Title
Consider/Discuss/Act on an Ordinance Modifying Chapter 46 (Food Establishment Regulations) of the Code of Ordinances
Summary
COUNCIL GOAL: Operational Excellence
(2B: Continuously provide a high level of customer service to our
citizens)
MEETING DATE: November 7, 2023
DEPARTMENT: Development Services - Code Services
CONTACT: Richard Milam, Health Compliance Manager
Kerry Simpson, Director of Code Services
RECOMMENDED CITY COUNCIL ACTION:
• Approval of Ordinance.
ITEM SUMMARY:
• The proposed changes to the food establishment ordinance will help strengthen food safety practices and allow the city to provide safe food to residents and visitors.
BACKGROUND INFORMATION:
• The proposed changes are outlined below:
o Adopts the 2021 Texas Food Establishment Rules and the U.S. Food and Drug Administration (FDA) Food Code.
o Defines the term “Food Preparation”.
o Eliminates several types of food permits (restaurant, daycare, to-go/fast food, convenience, etc.) These will now just be called a “Food Establishment Permit”.
o Establishes requirements for food preparation areas that serve time and temperature controlled for safety foods at Trade Days.
o Exempts nonprofit organizations that have tax-exempt status from permit fees.
o Provides for an expedited temporary health permit fee of $75 if the permit is submitted less than seven days before an event.
o Establishes a risk violation fee. This fee is for repeat violations that have occurred for three consecutive inspections. ($50 for each repeat violation).
o If a food establishment scores 30 demerits or more twice in a calendar year, the food establishment shall remain closed for 24 hours to allow time for corrective action to take place. The owner or person in charge shall be required to have an in-office consultation to review the inspection report. $150 reinspection fee applied.
o If a food establishment scores 30 demerits or more three times in a calendar year, the food establishment shall remain closed for 48 hours to allow time for corrective action to take place. The owner or person in charge shall be required to have an in-office consultation to review the inspection report. $250 reinspection fee applied.
o Requires hand sinks to be within 25’ (walking distance) of food preparation areas.
FINANCIAL SUMMARY:
• N/A
BOARD OR COMMISSION RECOMMENDATION:
• N/A