temperatures required in
Food Code, §3-501.16;
(C) The donor can substantiate that the food recipient has the facilities
to meet the transportation, storage, and reheating requirements of
10.02.003; and
(D) The food is to be transported by the food recipient directly to a
consumer, the recipient only needs to meet the transportation requirements
in 10.02.003, including holding temperatures.
(3) Donated foods transported offsite shall be labeled with the name of the
food,the source of the food, and the date of preparation.
(4) Donated TCS foods may not exceed the shelf life for leftover foods
outlined in 10.02.003.
(5) Heavily rim or seam-dented canned foods, or packaged foods without the
manufacturer's complete labeling shall not be donated.
(6) Distressed foods.
(A) Foods which are considered distressed, such as foods which have
been subjected to fire, flooding, excessive heat, smoke, radiation, other
environmental contamination, or prolonged storage shall not be directly
donated for consumption by the consumer.
(B) Such foods in 10.02.003(a)(1)may be sold or donated to a licensed
food salvage establishment if permitted under the provisions of the Texas
Health and Safety Code 432.
10.02.004 Water, Plumbing, and Waste
(a) A water source obtained from other than a community public water system shall
be sampled and analyzed in accordance with the requirements found in 30 TAC Chapter
290, Subchapter F, concerning transient noncommunity water systems.
(b) Water Quality Standards
(1) Public and private water systems
(A) Water from a public water system shall meet 40 CFR 141 -
National Primary Drinking Water Regulations, state drinking water quality
standards in accordance with 30 TAC §§290.38 - 290.47, and 30 TAC
§§290.101 -290.114, 290.117 - 290.119, 290.121, and 290.122; and
(B) Water from a nonpublic water system shall meet the requirements
of 30 TAC Chapter 290, Subchapter F,pertaining to transient
noncommunity water systems.
(1) Water from a nonpublic water system shall be sampled and tested
according to 30 TAC Chapter 290, Subchapter F, concerning transient
noncommunity water systems, except nondrinking water.
(2) The most recent sample report for the nonpublic water system shall be
retained on file in the food establishment, or the report shall be maintained as
specified in 30 TAC Chapter 290, Subchapter F, concerning transient
noncommunity water systems.
(c) Water Distribution, Delivery, and Retention Systems
(1) Nonpublic water mains, water pumps,pipes,hoses, connections, and other
appurtenances shall meet the requirements of 30 TAC Chapter 290, Subchapter F.
(d) Grease Trap
(1) If used, a grease trap or grease interceptor shall be located to be easily
cleanable and shall be located outside the building of the food establishment.
10.02.005 Physical Facilities
(a) Wall and Ceiling Coverings and Coatings
(1) Walls including non-supporting partitions, wall covering and ceilings of
the walk-in refrigeration units, food preparation areas, equipment and utensil
washing areas, toilet rooms and vestibules should be light in color or meet the
requirements and approval of the regulatory authority.
(2) Darker-colored coverings for the items listed in §10.02.005(a)(1) may
require additional lighting, as specified in Food Code, §6-303.11, or meet the
requirements set by the regulatory authority,to allow cleaning of the surface.
(b) Dogs in Outdoor Dining Areas of a Food Establishment
(1) Dogs may be allowed in outdoor dining areas of a food establishment if:
(A) The establishment posts a sign in a conspicuous location in the
area stating that dogs are allowed;
(B) The customer and dog access the area directly from the exterior of
the establishment;
(C) The dog does not enter the interior of the establishment;
(D) The customer keeps the dog on a leash and controls the dog;
(E) The customer does not allow the dog on a seat,table, countertop,
or similar surface; and
(F) In the area,the establishment does not:
(i) Prepare food; or
(ii) Permit open food other than food that is being served to a
customer; and
(G) The requirements specified in this §10.02.005(b) do not apply to
service animals or service animals in training.
10.02.006 Poisonous or Toxic Materials
(a) First Aid Supplies, Availability
(1) A first aid kit shall be provided in all food establishments.
10.02.007 Requirements Applicable to Certain Establishments
(a) Mobile Food Units
(1) Mobile food unit provisions.
(A) Mobile food units are required to purchase a yearly mobile food
permit in order to assure that all compliance requirements are met.
(B) Mobile food units are required to be easily identified to every
passerby by having the name of the business prominently painted on at
least two sides of the unit, in letters no smaller than 12" in height.
(C) Vehicle registration must be provided with application.
(D) Federal tax ID certificate must be provided with application.
(E) Mobile food unit food choices are limited to those that can be
served or prepared in compliance with the Texas Food Establishment
Rules as adopted by the city.
(F) All food to be prepared must
(i) Be stored at the commissary at the time of inspection accompanied by
receipts; or
(ii) Be purchased daily and accompanied by receipts.
(G) Except as otherwise provided §§10.02.007(a)(1)(G) and(H),the
regulatory authority:
(i) May impose additional requirements to protect against
health hazards related to the conduct of the food establishment as a
mobile operation;
(ii) May prohibit the sale of some or all time and temperature
control for safety foods (TCS foods); and
(iii) When no health hazard will result, may waive or modify
• requirements of 10.02.007 except those requirements as specified
in §§10.02.007(a)(1)(N)-(P), §§10.02.007(a)(3)(A)(i)-(v), and
Food Code, Subparts 3-401, 3-402, 3-403, 3-404, and 3-501.
(H) A mobile food unit(MFU)that serves only food that is prepared,
packaged in individual servings,transported and stored under conditions
meeting the requirements of 10.02.007, or beverages that are non-time and
temperature control for safety food and are dispensed from covered urns
or other protected equipment, need not comply with the requirements of
this division relating to the necessity of water and sewage systems nor to
those requirements relating to the cleaning and sanitization of equipment
and utensils if the required equipment for cleaning and sanitization exists
at its central preparation facility.
(I) Alteration, removal, attachments, additions,placement, or change
in, under, or upon the MFU that prevents or otherwise reduces ready
mobility is prohibited.
(i) An MFU will be required to come, on an annual basis or as
often as required,to a location designated by the regulatory
authority as proof that the MFU is readily moveable.
(J) The regulatory authority requires an MFU to come to a location
designated by the regulatory authority. The mobile unit must be totally
operable at time of inspection, including handwash facilities, warewashing
facilities,refrigeration, and wastewater disposal. Required documentation
to have available includes:
(i) Certified Food Protection Manager Certification.
(ii) A signed letter of authorization is required,to verify
facility use, if the central preparation facility is not owned by the
mobile unit operator, known as a Central Preparation Facility
Authorization
(iii) A copy of the most current health inspection of the central
preparation facility must be maintained on the mobile unit at all
times, known as a Central Preparation Facility Inspection Report.
(iv) A signed letter of authorization may be required by the
regulatory authority to verify service area use, if the servicing area
is not owned by the mobile unit operator, known as a Servicing
Area Authorization.
(v) A menu of all food items to be sold.
(K) An MFU shall provide only single service articles for use by the
consumer.
(L) Equipment, numbers, and capacities.
(i) Equipment for cooling and heating food, and holding cold
and hot food, shall be sufficient in number and capacity to provide
food temperatures as specified under Food Code, Chapter 3 - Food.
(ii) Manual warewashing, sink compartment requirements.
1 A sink with at least three compartments shall be
provided for manually washing, rinsing, and sanitizing
equipment and utensils as specified in Food Code,
Paragraph 4-301.12(A).
2 Sink compartments shall be large enough to
accommodate immersion of the largest equipment and
utensils as specified in Food Code, Paragraph 4-301.12(B).
(iii) At least one handwashing sink shall be available for
convenient use by employees and properly provisioned in
accordance with Food Code, §6-301.11-12.
(M) MFU water systems shall meet the requirements of Food Code,
Part 5-3.
(N) MFU drinking water tank shall meet the requirements of Food
Code, §5-303.13.
(i) Fill hose and water holding tank shall be labeled as
"Potable Water."
(ii) Drinking water in an MFU holding tank shall be tested for
contamination by sampling upon request by the regulatory
authority.
(0) Sewage and other liquid waste.
(i) If liquid waste results from operation of an MFU, the waste
shall be stored in a permanently installed retention tank for waste
retention.
(ii) A leak-proof sewage holding tank in an MFU shall meet
the requirements of Food Code, §5-401.11 for capacity and
drainage.
(iii) All connections on the vehicle for servicing the MFU waste
disposal facilities shall be of a different size or type than those
used for supplying potable water to the MFU.
(iv) Discharge liquid waste shall not be discharged from the
retention tank while the MFU is in motion.
(v) Flushing a waste retention tank shall meet the requirements
of Food Code, §5-402.15.
(vi) Removing MFU wastes shall meet the requirements of
Food Code, §5-402.14.
(vii) Liquid waste holding tank shall be labeled as "waste
water."
(P) MFU water and wastewater exemption.
(i) A roadside vendor that sells only prepackaged food is
exempt from the requirements of this division relating to water and
wastewater.
(ii) An MFU that prepares food requiring no water for
operations and no hand contact with food is exempt from the
requirements of this division relating to water and wastewater if
the required cleaning and sanitization equipment exists at its
central preparation facility. Chemically treated towelettes for
handwashing may be used as specified in Food Code, Paragraph 5-
203.11(C).
(Q) Toilet rooms, convenience and accessibility. Toilet rooms shall be
conveniently located and accessible to employees during all hours of
operation.
(2) Central preparation facility.
(A) An MFU shall operate from a central preparation facility,
commissary or other fixed food establishment and shall report to such
location daily for supplies, cleaning, and servicing operations.
(B) The central preparation facility or other fixed food establishment,
used as a base of operation for an MFU, shall be constructed and operated
in compliance with the requirements of Food Code, Chapter 6 -Physical
Facilities.
(C) Once a food establishment agrees to become a central preparation
facility for a mobile food unit, the food establishment will receive an
inspection by the regulatory authority.
(D) An overall score of 90 with no demerits in items 1-5 and 13-14 of
the inspection report will be required for approval to become a central
preparation facility for a mobile food unit.
(E) All mobile food units must return to the central preparation
facility/commissary at least once per day of operation for one performance
of all servicing operations. Servicing operations include but are not limited
to:
(i) Cleaning of the mobile food unit;
(ii) Restocking supplies as necessary; and
(iii) Thorough flushing and draining of the waste retention tank
(F) Upon request the operator of a mobile food unit must be able to
provide written proof that the mobile food unit has been servicing at a
central preparation facility on a daily basis.
(i) These servicing records must be maintained in duplicate,
with one copy in the mobile food unit at all times and the other
copy kept at the central preparation facility.
(ii) Each servicing record must be kept and maintained for two
years from the date of servicing.
(iii) Failure to obtain servicing on a daily basis or failure to
maintain servicing records will result in the immediate closure of
the mobile food unit operations and the issuance of a citation to the
central preparation facility.
(G) The central preparation facility will be required to provide the
following services to mobile food unit(s):
(i) Adequate facility for storage of food utensils and other
supplies.
(ii) Adequate facility for the disposal of garbage and liquid
wastes.
(iii) Potable water for filling water tanks.
(iv) Hot and cold water under pressure for cleaning and
sanitizing.
(v) Approved janitorial sink,toilet, utensil washing, and
handwashing facilities with single service soap and paper towels in
dispensers.
(vi) Maintenance of a daily log sheet signed by central
preparation facility/commissary owner to verify mobile food unit's
daily use of facility.
(H) As a part of the central preparation facility's inspection,the health
inspector will review the assigned mobile food unit's servicing log.
Failure to maintain this log accurately will result in immediate closure of
the mobile food unit and a court citation of the central preparation facility.
(I) This central preparation agreement will not be required of a mobile
food unit operating as an extension of a permitted restaurant in the city
limits of Beaumont.
(J) An affidavit from the owner of the central preparation facility must
be provided as proof that the mobile food unit is servicing at the central
preparation facility as required.
(3) Outdoor servicing area and operations.
(A) Protection.
(i) An MFU servicing area shall include at least overhead
protection for any supplying, cleaning, or servicing operation.
Those areas used only for the loading of water or the discharge of
sewage and other liquid waste, through the use of a closed system
of hoses, need not be provided with overhead protection.
(ii) Within the servicing area,the location provided for the
flushing and drainage of liquid wastes shall be separate from the
location provided for potable water servicing and for the loading
and unloading of food and related supplies.
(iii) A servicing area will not be required where only packaged
food is placed on the MFU or where an MFU does not contain
waste retention tanks.
(iv) The surface of the servicing area shall be constructed of a
smooth nonabsorbent material, such as concrete or machine-laid
asphalt and shall be maintained in good repair, kept clean, and be
graded to drain.
(v) Potable water servicing equipment shall be installed in the
servicing area according to the Plumbing Code and shall be stored
and handled in a way that protects the water and equipment from
contamination.
(vi) Mobile food units may erect a tent, or attach a tent-like
awning to the side of their unit,but are not allowed to utilize any
adjacent building as a dining or working area.
(vii) Mobile food units may purge their crawfish at their central
preparation facility.
(viii) Mobile food unit operators are required to dump their
wastewater within a 24-hour period or more frequently as
necessary. If at any time the wastewater tank becomes full,the
operation shall be closed to allow for the transport and dumping of
the wastewater at the central preparation facility.
(ix) Mobile food units must be located on a paved surface and
located within 500 feet of an available public restroom facility for
use during hours of operation.
(x) An affidavit showing proof of consent to locate on
premises where the unit will operate must be available upon
request.
(xi) All mobile food establishments shall move and vacate the
premises of the business location on a daily basis; overnight
parking at the business location is prohibited. At the end of each
business day,the mobile food establishment shall return to the
central preparation facility/commissary for servicing and storage.
If storage is not allowed at the central preparation
facility/commissary,the mobile food unit must be stored at a
rented storage space, where mobile food units may park overnight,
until the next business day
(B) The construction of the walls and ceilings of the servicing area is
exempted from the provisions of Food Code, §6-201.11.
(b) Temporary Food Establishments
(1) The regulatory authority may impose additional requirements to protect
against health hazards related to the conduct of the temporary food establishment,
may prohibit the sale of some or all time and temperature control for safety foods
(TCS foods), and, when no health hazard will result, such as children's
neighborhood beverage stands, may waive or modify requirements of this
division.
(A) Foods that are not prepared on-site or that require extensive
preparation or cooking must be prepared at a licensed food establishment
located within the city limits of the City of Beaumont.
(B) All foods to be prepared and sold during each day of operation
must be purchased same day from a permitted grocery or other retail food
store.
(C) Each temporary establishment shall be required by the regulatory
authority to have at least one person on-site who has a minimum of an
accredited food handler certification.
(2) All food temperature requirements shall be met as contained in Food
Code, Subparts 3-202, 3-401-403, and 3-501, §10.02.003(b) and §10.02.003(d).
(3) Ice that is consumed or that contacts food shall have been made under
conditions meeting the requirements of Food Code, Chapter 3 -Food. The ice
shall be obtained only in blocked, chipped, crushed, or cubed form and in single-
use safe plastic or wet-strength paper bags filled and sealed at the point of
manufacture. Ice for consumption shall be held in the bags until it is dispensed
and be dispensed in a way that protects it from contamination.
(4) Equipment and utensils.
(A) Equipment and utensils shall be designed and constructed to be
durable and to retain their characteristic qualities under normal use
conditions.
(B) Equipment shall be located and installed and cleaned in a way that
prevents food contamination and that also facilitates cleaning of the
temporary food establishment.
(C) Equipment for cooling or heating food and holding cold or hot
food shall be adequate in number and capacity to provide food
temperatures as specified in Food Code, Subparts 3-401-403 and 3-501.
(D) Food-contact surfaces of equipment shall be protected from
contamination by consumers and other sources. Where necessary to
prevent contamination, effective shields for such equipment shall be
provided.
(E) Alternative manual warewashing equipment, such as receptacles
that substitute for the compartments of a three-compartment sink,may be
used when there are special cleaning needs or constraints and the
regulatory authority has approved the use of alternative equipment. Each
compartment shall be large enough to immerse the largest piece of
equipment that will be used. A means to heat water must also be provided.
(5) A temporary food establishment shall provide only single-service articles
for use by the consumer.
(6) Water
(A) Water from an approved source shall be made available in a
temporary food establishment for food preparation, handwashing, and for
cleaning and sanitizing utensils and equipment.
(B) Water does not need to be under pressure but shall come from
approved sources which include:
(i) Commercially bottled drinking water;
(ii) Closed portable water containers;
(iii) Enclosed vehicular water tanks;
(iv) On-premise water storage tanks; or
(v) Piping,tubing or hoses connected to an approved source.
(7) Packaged food may not be stored in direct contact with ice or water if the
food is subject to the entry of water because of the nature of its packaging,
wrapping, or container or its positioning in the ice or water.
(8) All waste water and sewage generated from the temporary food
establishment shall be disposed of through an approved sanitary sewage system
that is:
(A) A public sewage system; or
(B) An individual sewage disposal system that is sized, constructed,
maintained, and operated according to 30 TAC Chapter 285.
(9) Handwashing facilities shall include a container with a spigot that
provides potable, clean, warm-water; a wastewater container; soap; disposable
towels; and a waste receptacle. Handwashing facilities are not required if the only
food items offered are commercially pre-packaged foods that are dispensed in
their original containers.
(10) If graded to drain, a floor may be concrete,machine-laid asphalt, dirt, or
gravel covered with mats,ply-wood, removable platforms, duckboards if covered
with mats, or other suitable materials approved by the regulatory authority, such
as tarps, that effectively control dust and mud.
(11) Ceilings and outer openings of food preparation areas.
(A) Walls and ceilings shall be made of wood, canvas, or other
materials that protect the interior of the establishment from the weather,
windblown dust,birds, and debris.
(B) The outer openings shall be protected against entry of insects and
rodents by:
(i) 16 mesh to 25.4 millimeters (16 mesh to 1 inch) screens;
(ii) Properly designed and installed air curtains; or
(iii) Other effective means.
(C) §10.02.007(b)(11)(B) does not apply if flying insects and other
pests are absent due to the location of the temporary food establishment or
other limiting conditions.
(12) Applicants shall be limited to four(4) Temporary Food Establishment
permits in any twelve (12) month period.No permit shall issue to the same
applicant within 30 days of the issuance of a previous Temporary Permit.
(A) Upon Issuance, a permit will count against the 4 per 12-month
period limit of both the applicant as well as any person present at
the Temporary Food Establishment as required under
§10.02.007(b)(1)(B).
(B) Application for a Temporary Food Establishment permit must be
submitted to the regulatory authority no later than seven(7) days
before the starting date for the period of operation listed in the
application.
(c) Bed and Breakfast
(1) General
(A) A bed and breakfast extended, in addition to licensing with the
applicable regulatory authority, shall comply with the minimum
requirements of this Division if the establishment:
(i) Has more than seven rooms for rent; or
(ii) Provides food service other than breakfast to overnight
guests.
(B) A bed and breakfast food establishment that provides food service
to customers in addition to its overnight guests must comply with the rules
and regulations applicable to retail food establishments, including
licensing with the applicable regulatory authority.
(C) A bed and breakfast limited:
(i) Has seven or fewer rooms for rent;
(ii) Serves only breakfast to overnight guests;
(iii) Is not a retail food establishment; and
(iv) Complies with §10.02.007(c)(2).
(2) The owner or manager shall successfully complete a food manager's
certification course accredited by this department.
(3) Food shall be obtained from approved sources in accordance with Food
Code, Subpart 3-201, §10.02.003(a), and §10.02.003(b), shall be in sound
condition, and be safe for human consumption.
(4) Food preparation and protection
(A) Food shall be prepared and protected in accordance with Food
Code, Chapter 3 - Food.
(B) All food temperature requirements shall be met as contained in
Food Code, Subparts 3-202, 3-401-403, and 3-501, §10.02.003(b), and
§10.02.004(b).
(5) Cleaning and sanitizing
(A) A three-compartment sink shall be used if washing,rinsing, and
sanitizing of utensils and equipment is done manually; or a two-
compartment sink may be utilized if single service tableware is provided,
and if an approved detergent sanitizer is used.
(B) 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 either by chemical or mechanical sanitization.
(6) Employees shall conform to good hygienic practices as required in in
Food Code, Subparts 2-301-304 and 2-401-402.
(7) A restroom shall be available for use by employees.
(8) All equipment and utensils shall be constructed of safe materials and
maintained in good repair.
(9) Handwash sinks
(A) An accessible and conveniently located handwash sink shall be
provided in or immediately adjacent to food preparation areas and
restrooms.
(B) Handwash sinks shall be used for no other purpose than
handwashing.
(10) All food contact surfaces, counters, or work surfaces in the bed and
breakfast establishment shall be smooth, non-absorbent and easily cleanable.
(11) Insect proof/rodent proof
(A) Food service preparation and storage areas shall be constructed and
maintained to prevent the entry of pests and other vermin.
(B) Pesticides and rodenticides shall be applied in accordance with
Food Code, Subpart 7-206.
(12) Equipment shall be provided to maintain time and temperature control for
safety foods (TCS foods) at the temperatures required in accordance with Food
Code, Chapter 3 - Food.
(13) Impervious receptacles shall be provided for storage of garbage and
refuse.
(14) Sewage shall be disposed through an approved facility that is:
(A) A public sewage system; or
(B) An individual sewage disposal system that is sized, constructed,
maintained, and operated according to law in 30 TAC Chapter 285.
(15) Hot and cold water under pressure shall be provided and shall be from an
approved source that meets the standards in accordance with:
(A) State drinking water quality standards in accordance with 30 TAC
§§290.38 -290.47, and 30 TAC §§290.101 -290.114, 290.117 - 290.119,
290.121, and 290.122; or
(B) Private water system standards as provided in 30 TAC Chapter
290, Subchapter F, concerning transient noncommunity water systems.
(d) Outfitter Operations
(1) The regulatory authority may impose additional requirements to protect
against health hazards that may be specific to these operations.
(2) Food supplies, including ice, shall be obtained from approved sources
described in Food Code, §3-201.11-17, §10.02.003(a), and §10.02.003(b). No
home-prepared products shall be offered.
(3) All food temperature requirements shall be met as contained in Food
Code, Subparts 3-202, 3-401-403, and 3-501, §10.02.003(b), and §10.02.003(d).
(4) Food preparation and protection for excursions
(A) Except for §§10.02.007(d)(4)(B)-(D), all food shall be prepared
and protected in central preparation facility and meet requirements
contained in Food Code, Chapter 3 -Food.
(B) Only commercially prepackaged ready-to-eat foods or ready-to-eat
foods that have been prepared and packaged with no cooking at a central
preparation facility may be served.
(C) Raw time and temperature control for safety foods (TCS foods)
may be cooked on-site if cooked and immediately served.
(D) All food must be stored to protect from contamination in
accordance with Food Code, Chapter 3 - Food.
(E) TCS foods that require complex preparation must be served within
the first 24 hours of the excursion departure time.
(F) Leftover food shall not be re-heated or re-served.
(5) Warewashing
(A) Alternative manual warewashing equipment, such as receptacles
that substitute for the compartments of a multi-compartment sink,may be
used for washing and sanitizing utensils when approved by the regulatory
authority.
(B) An outfitter operation without effective facilities for cleaning and
sanitizing tableware shall only provide single-service articles for use by
food employees and consumers.
(6) Ice usage
(A) Ice that is used for cooling food may not be used for human
consumption.
(B) Ice used for human consumption must be stored in a clean
sanitized container that is properly constructed and maintained in good
repair.
(7) Potable water
(A) Potable water shall be used on excursions for human consumption,
food preparation, handwashing, and for cleaning and sanitizing utensils
and equipment.
(B) Potable water must be stored in a clean sanitized container that is
easily cleanable and in good condition.
(8) Handwashing
(A) Handwashing facilities shall include:
(i) A container with a spigot that can be turned on to allow
potable, clean, water;
(ii) A wastewater container;
(iii) Soap;
(iv) Disposable towels; and
(v) A waste receptacle
(B) Handwashing facilities are not required if the only food items
offered are commercially prepackaged foods that are dispensed in their
original containers.
(9) All equipment and utensils intended for food contact shall be approved for
food use.
(10) Thermometers shall be provided, accurate, and accessible during
excursions.
(11) Impervious receptacles shall be provided for storage of garbage and
refuse.
(12) If food other than pre-packaged ready-to-eat food is being served, at least
one guide or instructor of the outfitter operation who is on the excursion shall
successfully complete a food manager's certification course accredited by this
department.
(13) An outfitter operation must have a central preparation facility as specified
in §10.02.001(b)(20).
(e) Self-Service Food Market
(1) Self-service food markets shall comply with the minimum standards of
this division.
(2) Self-service food markets shall:
(A) Be equipped with 24/7 video surveillance records of consumers
viewing, selecting,handling, and purchasing products that identify these
consumers. Video surveillance records must be maintained and available
for the regulatory authority for a period of 14 calendar days from the date
of the video; and
(B) Provide information to the regulatory authority as to the
responsible party that will be available for routine inspections.
(3) Pre-packaged food sold at a self-service food market shall:
(A) Meet the labeling requirements as specified in Food Code,
Paragraph 3-201.11(C); and
(B) Be tamper evident.
(4) A food specified in Food Code, Paragraphs 3-501.17(A) or(B) or §3-
501.18 shall be discarded if it:
(A) Exceeds the temperature or time specified in Food Code,
Paragraphs 3-501.17(A) and (B), except time that the product is frozen;
(B) Is in a container or package that does not bear an expiration date or
day; or
(C) Is not appropriately marked with a date or day that exceeds the
temperature and time combination as specified in Food Code, Paragraphs
3-501.17(A) and (B).
(5) All self-service food market display-units offering refrigerated,time and
temperature control for safety foods (TCS foods) shall have an automatic shut-off
control or a plan approved by the regulatory authority that prevents the market or
market equipment from dispensing food if:
(A) There is a power failure, mechanical failure, or other condition that
results in failure of the equipment to maintain food temperatures as
specified under Food Code, Chapter 4 - Equipment, Utensils, and Linens;
and
(B) Where a condition specified in §10.02.007(e)(5)(A) occurs, until
the equipment is serviced and restocked with food that has been
maintained at temperatures specified in Food Code, Subparts 3-202, 3-
401-403, and 3-501, §10.02.003(b) and §10.02.003(d).
(6) When a condition specified in §10.02.007(e)(5)(A) occurs,the ambient
temperature may not exceed five degrees Celsius (41 degrees Fahrenheit), or
seven degrees Celsius (45 degrees Fahrenheit) for a unit holding raw shell eggs
only, for more than 30 minutes immediately after the display is filled, serviced, or
restocked.
(7) All self-service food market display-units offering TCS food, shall be:
(A) Equipped with a self-closing door; or
(B) Maintained at five degrees Celsius (41 degrees Fahrenheit), or
seven degrees Celsius (45 degrees Fahrenheit) for raw shell eggs, if it is an
open display unit.
(8) Self-service food markets shall have a sign readily visible from the
automated payment kiosk stating:
(A) The name of the business to whom complaints or comments shall
be addressed;
(B) The address of the business responsible for the market; and
(C) The responsible business's telephone number and email or web
information,when applicable.
(9) When a retail food establishment operating as a self-service food market
incorporates the provision §10.02.007(e), it will not be required to maintain a
person in charge onsite as specified in Food Code, Paragraph 2-101.11(A).
(f) Food establishments listed under §§10.02.007(a)—(e) shall be bound to all
regulations of this code and rules established by the regulatory authority beyond those
listed in their applicable subsection.
10.02.008 Compliance and Enforcement
(a) Use for intended purpose,public health protection.
(1) The regulatory authority shall apply these rules to promote its underlying
purpose, as specified in §10.02.001(a), of safeguarding public health and ensuring
that food is safe,unadulterated, and honestly presented when offered to the
consumer.
(2) In enforcing the provisions of these rules, the regulatory authority shall
assess existing facilities or equipment that were in use before the effective date of
these rules based on the following considerations:
(A) Whether the facilities or equipment are in good repair and capable
of being maintained in a sanitary condition;
(B) Whether food-contact surfaces comply with 4-1401 of the Food
Code); and
(C) Whether the capacities of cooling,heating, and holding equipment
are sufficient to comply with 4-301.11 of the Food Code.
(b) Additional requirements, preventing health hazards,provision for conditions not
addressed
(1) If necessary to protect against public health hazards or nuisances,the
regulatory authority may impose specific requirements in addition to the
requirements contained in these rules that are authorized by law.
(2) The regulatory authority shall document the conditions that necessitate the
imposition of additional requirements and the underlying public health rationale.
The documentation shall be provided to the permit applicant or permit holder and
a copy shall be maintained in the regulatory authority's file for the food
establishment.
(c) Variances
(1) The regulatory authority may grant a variance by modifying or waiving
the requirements of these rules if in the opinion of the regulatory authority a
health hazard or nuisance will not result from the variance. If a variance is
granted,the regulatory authority shall retain the information specified in
§10.02.008(c)(2) in its records for the food establishment.
(2) Before a variance from a requirement of these rules is approved,the
information that shall be provided by the person requesting the variance and
retained in the regulatory authority's file on the food establishment includes:
(A) A statement of the proposed variance of the rule requirement citing
relevant rule section numbers;
(B) An analysis of the rationale for how the potential public health
hazards and nuisances addressed by the relevant rule sections will be
alternatively addressed by the proposal; and
(C) A HACCP plan if required as specified in §10.02.008(d)(1)(A)that
includes the information specified in §10.02.008(d)(2)(A), as it is relevant
to the variance requested.
(3) If the regulatory authority grants a variance as specified in
§10.02.008(a)(1), or a HACCP plan is otherwise required as specified in
§10.02.008(d)(1),the food establishment shall:
(A) Comply with the HACCP plans and procedures that are submitted
and approved as specified in §10.02.008(d)(2) as a basis for the
modification or waiver; and
(B) Maintain and provide to the regulatory authority, upon request,
records specified in §§10.02.008(d)(2)(D) and (E) that demonstrate that
the following are routinely employed:
(i) Procedures for monitoring critical control points;
(ii) Monitoring of the critical control points;
(iii) Verification of the effectiveness of an operation or process;
and;
(iv) Necessary corrective actions if there is failure at a critical
control point.
(d) HACCP plan requirements.
(1) When a HACCP plan is required.
(A) Before engaging in an activity that requires a HACCP plan, a food
establishment shall submit to the regulatory authority for approval a
properly prepared HACCP plan as specified under §10.02.008(d)(2) and
the relevant provisions of these rules if:
(i) Submission of a HACCP plan is required according to law;
(ii) A variance is permitted under Food Code 3-401.11(B)-(D)
or 3-502.11, or required under 3-502.11 or 4-204.110(B); or
(iii) The regulatory authority determines that a food preparation
or processing method requires a variance based on an inspectional
finding or a variance request.
(B) A food establishment shall have a properly prepared HACCP plan
as specified under 3-501.12 of Food Code.
(2) For a food establishment that is required under §10.02.008(d)(1)to have a
HACCP plan,the plan and specifications shall indicate:
(A) Categorization of the types of potentially hazardous foods that are
specified in the menu such as soups and sauces, salads, and bulk, solid
foods such as meat roasts, or of other foods that are specified by the
regulatory authority;
(B) A flow diagram by specific food or category type identifying
critical control points and providing information on the following:
(i) Ingredients, materials, and equipment used in the
preparation of that food; and
(ii) Formulations or recipes that delineate methods and
procedural control measures that address the food safety concerns
involved;
(C) Food employee and supervisory training plan that addresses the
food safety issues of concern;
(D) A statement of standard operating procedures for the plan under
consideration including clearly identifying:
(i) Each critical control point;
(ii) The critical limits for each critical control point;
(iii) The method and frequency for monitoring and controlling
each critical control point by the food employee designated by the
person in charge;
(iv) The method and frequency for the person in charge to
routinely verify that the food employee is following standard
operating procedures and monitoring critical control points;
(v) Action to be taken by the person in charge if the critical
limits for each critical control point are not met; and
(vi) records to be maintained by the person in charge to
demonstrate that the HACCP plan is properly operated and
managed; and
(E) Additional scientific data or other information, as required by the
regulatory authority, supporting the determination that food safety is not
compromised by the proposal.
(e) The regulatory authority shall treat as confidential in accordance with the
requirements of the Public Information Act, Texas Government Code, Chapter 552,
information that meets the criteria specified in law for a trade secret and is contained on
inspection report forms and in the plans and specifications submitted as specified in
§10.02.008(d)(2).
(f) A person may not operate a food establishment without a valid permit or license
to operate issued by the regulatory authority.
(g) Upon acceptance of the permit issued by the regulatory authority, the permit
holder in order to retain the permit shall:
(1) Post the permit in a location in the food establishment that is conspicuous
to consumers;
(2) Comply with the provisions of these rules including the conditions of a
granted variance as specified under §10.02.008(c)(3);
(3) If a food establishment is required under §10.02.008(d)(1)to operate
under a HACCP plan, comply with the plan as specified under §10.02.008(c)(3);
(4) Immediately contact the regulatory authority to report an illness of a food
employee due to Norovirus, Salmonella typhi, Shigella spp., Shiga toxin-
producing Escherichia coli, or hepatitis A virus
(5) Immediately discontinue operations and notify the regulatory authority if
an imminent health hazard may exist as specified under §10.02.008(k);
(6) Allow representatives of the regulatory authority access to the food
establishment as specified under §10.02.008(i)(1);
(7) Except as specified under §10.02.008(g)(8),replace existing facilities and
equipment specified in §10.02.008(a) with facilities and equipment that comply
with these rules if:
(A) The regulatory authority directs the replacement because the
facilities and equipment constitute a public health hazard or nuisance or no
longer comply with the criteria upon which the facilities and equipment
were accepted;
(B) The regulatory authority directs the replacement of the facilities
and equipment because of a change of ownership; or
(C) The facilities and equipment are replaced in the normal course of
operation;
(8) Upgrade or replace countertop, under-counter and open-top refrigeration
units located in the food preparation area as specified under FDA 2017 Food
Code 3-501.16, if the circumstances specified under §§10.02.008(g)(7)(A) - (C)
do not occur first;
(9) Comply with directives of the regulatory authority including time frames
for corrective actions specified in inspection reports,notices, orders, warnings,
and other directives issued by the regulatory authority in regard to the permit
holder's food establishment or in response to community emergencies;
(10) Accept notices issued and served by the regulatory authority according to
law; and
(11) Be subject to the administrative, civil, injunctive, and criminal remedies
authorized in law for failure to comply with these rules or a directive of the
regulatory authority, including time frames for corrective actions specified in
inspection reports, notices, orders, warnings, and other directives.
(12) Established listed under §10.02.007 shall be subject to §10.02.008(g).
(h) Regulatory authority should inspect each food establishment at least once every
six months. If the regulatory authority cannot meet this frequency, inspection frequency
shall be prioritized based upon assessment of a food establishment's history of
compliance with these rules and.the potential for causing foodborne illness by evaluating:
(1) Past performance, for nonconformance with these rules or HACCP plan
requirements that are critical;
(2) Past performance, for numerous or repeat violations of these rules or
HACCP plan requirements that are noncritical;
(3) Past performance, for complaints investigated and found to be valid;
(4) The hazards associated with the particular foods that are prepared, stored,
or served;
(5) The type of operation including the methods and extent of food storage,
preparation, and service;
(6) The number of people served;
(7) Whether the population served is a highly susceptible population; and
(8) Any other risk factor deemed relevant to the operation by the regulatory
authority.
(i) Competency and access
(1) An individual conducting inspections of retail food establishments should
be a Registered Professional Sanitarian in Texas or a Sanitarian-in-Training in
Texas, as defined in 16 Tex. Admin. Code § 119.2 or should meet the FDA
Voluntary National Retail Food Regulatory Program Standards basic curriculum
and field training elements in order to:
(A) Assure application of basic scientific principles, including HACCP
principles of food safety, during inspections;
(B) Properly conduct foodborne illness investigations;
(C) Assure uniformity in the interpretations of these rules; and
(D) Assure fair and uniform enforcement of these rules.
(2) After the regulatory authority presents official credentials and provides
notice of the purpose of, and an intent to conduct, an inspection,the person in
charge shall allow the regulatory authority to determine if the food establishment
is in compliance with these rules by;
(A) Allowing access to the establishment; •
(B) Allowing inspection, and;
(C) Providing information and records specified in these rules and to
which the regulatory authority is entitled according to law during the food
establishment's hours of operation and other reasonable times.
(3) If a person denies access to the regulatory authority, the regulatory
authority shall:
(A) Inform the person that:
(i) The food establishment is required to allow access to the
regulatory authority as specified under this section;
(ii) Access is a condition of the acceptance and retention of a
food establishment permit to operate as specified under
§10.02.008(g)(6); and
(iii) If access is denied, an order issued by the appropriate
authority allowing access,hereinafter referred to as an inspection
warrant,may be obtained according to law; and
(B) Make a final request for access.
(4) If after the regulatory authority presents credentials and provides notice as
specified under §10.02.008(i)(2), explains the authority upon which access is
requested, and makes a final request for access as specified in §10.02.008(i)(3),
the person in charge continues to refuse access,the regulatory authority shall
provide details of the denial of access on an inspection report form.
(5) If denied access to a food establishment for an authorized purpose and
after complying with §10.02.008(i)(2),the regulatory authority may issue, or
apply for the issuance of, an inspection warrant to gain access as provided in law.
(j) Report of findings
(1) The regulatory authority shall document on an inspection report form:
(A) Administrative information about the food establishment's legal
identity, street and mailing addresses, inspection date, and other
information such as status of the permit, and personnel certificates that
may be required; and
(B) Specific factual observations of violative conditions or other
deviations from these rules that require correction by the permit holder
including:
(i) Failure of the person in charge to demonstrate the
knowledge of foodborne illness prevention, application of HACCP
principles, and the requirements of these rules specified under
FDA 2017 Food Code 2-102;
(ii) Failure of food employees and the person in charge to
demonstrate their knowledge of their responsibility to report a
disease or medical condition as specified under Food Code 2-201;
(iii) Nonconformance with critical items of these rules;
(iv) Failure of the appropriate food employees to demonstrate
their knowledge of, and ability to perform in accordance with,the
procedural,monitoring, verification, and corrective action
practices required by the regulatory authority as specified under
§10.02.008(c)(3);
(v) Failure of the person in charge to provide records required
by the regulatory authority for determining conformance with a
HACCP plan as specified under §10.02.008(d)(2)(D)(vi); and
(vi) Nonconformance with critical limits of a HACCP plan; and
(C) A summary of the inspectional findings that totals weighted
demerit values for the inspection items.
(2) The regulatory authority shall specify on the inspection report form the
time frame for correction of the violations as specified under §10.02.008(k)(1),
§10.02.008(1)(1), and §10.02.008(m).
(3) At the conclusion of the inspection and according to law,the regulatory
authority shall provide a copy of the completed inspection report and the notice to
correct violations to the permit holder or to the person in charge, and request a
signed acknowledgment of receipt.
(4) If any person refuses to sign acknowledgment, the regulatory authority
shall:
(A) Inform a person who declines to sign an acknowledgment of
receipt of inspectional findings as specified in §10.02.008(j)(3)that:
(i) An acknowledgment of receipt is not an agreement with
findings;
(ii) Refusal to sign an acknowledgment of receipt will not
affect the permit holder's obligation to correct the violations noted
in the inspection report within the time frames specified; and
(iii) A refusal to sign an acknowledgment of receipt is noted in
the inspection report and conveyed to the regulatory authority's
historical record for the food establishment; and
(B) Make a final request that the person in charge sign an
acknowledgment receipt of inspectional findings.
(5) Except as specified in §10.02.008(e), the regulatory authority shall treat
the inspection report as a public document and shall make it available for
disclosure to a person who requests it as provided in law.
(6) For the purposes of Chapter 437, Texas Health and Safety Code,the
department adopts the Retail Food Establishment Inspection Report form as
specified in the following figure.
(7) Every food service establishment in the City of Beaumont except
temporary food service establishments and retail food establishments, shall;
(A) Display at the entrance of the food establishment, a placard
approved by the regulatory authority stating the sanitary condition
received at the time of the most recent inspection of the establishment.
(B) Immediately following each inspection of a food service
establishment, the regulatory authority shall issue an appropriate notice in
accordance with §10.02.008(j).
(C) Sanitary conditions of establishments shall be:
(i) 100-90 being deemed an A letter grade;
(ii) 89-80 being deemed a B letter grade;
(iii) 79-75 being deemed a C letter grade;
(iv) 74-70 being deemed a D letter grade;
and any grade below 70 reguires immediate closure and a follow-
up inspection.
(k) Imminent health hazard.
(1) Ceasing operations and reporting.
(A) Except as specified in §10.02.008(k)(1)(B), a food establishment
shall immediately discontinue operations and notify the regulatory
authority if an imminent health hazard may exist because of an emergency
such as a fire, flood, extended interruption of electrical or water service,
sewage backup, misuse of poisonous or toxic materials, onset of an
apparent foodborne illness outbreak, gross insanitary occurrence or
condition, or other circumstance that may endanger public health.
(B) A permit holder need not discontinue operations in an area of an
establishment that is unaffected by the imminent health hazard.
(2) If operations are discontinued as specified under §10.02.008(k)(1) or
otherwise according to law, the permit holder shall obtain approval from the
regulatory authority before resuming operations.
(1) Critical violations, time frame for correction
(1) Timely correction.
(A) Except as specified in §10.02.008(1)(1)(B),the food establishment
shall at the time of inspection implement immediate corrective actions of a
critical violation of these rules and implement corrective actions for a
HACCP plan provision that is not in compliance with its critical limit.
(B) Considering the nature of the potential hazard involved and the
complexity of the corrective action needed,the regulatory authority may
agree to or specify a longer time frame, not to exceed 10 calendar days
after the inspection, for the food establishment to correct critical rule
violations or HACCP plan deviations.
(2) Verification and documentation of correction
(A) After observing at the time of inspection a correction of a critical
violation or deviation, the regulatory authority shall enter the violation and
information about the corrective action on the inspection report.
(B) As specified under §10.02.008(1)(1)(B), after receiving notification
that the food establishment has corrected a critical violation or HACCP
plan deviation, or at the end of the specified period of time, the regulatory
authority shall verify correction of the violation, document the information
on an inspection report, and enter the report in the regulatory authority's
records.
(C) When the total cumulative demerit value of an establishment
exceeds 30 demerits,the establishment shall initiate immediate corrective
action on all identified critical violations and shall initiate corrective
action on all other violations within 48 hours. One or more reinspections
shall be conducted at reasonable time intervals to assure correction.
(D) In the case of temporary food establishments, all critical violations
must be corrected immediately and other violations must be corrected
within 24 hours or sooner if required by the regulatory authority. If
violations are not corrected,the establishment shall immediately cease
food operations until authorized to resume by the regulatory authority.
(m) Other violations, time frame for correction.
(1) Except as specified in §10.02.008(m)(2),the food establishment shall
correct other violations by a date and time agreed to or specified by the regulatory
authority but no later than 90 calendar days after the inspection.
(2) The regulatory authority may approve a compliance schedule that extends
beyond the time limits specified under §10.02.008(m)(1) if a written schedule of
compliance is submitted by the food establishment and no health hazard exists or
will result from allowing an extended schedule for compliance.
(n) The regulatory authority may examine and collect samples of food as often as
necessary for the enforcement of these rules. A receipt for samples shall be issued by the
regulatory authority. The department shall, upon written notice to the owner or person in
charge specifying the reason therefore,place under detention any food which it has
probable cause to believe is adulterated or misbranded in accordance with the provisions
of the Texas Food, Drug, and Cosmetic Act, Texas Health and Safety Code, Chapter 431.
(o) Investigation and control.
(1) The regulatory authority shall act when it has reasonable cause to believe
that a food employee has
(A) Possibly transmitted disease;
(B) May be infected with a disease in a communicable form that is
transmissible through food;
(C) May be a carrier of infectious agents that cause a disease that is
transmissible through food; or is affected with a boil, an infected wound,
or acute respiratory infection, by:
(i) Securing a confidential medical history of the employee
suspected of transmitting disease or making other investigations as
deemed appropriate; and
(ii) Requiring appropriate medical examinations, including
collection of specimens for laboratory analysis, of a suspected
employee and other employees.
(2) Based on the findings of an investigation related to a food employee who
is suspected of being infected or diseased,the regulatory authority may issue an
order to the suspected food employee or permit holder instituting one or more of
the following control measures:
(A) Restricting the food employee;
(B) Excluding the food employee; or
(C) Closing the food establishment by summarily suspending a permit
to operate in accordance with law.
(3) Based on the findings of the investigation as specified in §10.02.008(o)(1)
and to control disease transmission,the regulatory authority may issue an order of
restriction or exclusion to a suspected food employee or the permit holder without
prior warning, notice of a hearing, or a hearing if the order:
(A) states the reasons for the restriction or exclusion that is ordered;
(B) states the evidence that the food employee or permit holder shall
provide in order to demonstrate that the reasons for the restriction or
exclusion are eliminated;
(C) states that the suspected food employee or the permit holder may
request an appeal hearing by submitting a timely request as provided in
law; and
(D) provides the name and address of the regulatory authority
representative to whom a request for an appeal hearing may be made.
(4) The regulatory authority shall release a food employee from restriction or
exclusion according to Texas Health and Safety Code, Chapter 438, §438.033,
and the following conditions:
(A) A food employee who was infected with Salmonella typhi if the
food employee's stools are negative for S. typhi based on testing of at least
three consecutive stool specimen cultures that are taken:
(i) Not earlier than one month after onset;
(ii) At least 48 hours after discontinuance of antibiotics; and
(iii) At least 24 hours apart;
(B) If one of the cultures taken as specified in §VIII(o)(4)(A) of this
paragraph is positive, repeat cultures are taken at intervals of one month
until at least three consecutive negative stool specimen cultures are
obtained;
(C) A food employee who was infected with Shigella spp. or Shiga
toxin-producing Escherichia coli if the employee's stools are negative for
Shigella spp. or Shiga toxin-producing Escherichia coli based on testing of
two consecutive stool specimen cultures that are taken:
(i) Not earlier than 48 hours after discontinuance of
antibiotics; and
(ii) At least 24 hours apart; and
(D) A food employee who was infected with hepatitis A virus if:
(i) Symptoms cease; or
(ii) At least two blood tests show falling liver enzymes.
(p) Reporting of communicable diseases.
(1) Certain persons, as required in §97.2 of the Tex. Admin. Code, shall report
certain confirmed and suspected foodborne diseases.
(2) Confirmed and suspected cases of the following diseases, including, but
not limited to the following, are reportable: botulism; campylobacteriosis;
cryptosporidiosis; Escherichia coli 0157:H7; hepatitis A, acute viral; listeriosis;
salmonellosis; shigellosis;trichinosis; and Vibrio infection.
(3) Reporting of communicable diseases shall be done in accordance with
§97.4 of the Tex. Admin. Code.
(4) Persons required to report communicable diseases shall report to the local
health authority, or in the case where there is no local health authority, the report
shall be made to the department's Regional Director as required in §97.5 of the
Tex. Admin. Code.
(5) Local health authorities and regional directors shall report communicable
diseases to the department as provided for in §97.6 of the Tex. Admin. Code.
Sec. 10.02.009-10.02.030 Reserved
Division 2. Licenses!
Sec. 10.02.031 Issuance; standard fees
(a) Upon approval of the application of all applicants, as filed with the health
department,the health department shall issue to the applicant a license or permit.
(b) The amount of the license fees for applicants for each location, other than as
otherwise provided in this article, shall be determined as follows:
(1) Establishments having from zero to ten(10) stools or chairs: $150.
(2) Establishments having from eleven(11)to twenty (20) stools or chairs:
$225.
(3) Establishments having from twenty-one (21) to thirty (30) stools or chairs:
$250.
(4) Establishments having from thirty-one (31)to fifty (50) stools or chairs:
$275.
(5) Establishments having from fifty-one (51)to seventy-five (75) stools or
chairs: $300.
(6) Establishments having from seventy-six (76)to one hundred (100) stools or
chairs: $325.
(7) Over one hundred and one(101) stools $350.
(10) Special food service establishments (per day): $220.00.
(11) Temporary food service permit(per day): $30. Each additional day of the
temporary permit a$15 fee will be charged. A$15 fee will be charged if the application is
turned in less than a week in advance of the proposed event
(12) Establishments needing vending machine licenses: $55.00.
(13) Establishments needing seafood/wholesale licenses: $44.00.
(14) Establishments needing seafood/retail licenses: $22.00.
(15) Establishments needing produce/wholesale licenses: $55.00.
(16) School cafeterias,public or parochial: $55.00.
(17) Seasonal food service establishments: $82.50.
(18) Retail food stores with zero (0)to two (2) checkout counters: $192.50.
(19) Retail food stores with three (3)to five (5) checkout counters: $247.50.
(20) Retail food stores with six (6)to nine (9) checkout counters: $302.50.
(21) Retail food stores with ten(10) or more checkout counters: $357.50.
(22) Low risk mobile unit(per year): $100.
(23) High risk mobile unit(per year): $250.
(c) Nonprofit organizations which are youth oriented or elderly oriented shall pay a
license fee which is fifty (50)percent of the fees established above in §§10.02.031(b)(1) -
(15). The term"youth oriented" shall mean nonprofit organizations which provide
services to persons more than fifty (50)percent of whom are less than eighteen(18) years
of age. The term"elderly oriented" shall mean nonprofit organizations which provide
services to persons more than fifty (50)percent of whom are sixty-five (65) years of age
or older. The term"nonprofit organizations" shall mean those organizations which have
been granted an exemption or are exempt from the payment of federal income taxes.
(d) Retail food stores that have an existing city-licensed food service facility shall pay
a license fee which is fifty (50) percent of the fees established above in
§§10.02.031(b)(18) - (21).
(1958 Code, secs. 14-9, 14-20; Ordinance 83-120, sec. 1, adopted 9/27/83; Ordinance 84-15, sec.
1, adopted 1/17/84; Ordinance 84-32, sec. 7, adopted 2/14/84; Ordinance 84-146, sec. 3, adopted
11/13/84; Ordinance 85-57, sec. 1, adopted 5/28/85; Ordinance 00-05, sec. 1, adopted 1/4/00;
Ordinance 03-104, sec. 1, adopted 12/9/03; 1978 Code, sec. 11-4; Ordinance 07-025, sec. 3,
adopted 3/20/07; Ordinance adopting Code)
Sec. 10.02.032 When fees chargeable; proration of fees; expiration
The annual license fee shall be chargeable on all licenses issued after the first day of
January up to and including the thirty-first (31st) day of July of each year, and one-half
the annual fee for all licenses issued after the thirty-first day of July and through the
thirty-first day of December of each year except for seasonal, special event and
temporary food service establishments. All licenses shall expire on the thirty-first day of
December of each year. Annual renewal fees for established businesses that are not
received by January 31 are considered late. Late payments are subject to an additional 25
percent penalty on February 1 and an additional 5 percent penalty will be charged for
each subsequent month, until payment is received.
(1958 Code, secs. 14-10, 14-21; Ordinance 84-146, sec. 4, adopted 11/13/84; 1978 Code, sec. •
11-5; Ordinance 07-025, sec. 4, adopted 3/20/07)
Sec. 10.02.033 Display
Each person required to pay for a license hereunder shall keep such license displayed in a
conspicuous place in each establishment operated.
(1958 Code, sec. 14-14; 1978 Code, sec. 11-6)
Secs. 10.02.034-10.02.060 Reserved
Division 3. Fruit and Vegetable Wholesalers
Sec. 10.02.061 License required; application
(a) Every person,before opening, maintaining or operating an establishment for sale
at wholesale of fruits and vegetables, or for the wholesale distribution thereof, shall make
application for license for such business upon a blank to be furnished by the health
authority of this city, in which application the applicant shall give the following
information:
(1) Residence and business addresses of the applicant.
(2) Number of establishments to be maintained and operated.
(3) Nature of business and location thereof.
(4) Method of distribution to be used.
(1958 Code, sec. 14-11; 1978 Code, sec. 11-7)
Sec. 10.02.062 Inspection of premises prior to issuance of license
After filing such application for a license, it shall be the duty of the health authority of the
city to make an inspection of the premises in which the applicant desires to conduct his
establishment, and no license shall be issued to such person unless the building in which
the business is to be conducted is constructed in accordance with the building code of the
city and contains floors of concrete connected with floor drains so that the same may be
easily cleaned. Such premises shall be properly ventilated, and the walls of such
premises, and the benches,tables and other furniture therein, shall be built and
constructed in such manner that they can be easily kept clean. Such premises shall
contain sufficient and adequate refrigeration, and all plumbing and plumbing fixtures
shall comply with the plumbing code of the city, and such premises shall be equipped
with sanitary toilets as required by the laws of the state. Such premises shall be equipped
with washbasins, with individual or paper towels available in such toilets, and dirty
unused clothing shall not be permitted to be stored or kept in any room in such premises
where such fruit and vegetable products are cleaned, stored,packed,prepared for or
offered for sale.
(1958 Code, sec. 14-12; 1978 Code, sec. 11-8)
Sec. 10.02.063 Issuance; fee; transfer
Upon filing of such application to sell fruits or vegetables at wholesale, satisfactory
inspection of the premises and paying the health authority a license fee of fifty dollars
($50.00),the health authority shall issue a license to the applicant to operate such
establishment for and during the current year for which such license is issued,which
license shall not be transferred. In case such license is issued for only a remaining portion
of such year,the fee charged shall be proportionately reduced; provided,however,the
minimum fee to be paid hereunder shall be the sum of twenty-five dollars ($25.00).
(1958 Code, sec. 14-13; 1978 Code, sec. 11-9)
Sec. 10.02.064 Construction of delivery vehicles
All vehicles or conveyances used for distributing or delivering fruit or vegetables must be
so constructed as to protect such fruit or vegetables from flies, dirt, dust or other filth.
(1958 Code, sec. 14-3; 1978 Code, sec. 11-10)
Secs. 10.02.065-10.02.090 Reserved
Division 4. Seafood Businesses
Sec. 10.02.091 License required
It shall be unlawful for any person to sell or offer for sale, or distribute, at wholesale or
retail, from a fixed place of business within the city any fish, oysters, shrimp, lobsters,
crabs, crayfish,turtles,terrapins and clams, in any manner, without first obtaining a
license for the sale thereof; provided,however,that said license shall not be required of
any person selling such marine life outlined above for on-premises consumption.
(1958 Code, sec. 14-15; 1978 Code, sec. 11-11)
Sec. 10.02.092 Application for license
(a) Every person, before opening,maintaining or operating such an establishment for
any of the purposes stated in 10.02.091, or in any manner selling or distributing or
offering for sale or distribution,personally or otherwise, any fish, oysters, shrimp,
lobsters, crabs, crayfish,turtles,terrapins and clams at wholesale or retail, shall make
application for each establishment to be so maintained and operated by the applicant,
upon a blank to be furnished by the health authority, and in which application the
applicant shall give the following information:
(1) Residence and business addresses of the applicant;
(2) Number of establishments to be maintained and operated;
(3) Nature of business;
(4) Whether wholesale or retail;
(5) Name of the owner of such establishment;
(6) Name under which it is to be operated.
(1958 Code, sec. 14-16; Ordinance 84-32, sec. 4, adopted 2/14/84; 1978 Code, sec. 11-12)
Sec. 10.02.093 Classes of licenses; fees; term
(a) There shall be two (2) classes of licenses for establishments named in 10.02.091,
issued by the regulatory authority, said classes of licenses as follows:
(1) Upon proper application,and after the applicant has complied with the provisions
contained in 10.02.094 hereof, the regulatory authority shall issue to any person a fish
wholesaler's license, upon payment by the person to the regulatory authority of the fee
established by 10.02.031 herein; provided, however, under the terms of such license,
the person shall not be allowed to peddle from store to store but his sales must be made
directly either by delivery upon a previously executed order or directly from his place
of business. Nothing in this section shall prohibit any person from making delivery to
any retail store in the city,provided such delivery is made in pursuance of a previously
executed order from the merchant or retail establishment.
(2) Upon proper application, and after the applicant has complied with the provisions
contained in 10.02.094,the regulatory authority shall issue to any person a fish retailer's
license upon payment by the person to the regulatory authority of the fee established
by 10.02.031 herein; provided, however, under the terms of such license, the person
shall not be allowed to peddle from store to store or from house to house or upon the
streets of the city, but his sales must be made directly, either by delivery upon a
previously executed order, or directly from his place of business.
(b) The licenses provided in 10.02.091 shall be for the period of the calendar year,
regardless of the date of issuance,unless sooner revoked.
(1958 Code, sec. 14-17; Ordinance 84-32, sec. 5, adopted 2/14/84; 1978 Code, sec. 11-13)
Sec. 10.02.094 Inspection prior to issuance of license
After filing such application for a license, it shall be the duty of the health authority of the
city to make an inspection of the premises in which the applicant desires to conduct his
establishment, and no license shall be issued to such person unless the building in which
the business is to be conducted is constructed in accordance with the building code of the
city and contains floors of concrete connected with floor drains so that the same may be
easily cleaned. Such premises shall be properly ventilated, and the walls of such
premises, and the benches,tables and other furniture therein, shall be built and
constructed in suchhmanner that they can be easily kept clean. Such premises shall
contain sufficient and adequate refrigeration, and all plumbing and plumbing fixtures
shall comply with the plumbing code of the city, and such premises shall be equipped
with sanitary toilets as required by the laws of the state. Such premises shall be equipped
with washbasins,with individual or paper towels available in such toilets, and dirty
unused clothing shall not be permitted to be stored or kept in any room in such premises
where such marine products are cleaned, stored,packed,prepared for or offered for sale.
(1958 Code, sec. 14-18; 1978 Code, sec. 11-14)
Sec. 10.02.095 Regulations generally
It shall be unlawful to sell or offer for sale, within the city, any fish, oysters, shrimp,
lobsters, crabs,terrapins, turtles, crayfish and clams, which, if taken from the waters
under the jurisdiction of the state, have not been approved by the department of state
health services under the regulations and permit of such department, both as to
preparation and packing for shipment and shipment; or, if such marine products are taken
from the waters under the jurisdiction of any other state, it shall be unlawful to sell or
offer for sale, within the limits of the city, any fish, oysters, shrimp, lobsters, crabs,
turtles,terrapins, crayfish and clams which have not been taken from the waters under the
jurisdiction of the state and approved by the proper authorities of the state, and under the
regulations and permit of the state authorities, and of the United States Public Health
Service, both as to preparation and packing for shipment and shipment, and, in so selling
and offering for sale such marine products, it must be indicated either by certificate or
otherwise from such state authorities that such marine products were taken from the
waters and packed and shipped as approved and required by such regulations.
(1958 Code, sec. 14-5; 1978 Code, sec. 11-15)
Sec. 10.02.096 Refrigeration
The food commodities named in 10.02.095 shall be kept in adequate refrigeration
equipment at not greater than forty (40) degrees Fahrenheit; and when such commodities
are sold, either at wholesale or retail, and the delivery thereof not made at the time of
sale,the same shall be delivered in a sanitary manner, and shall be at a temperature not
greater than fifty (50) degrees Fahrenheit at the point of delivery.
(1958 Code, sec. 14-6; 1978 Code, sec. 11-16)
Sec. 10.02.097 Adulteration of oysters
It shall be unlawful for any person to adulterate oysters,by adding thereto ice, water,
sodium sulphate or any other preservative for the purpose of increasing the quantity of or
preserving such oysters.
(1958 Code, sec. 14-7; 1978 Code, sec. 11-17)
Secs. 10.02.098-10.02.130 Reserved
Division 5. Food Service Manager's Certificate!
Sec. 10.02.131 Reserved
Sec. 10.02.132 Certification required
It shall be unlawful for any person owning, operating, directing, or managing any food
service establishment, catering operation, or any place or vehicle regulated by the city
food service sanitation ordinance where food or drink is manufactured,produced,
processed,prepared, or otherwise manipulated,within the city,to fail to keep in his
employ a manager, assistant manager, supervisor, or other person in charge of said
establishment who has a valid and current food service manager's from an accredited
program approved by the Texas Department of State Health Services.
(Ordinance 84-32, sec. 8, adopted 2/14/84; 1978 Code, sec. 11-82)
Sec. 10.02.133 Exemptions
(a) Food manager certificates will not be required for the following:
(1) Food service establishments providing only beverages, popcorn, prepackaged
foods, or commercially prepared candy or nuts;
(2) Nonprofit organizations except those operating schools, day cares, nursing
homes, halfway houses or boarding homes;
(3) Food service establishments inspected at least once in each week by state or
federal food sanitation inspectors;
(4) Temporary or special event food service establishments; and
(5) or supplying food to vending machines. Per §228.221 of the 2021 Food
Establishment Rules persons operating a mobile food unit must obtain a food managers
certification.
(b) For the purposes of this division, a nonprofit organization shall mean an organization
which has been granted an exemption or is exempt from the payment of federal income
taxes.
(Ordinance 84-32, sec. 8, adopted 2/14/84; Ordinance 84-146, sec. 5, adopted 11/13/84; 1978
Code, sec. 11-83)
Sec. 10.02.134 Issuance
(a) A food service manager's certificate shall be issued to any person who submits the
required issuance fee, and:
(1) Completes foodservice manager's certification course or shows evidence of
completion, within the past five (5) years, of a course of study which is listed in the
department of state health services worker's training program course registry, and
achieves the required minimum score of seventy-five (75)points out of a possible one
hundred (100) points on a written examination administered or approved by the
regulatory authority. An applicant who fails to achieve a minimum score of seventy-
five (75) on the written examination may repeat the examination one (1) time without
repetition of the food sanitation course of study;The City of Beaumont no longer offers
the food managers certification course.
(2) Provides evidence of certification within the past five (5)years by an agency
which administers a national examination determined by the department of state health
services and/or the U.S. Food and Drug Administration to be content valid and legally
reliable; or
(3) Provides an associate's or bachelor's degree, or the equivalent, awarded within
the past five (5) years, in restaurant or hotel and restaurant management from an
accredited college or university.
(Ordinance 84-32, sec. 8, adopted 2/14/84; Ordinance 91-6, sec. 2, adopted 1/15/91; 1978 Code,
sec. 11-84; Ordinance 07-025, sec. 7, adopted 3/20/07)
Sec. 10.02.135 Term; transfer
A food service manager's certificate shall be valid for five (5) years from the date of
issuance. The expiration date will be written on each certificate issued.No certificate
shall be transferable from one person to another person.
(Ordinance 84-32, sec. 8, adopted 2/14/84; Ordinance 91-6, sec. 2, adopted 1/15/91; 1978 Code,
sec. 11-85)
Sec. 10.02.136 Recertification
Per the Texas Department of State Health Services, the food manger certification
examination may be taken at any accredited examination provider or training program.
Certification is valid for five years.
Sec. 10.02.137 Revocation
(a) A food service manager's certificate may be revoked by the regulatory authority on
a finding that any of the following grounds exist:
(1) That the food service manager interfered with an inspection of the food service
establishment by agents of the regulatory authority;
(2) That violations of the city's food service sanitation ordinance exist in the food
service establishment;
(3) That the certified food manager knowingly falsified any information supplied on
an application for certification issued under this division;
(4) That the certified food manager or any employee of the food service
establishment has made use of a food service manager's certificate which has not been
duly issued by the regulatory authority.
(b) Prior to revocation of a food service manager's certificate, the regulatory authority
shall give written notice to the holder of the certificate and to the owner of the food service
establishment in which the food service manager is employed. Such notice shall state:
(1) The grounds upon which the city will seek revocation of the certificate;
(2) That revocation becomes final ten(10) days after notice unless a written request
for hearing is filed with the regulatory authority before expiration of the ten-day period.
(c) The notice required by this division is considered served when it is delivered to the
holder of the certificate, and the owner of the food service establishment, or when it is sent
by registered or certified mail, return receipt requested, to the last known address of the
holder of the certificate and the owner of the food service establishment. A copy of the
notice shall be filed in the records of the regulatory authority.
(d) The hearing provided for in this division shall be conducted by the regulatory
authority at a time and place designated by the regulatory authority. After completion of
the hearing, the officer designated by the regulatory authority to conduct the hearing shall
make written findings as to whether or not the certificate is to be revoked. If the hearing
officer revokes the certificate,written notice of such revocation shall be served on the food
service manager and the owner of the establishment with a copy of the findings. Upon
receiving written notice that the food service manager's certificate has been revoked, the
food service manager shall surrender the certificate to the regulatory authority.
(e) If the food service manager 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
that an act or acts have been committed which constitute grounds for revocation of the
certificate.
(f) In the event a certificate is revoked, the city shall not be liable for any refund of any
part of the fee paid for the certificate.
(g) A person whose food service manager's certificate has been revoked shall not be
granted a new certificate until such person has attended a course of training and passed the
required examination subsequent to the revocation, and met all requirements of an initial
applicant.
(h) Food service manager's certificates remain the property of the city environmental
health division and must be surrendered to the regulatory authority to be voided when the
permit has been revoked.
(Ordinance 84-32, sec. 8, adopted 2/14/84; Ordinance 91-6, sec. 2, adopted 1/15/91; 1978 Code,
sec. 11-87)
Sec. 10.02.139 Certificate to be displayed in establishment
Food service manager certificates shall be prominently posted in the establishment in a
place acceptable to the regulatory authority. (Ordinance 84-32, sec. 8, adopted 2/14/84;
1978 Code, sec. 11-89)
The meeting at which this ordinance was approved was in all things conducted in strict
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of February,
2023. meadd���M°42kl1
�, -Mayor Robin Mouton-
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