HomeMy WebLinkAboutORD 23-013 AORDINANCE NO. 23-013 A
AN ORDINANCE OF THE CITY OF BEAUMONT AMENDING CHAPTER 10, SECTION
10.02 FOOD AND FOOD ESTABLISHMENTS, SUBSECTIONS 10.02.001 GENERAL
PROVISIONS, 10.02.002 MANAGEMENT AND PERSONEL, 10.02.003
FOOD,10.02.003, 10.02.004 WATER PLUMBING AND WASTE, 10.02.005 PHYSICAL
FACILITIES, 10.02.006 POISONOUS OR TOXIC MATERIALS, 10.02.007
REQUIREMENTS APPLICABLE TO CERTAIN ESTABLISHMENTS, 10.02.008
COMPLIANCE AND ENFORCEMENT, 10.02.131 FOOD SERVICE MANAGER'S
CERTIFICATE PURPOSE, 10.02.132 CERTIFICATION REQUIRED, 10.02.134
ISSUANCE, 10.02.135 TERM;TRANSFER, 10.02.136 RENEWAL, 10,02,138 FEES,
AND ADDING SUBSECTIONS 10.02.009 ADOPTION OF THE U.S. PUBLIC HEALTH
SERVICE MACHINE VENDING ORDINANCE, AND 10.02,010 PEDDLING, SELLING
CERTAIN ITEMS IN PUBLIC PLACES PROHIBITED.
ARTICLE 10.02 FOOD AND FOOD ESTABLISHMENTS
Division 1, Rules On Food Service Sanitation
SEC 10.0Z001 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(13)(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 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.
(14) 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 (TC5 food), as
defined in 25 TAC §229.661 (b)(1 3);
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;
0 A dried herb or dried -herb mix;
O Plant -based acidified canned goods;
• Fermented vegetable products, including products that are refrigerated to
preserve duality;
• 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)(1 3).
(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,
ncluding 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;
0 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 perform 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 TAG §§241.50 - 241.71.
(c) Buffet 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.O2.005 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.
(1) 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 feast 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 wafer 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 facilitylcommissary
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.
(1) 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 handier
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, Buckboards 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) §1 0.02.007(b)(1 1)(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 sanitizes 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 TAG 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 TAG §§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 TAG 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 prepackaged 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 2417 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 § 1 0.02.007(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 flood 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 I nformation,
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 M8 (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 H ACCP
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:
(1) 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.
0) 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 §10.02.0080)(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 .0080).
(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 requires
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. 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 0157:1-17; 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 Adoption of U.S. Public Health Service Machine Vending
Ordinance.
The definitions, the requiring of permits for the installation and operation of vending
machines, the prohibition of the sale of adulterated or misbranded food or drink, and the
enforcement of this section shall be regulated in accordance with the terms of the
unabridged form of "The Vending of Food and Beverages-1978 Recommended
Sanitation Ordinance of the Food and Drug Administration," a copy of which shall be on
file in the office of the city clerk; provided that the words "municipality of" in said
unabridged form shall be understood to refer to the City of Beaumont and provided
further that sections 6-601 and 6-602 of said unabridged ordinance shall be deemed
deleted.
(1958 Code, sec. 14-19; Ordinance 84-32, sec. 3, adopted 2/14/84; 1978 Code, sec. 11-
2)
Sec. 10.02.010 Peddling, selling of certain items in public places prohibited.
Sec. 10.02.003 Peddling, selling of certain items in public places prohibited.
(a) It shall be unlawful for any person to peddle, sell or offer for sale beverages
served by the glass, hot tamales, enchiladas, red hots, wieners, sausages, hamburgers,
fresh and salt water fish and all other marine life, sandwiches or any other similar food
products easily contaminated by dust, dirt or flies, along or upon any public street,
sidewalk, alley or any other such public easements or rights -of -way in the city.
(b) It shall be unlawful for any person to sell or offer for sale ice cream, sherbet,
flavored ices or other frozen dairy products along or upon any public streets, sidewalks,
alleys or other public easements or rights -of -way within the city unless said products are
individually packaged frozen dairy products sold from vehicles equipped with
refrigeration facilities adequate to maintain temperatures sufficient to ensure that the
products remain frozen. The products shall be prepackaged frozen dairy products
manufactured, frozen and packaged by a frozen dairy foods products plant licensed by
the department of state health services. Any person who sells or offers for sale
packaged frozen dairy products from refrigerated vehicles shall first obtain a permit as
provided for in this chapter. Following the issuance of a permit, each vehicle operating
under said permit shall be inspected once every six (6) months on the premises of the
health department. Revocation of permits shall be in accordance with this chapter.
(1958 Code, sec. 14-2; Ordinance 82-30, sec. 1, adopted 3/23/82; 1978 Code, sec. 11-
18; Ordinance adopting Code)
10.02.011-10.02.030 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, small 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.
(8) Special food service establishments (per day): 220.00.
(9) 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.
(10) Establishments needing vending machine licenses: $55.00.
(11) Establishments needing seafood/wholesale licenses: $44.00.
(12) Establishments needing seafood/retail licenses: $22.00.
(13) Establishments needing produce/wholesale licenses: $55,00,
(14) School cafeterias, public or parochial: $55.00.
(15) Seasonal food service establishments: $82,50.
(16) Retail food stores with zero (0) to two (2) checkout counters: $192.50.
(17) Retail food stores with three (3) to five (5) checkout counters: $247.50.
(18) Retail food stores with six (6) to nine (9) checkout counters: $302.50.
(19) Retail food stores with ten (10) or more checkout counters: $357.50.
(20) Low risk mobile unit (per year): $100.
(21) 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 1/17184; Ordinance 84-32, sec. 7, adopted 2/14/84; Ordinance
84-146, sec. 3, adopted 11/13/84; Ordinance 85-57, sec. 1, adopted 5/28185; Ordinance
00-05, sec. 1, adopted 1 /4100; 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 5. Food Service Manager's Certificate
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 2/14184; 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, p repackaged
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 11/13184;
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 2114/84; Ordinance 91-6, sec. 2, adopted 1115/91;
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 2114/84; 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 1/15191;
1978 Code, sec. 11 -87)
Sec, 10A2.139 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)
That the statement and findings set out in the preamble to this ordinance are
hereby in all things approved and adopted.
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.
9
o
Mayor Robin Mouton -