HomeMy WebLinkAboutPO 7042: AMENDING ARTICLE VIII (FOOD SERVICE ESTABLISHMENTS) AND ARTICLE X (MARINE PRODUCTS, MEAT PRODUCTS AND WHOLESALERS), CHAPTER 22 (BUINESSESS OF THE CODE OF ORDINANCES P.O. No. 7042
03/02/22 vrt
ORDINANCE NO.
AN ORDINANCE AMENDING ARTICLE VIII (FOOD SERVICE
ESTABLISHMENTS) AND ARTICLE X (MARINE PRODUCTS, MEAT
PRODUCTS AND WHOLESALERS), CHAPTER 22 (BUSINESSES) OF
THE CODE OF ORDINANCES; VIOLATIONS OF THIS ORDINANCE
ARE PUNISHABLE AS PROVIDED IN SECTION 1-13 OF THE CITY
CODE OF ORDINANCES AS AMENDED BY FINE NOT EXCEEDING
TWO THOUSAND DOLLARS [$2,000]; AND PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF
PORT ARTHUR AND EFFECTIVE IMMEDIATELY AFTER
PUBLICATION DATE.
WHEREAS the City of Port Arthur is a Home Rule municipality acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
9 of the Texas Local Government Code; and
WHEREAS, the laws of the State of Texas, including those found in Chapter 51 of the
Texas Local Government Code and the Port Arthur City Charter, provide the City authority to
adopt ordinances for the good,peace, order, and welfare of the municipality; and
WHEREAS, based upon a detailed review of the contents of this chapter, it is necessary
update and amend Article VIII (Food Establishments) and Article X (Marine Products, Meat
Products and Wholesalers), CHAPTER 22 (Businesses)of the Code of Ordinances.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
SECTION 1. That the findings and recitations set out in the preamble to this Ordinance
are found to be true and correct and they are hereby adopted by the City Council and made a part
hereof for all purposes.
SECTION 2. That Chapter 22 (Businesses) of the Code of Ordinances of the City of Port
Arthur,be amended in substantially the same form as Exhibit"A."
SECTION 3. That it is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable and, if any
phrase, clause, sentence, paragraph or section of this Ordinance should be declared invalid by the
final judgment or decree of any court of competent jurisdiction,such invalidity shall not affect any
of the remaining phrases, clause, sentences,paragraphs and sections of this Ordinance.
SECTION 4. That all ordinances and parts of ordinances in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 5. That any person, firm or corporation who violates any provision of this
Ordinance shall be guilty of a misdemeanor and shall be punished by a fine not exceeding Two
Thousand Dollars ($2,000) as provided in Section 1-13 of the Code of Ordinances, and each day
such violation shall be permitted to exist shall constitute a separate offense.
SECTION 6. That this Ordinance or its caption and penalty shall be published at least one
(1) time within ten (10) days after formal passage hereof in the official newspaper of the City of
Port Arthur. This Ordinance shall take effect immediately after the date of such publication.
SECTION 7. That a copy of the caption of this Ordinance shall be spread upon the
Minutes of the City Council.
READ,ADOPTED AND APPROVED this day of March A.D.,2022 at a Regular
Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES:
MAYOR:
COUNCILMEMBERS:
•
NOES:
Thurman Bill Bartie, Mayor
ATTEST:
Sherri Bellard, TRMC, City Secretary
APPROVED AS TO FORM:
Valecia R. Tizeno, City Attorney
APPROVED FOR ADMINISTRATION:
Ronald Burton, City Manager
Exhibit "A "
Ener,
City of c ,
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CITY OF PORT ARTHUR
CHAPTER 22
ARTICLE VIII
FOOD SERVICE ESTABLISHMENTS
FOOTNOTE(S):
--- (5) ---
State Law reference— Regulation of food service establishments, retail food stores, mobile food units
and roadside food vendors, V.T.C.A., Health and Safety Code§437.001 et seq.; public health measures
relating to food, V.T.C.A., Health and Safety Code§438.001 et seq.
Sec. 22-411.–FOOD SERVICE SANITATION; RULES ADOPTED; SCOPE
The state department of health Texas Food Establishment Rules (October 11, 2015) are
adopted and made a part of this article as if set forth in full in this section, and are declared to be
enforced within the city. The Sanitarians and Environmental Health Specialist all are directed to
carefully and thoroughly enforce such rules within the city. Notwithstanding any requirements in
sections 228.1 and 228.257 of Texas Food Establishment Rules, mobile shrimp vendors are not
required to have hot water, and the accessibility of nearby permanent toilet facilities shall satisfy
such section 228.147(b) as to mobile shrimp vendors.
(Code 1961, § 11-68)
Sec. 22-412. - DEFINITIONS
(a) Except as provided in Subsection(B), a term defined by Texas Administrative Code Title
25, Part 1, Chapter 228, Subchapter A(General Provisions)has the same meaning in this
chapter.
(b) In this chapter:
(1) AGRICULTURAL PRODUCT means produce, meat, fish, honey, dairy, seeds,
live plants intended for food production, and compost products produced by a farmer.
(2) BAKED GOODS means cookies, cakes, breads, Danishes, donuts, pastries, pies,
and other items that are prepared by baking in an oven. A baked good does not include a
potentially hazardous food item.
(3) BONA FIDE EDUCATIONAL PURPOSE means providing cooking
demonstrations solely for the purpose of informing, training, or educating persons about
how to prepare foods, or providing samples in order to inform persons of the quality and
characteristics of the sample, and is not done in conjunction with the sale of food or food
products.
(4) CERTIFIED FARMERS MARKET means a farmers market that has been certified
by the Texas Department of Agriculture pursuant to Subchapter D of Title 4 of the Texas
Administrative Code.
(5) CONCESSION STAND means a food establishment operated by a city or county,
a non-profit organization, or public school district from which limited foods are served
during athletic or entertainment events.
(6) FARM PRODUCE means herbs and spices in their natural or dried state,
vegetables, fruits, unshelled nuts, berries, grains, honey, watermelons and other melons,
and cantaloupes in their natural state.
(7) FARMERS MARKET VENDOR means a vendor operating an individual booth at
a certified farmers market.
(8) FOOD ESTABLISHMENT means an operation that stores, prepares packages,
serves, vends, or otherwise provides food for human consumption as follows:
(a) 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 location, (machine), self-service food
market, conveyance used to transport people, institution, or food bank;
(b) an establishment that 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; and
(c) 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; where consumption is on or off the premises; and
regardless of whether there is a charge for the food.
(d) food establishment does not include an establishment that offers only
prepackaged foods that are not time / temperature controlled for safety food, a
produce stand that only offers whole, uncut fresh fruits and vegetables, a food
processing plant,a cottage food industry, an area where cottage food is prepared,
sold or offered for human consumption, a Bed and Breakfast Limited facility as
defined in the 2015 TFER, or a private home that receives catered or home-
delivered food.
(9) FOOD HANDLER means a food establishment employee who works at any time
with unpackaged food, food equipment or utensils, or food contact surfaces.
(10) LIMITED FOODS means foods requiring limited handling and preparation and that
may be heated for hot holding and service. The term does not include foods cooked from
a raw state, or that are cooled and reheated for subsequent service.
(11) MARKET MANAGER means a person who is designated as the person-in-charge
of a certified fanners market.
(12) MOBILE FOOD ESTABLISHMENT means one of two types of mobile food units:
(a) a restricted unit that offers only prepackaged food in individual servings;
beverages that are not potentially hazardous and are dispensed from covered urns
or other protected vessels; and packaged frozen foods. Preparation, assembly or
cooking of foods is not allowed. A foot peddler permit is a restricted unit is
limited to one portable ice chest, cooler, case or unit per permit, capable of being
carried by one person; or
(b)an unrestricted unit that may serve food as allowed in(a), and may cook, prepare
and assemble a full menu of food items;
(c) an unrestricted unit must be secured and completely enclosed
(13) MOBILE SHRIMP VENDOR means a restricted unit that offers only shrimp. The
shrimp shall be safe for human consumption, from an approved source, in sound
condition, and free from spoilage, filth, or any other type of contamination.
Shrimp shall be maintained at 41° Fahrenheit or below, and stored in either a mechanical
refrigeration unit, or in ice in a clean and sanitized container with a lid. Ice must be from
an approved source.
(14) PERSON IN CHARGE means an employee who possesses a food manager
certificate at a food establishment, bed and breakfast limited or unrestricted mobile food
establishment. If the person possessing a food manager certificate is not present, then if
an employee appears to be a supervisor, that employee is the person in charge, and shall
possess a food manager certificate.
(15) SAMPLING means the demonstration or promotion of a food via offering a small
serving of the food which cannot be,and is not,sold and which may not consist of a whole
meal, an individual portion or a whole sandwich.
(16) SELF-SERVICE FOOD MARKET means a market that is unstaffed and offers
prepackaged non-time/temperature controlled for safety food and prepackaged
refrigerated or frozen time/temperature controlled for safety foods that is stored and
displayed in equipment that complies with §228.225 of the 2015 TFER.
(17) TEMPORARY FOOD ESTABLISHMENT shall mean a food establishment that
operates for a period of no more than 14 consecutive days in conjunction with a single
special event or celebration and no more than a total of 30 days in a calendar year, and
shall also include an establishment that is granted an exemption by the health authority.
(a) A person or organization is allowed four temporary events in a calendar year
unless granted an exemption by the health director.
(b) Subsection (a) does not apply to vendors under contract with the City of Port
Arthur to provide food and beverage services at properties owned and overseen by
the City of Port Arthur.
(c)A farmer's market vendor is not a temporary food establishment.
(18) UNSAFE FOOD means:
(a) food that contains any chemical, poisonous or injurious substance which may be
harmful to the health of a consumer;
(b) food that is not packaged in conformity with this chapter;
(c) food that contains a contaminated or putrid substance; or
(d)food that has been prepared,packed or held under unsanitary conditions whereby
it may have become contaminated, or may have been rendered diseased,
unwholesome, or harmful to health.
(19) VENDOR means any person who sells or offers for sale farm products or engages in
sampling in a certified farmers market.
(20) VIOLATION means the failure to follow this Chapter 22 Article VIII-X, or the
commission of an act prohibited by this Chapter. A violation may result in re-inspection
fees being assessed,permit suspension or charges being filed in municipal court for reasons
including but not limited to:
(a) scoring below a 70 on a food establishment inspection;
(b)using an unapproved source;
(c)home prepared foods; or
(d) food out of temperature compliance.
(21) YARD EGGS means ungraded shell eggs from a producer defined in Chapter 15 of
Title 4 of the Texas Administrative Code.
Sec. 22-413. - COMPLIANCE REQUIRED.
(A) A person may not manufacture for supply, possess with intent to supply, display, sell, or
supply, with or without charge, any food that is unsafe or misbranded.
(B) All food shall be prepared, packaged, transported and supplied in compliance with this
Chapter.
(C) A person operating a food establishment,vending machine,bed and breakfast limited,mobile
food establishment, temporary event, farmers market, or farmers market vendor booth shall
comply with this chapter and,the City adopts the Texas Administrative Code Title 25,Part 1,
Chapter 228, Subchapters I (Compliance).
(D) A person operating a food processing plant or central preparation facility shall comply with
this chapter and the requirements of Code of Federal Regulations Title 21, Part 110 (Current
Good Manufacturing Practice In Manufacturing, Packing, Or Holding Human Food).
Sec. 22-414.—VARIANCES
Variance is a written document issued by the regulatory authority that authorizes a modification
or waiver of one or more requirements of the Food Code, if in the opinion of the regulatory
authority, a health hazard or nuisance will not result from the modification or waiver.
(A) The health authority may grant a variance by modifying or waiving a local requirement of this
chapter if the health authority determines that a health hazard will not result from the variance.
(B) A person requesting a variance must provide the following information to the health authority:
(1) a description of the requested variance from the local requirement;
(2) a citation to the relevant section of this chapter; and
(3) a description of how potential health hazards will be prevented if the variance is granted.
(4) 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
(5) a HACCP plan if required, as specified in 22-415(C) of this title that includes the
information specified in 22-415(B) of this title, as it is relevant to the variance requested
(C) Conformance with approved procedures. If the regulatory authority grants a variance as
specified in subsection(A)of this section,or a HACCP plan is otherwise required as specified
in 22-414(B)(5) of this title,the food establishment shall:
(1) Comply with the HACCP plans and procedures that are submitted and approved as
specified in 22-415(D)of this title as a basis for the modification or waiver; and
(2) maintain and provide to the regulatory authority, upon request, records specified in 22-
415(B)(4) and (5)of this title that demonstrate that the following are routinely employed:
(A)procedures for monitoring critical control points;
(B)monitoring of the critical control points;
(C)verification of the effectiveness of an operation or process: and
(D)necessary corrective actions if there is failure at a critical control point.
Sec.22-415. FACILITY AND OPERATING PLANS
(A) When plans are required. A permit applicant or permit holder may be required to submit to
the regulatory authority properly prepared plans and specifications for review and approval before:
(1)the construction of a food establishment;
(2)the conversion of an existing structure for use as a food establishment; or
(3) the remodeling of a food establishment or a change of type of food establishment or food
operation, or under the conditions set by the regulatory authority, if the regulatory
authority determines that plans and specifications are necessary to ensure compliance
with this code.
(B) Contents of the plans and specifications. The plans and specifications for a food
establishment,including a food establishment specified under 22-415(C)of this title,shall include,
as required by the regulatory authority based on the type of operation, type of food preparation,
and foods prepared,the following information to demonstrate conformance with code provisions:
(1) intended menu;
(2) anticipated volume of food to be stored, prepared, and sold or served;
(3)proposed layout, mechanical schematics, construction materials, and finish schedules;
(4) proposed equipment types, manufacturers, model numbers, locations, dimensions,
performance capacities, and installation specifications;
(5) evidence that standard procedures that ensure compliance with the requirements of this
rule are developed or are being developed; and
(6) other information that may be required by the regulatory authority for the proper review
of the proposed construction, conversion or modification, and procedures for operating a
food establishment.
(C) When a HACCP plan is required.
(1) 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 subsection (D)of this section and the relevant provisions of these rules if:
(i) submission of a HACCP plan is required according to law;
(ii) a variance is required as specified under §§228.71(a)(4)(D) and 228.76, or
228.106(j)(2)of this title; or
(iii) the regulatory authority determines that a food preparation or processing
method requires a variance based on a plan submittal specified wider 22-415(B)
of this title, an inspectional finding or a variance request.
(2)A food establishment shall have a properly prepared HACCP plan as specified under
subsection(D) of this section.
(3) Before engaging in reduced oxygen packaging without a variance as specified under
§228.77 of this title, a food establishment shall submit a properly prepared HACCP plan to
the regulatory authority.
(D) Contents of a HACCP plan. For a food establishment that is required under subsection(A)of
this section to have a HACCP plan, the plan and specifications shall indicate:
(1) a categorization of the types of time/temperature controlled for safety (TCS) 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;
(2)a flow diagram by specific food or category type identifying critical control points and
providing information on the following:
(A) ingredients, materials, and equipment used in the preparation of that food; and
(B) formulations or recipes that delineate methods and procedural control measures that
address the food safety concerns involved;
(3)food employee and supervisory training plan that addresses the food safety issues of
concern;
(4) a statement of standard operating procedures for the plan under consideration including
clearly identifying:
(A) each critical control point;
(B)the critical limits for each critical control point,
(C)the method and frequency for monitoring and controlling each critical control point
by the food employee designated by the person in charge;
(D)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;
(E)action to be taken by the person in charge if the critical limits for each critical control
point are not met; and
(F) records to be maintained by the person in charge to demonstrate that the HACCP plan
is properly operated and managed; and
(5)Additional scientific data or other information, as required by the regulatory authority,
supporting the determination that food safety is not compromised by the proposal.
Sec. 22-416.—FOOD MANAGER CERTIFICATE REQUIRED
(A) Except as provided in Subsection (B), At least one employee, per shift, that has supervisory
and management responsibility and the authority to direct and control food preparation and
service shall be a certified food protection manager who has shown proficiency of required
information through passing a test that is part of an accredited program.
(B) A food manager certificate is not required for a person who operates:
(1) a food establishment that provides only beverages or prepackaged food that is not a
potentially hazardous food;
(2) a nonprofit organization that serves food only to members of the organization;
(3) a food processing plant that is inspected at least once each week by a state or federal food
sanitation inspector or that only stores prepackaged food that is not potentially hazardous;
(4) a mobile food establishment that offers only prepackaged food,if a certified food manager
is in charge at the central preparation facility that supplies the products for the mobile
food establishment; or
(5) a temporary event.
(C) The Person in Charge (PIC) shall post the food manager certificate in a prominent location in
the food establishment or bed and breakfast limited and is responsible for ensuring:
(1) food establishment operations are not conducted in a private home or in a room used as
living or sleeping quarters as specified under Subchapter F of these rules (pertaining to
Physical Facilities);
(2) persons unnecessary to the food establishment operation are not allowed in the food
preparation, food storage, or warewashing areas, except that brief visits and tours may be
authorized by the person in charge if steps are taken to ensure that exposed food; clean
equipment, utensils, and linens; and unwrapped single-service and single-use articles are
protected from contamination;
(3) employees and other persons such as delivery and maintenance persons and pesticide
applicators entering the food preparation, food storage, and warewashing areas comply
with these rules;
(4) employees are effectively cleaning their hands, by routinely monitoring the employees'
handwashing;
(5) employees are visibly observing foods as they are received to determine that they are from
approved sources, delivered at the required temperatures, protected from contamination,
unadulterated, and accurately presented, by routinely monitoring the employees'
observations and periodically evaluating foods upon their receipt;
(6) employees are verifying that foods delivered to the food establishment during non-
operating hours are from approved sources and are placed into appropriate storage
locations such that they are maintained at the required temperatures, protected from
contamination, unadulterated and accurately presented;
(7) employees are properly cooking time/temperature controlled for safety(TCS)food, being
particularly careful in cooking those foods known to cause severe foodborne illness and
death, such as eggs and comminuted meats, through daily oversight of the employees'
routine monitoring of the cooking temperatures using appropriate temperature measuring
devices properly scaled and calibrated;
(8) employees are using proper methods to rapidly cool time/temperature controlled for safety
(TCS) food, that are not held hot or are not for consumption within four hours, through
daily oversight of the employees' routine monitoring of food temperatures during cooling;
(9) consumers who order raw or partially cooked ready-to-eat foods of animal origin are
informed as specified under §228.80 of this title (relating to Food) that the food is not
cooked sufficiently to ensure its safety;
(10) employees are properly sanitizing cleaned multiuse equipment and utensils before they
are reused,through routine monitoring of solution temperature and exposure time for hot
water sanitizing, and chemical concentration, pH, temperature, and exposure time for
chemical sanitizing;
(11) consumers are notified that clean tableware is to be used when they return to self-service
areas such as salad bars and buffets as specified under §228.68(f) of this title;
(12)except when otherwise approved as specified in §228.65(a)(4)of this title, employees are
preventing cross-contamination of ready-to-eat food with bare hands by properly using
suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing
equipment;
(13)employees are properly trained in food safety including food allergy awareness as it relates
to their assigned duties;
(14) food employees and conditional employees are informed in a verifiable manner of their
responsibility to report in accordance with law,to the person in charge,information about
their health and activities as they relate to diseases that are transmissible through food, as
specified under §228.32(3)(P) of this title; and
(15)written procedures and plans,where specified by these rules and as developed by the food
establishment, are maintained and implemented as required.
Sec. 22-417.—APPLICATION FOR FOOD MANAGER COUSE AND CERTIFICATE
A) A person who seeks a food manager certificate must submit an application to the health
authority. The application must include:
(1) the applicant's full name;
(2) the applicant's mailing address;
(3) applicant's date of birth;
(4) a copy of a government-issued identification document that includes a photograph of the
applicant;
(5) the applicant's signature; and
(6) non-refundable fee once the course has begun.
(B) An applicant shall pay the certificate issuance fee, except that an employee of a public school
located in the City is not required to pay the fee.
(C) A food manager certificate is void if the applicant obtains the certificate by knowingly
providing false information on the application.
Sec. 22-418. -ISSUANCE OF FOOD MANAGER CERTIFICATE.
(A) The health authority shall issue a food manager certificate to an applicant who pays the
required fee and who:
(1) provides evidence of current certification from a food management program accredited
by the Department of State Health Services in accordance with Texas Administrative
Code Title 25, Section 228.33 (Certified Food Protection Manager and Food Handler
Requirements.); or
(2) passes an examination and obtains certification as provided in Texas Administrative Code
Title 25, Section 228.33 (Certified Food Protection Manager and Food Handler
Requirements.).
(B) A food manager certificate expires on the date indicated on the food manager certificate.
(C) A food manager certificate is not transferable.
Sec. 22-421. - FOOD HANDLER REGISTRATION REQUIRED.
(A) Except as provided in Subsections (B) and (E), a person employed or volunteering at a food
establishment shall register as a food handler. It is unlawful for the person to be employed or
volunteer at the food establishment without a valid food handler registration.
(B) The requirements of this section do not apply to:
(1) a nonprofit organization that serves food only to members of the organization;
(2) a food processing plant that is inspected at least once each week by a state or federal food
sanitation inspector or that only stores prepackaged food;
(3) a mobile food establishment that offers only prepackaged food,if a certified food manager
is in charge at a central preparation facility that supplies the products for the mobile food
establishment;
(4) a retail food establishment that sells or offers only prepackaged foods;
(5) a person who verifies by affidavit that he or she does not ever work with unpackaged
food, food equipment or utensils, or food contact surfaces; or
(6) a concession stand that offers only limited foods and maintains a Certified Food Manager,
registered with the City of Port Arthur, on duty during all hours of operation. The valid,
registered Food Manager Certificate issued to the food manager on duty must be posted
in compliance with Subsection (C) of Section 22-416 (Food Manager Certificate
Required).
(C) A person required by this section to have a food handler registration shall first successfully
complete a food handler training class approved by the State of Texas. The person shall pay
the food handler training course fee as required by the training course provider.
(D) A person must successfully complete a food handler training course every two years.
(E) A person operating a food establishment shall ensure every employee or volunteer who is not
exempt pursuant to Subsection(B)above has a current food handler registration.Upon request
by the health authority, a person operating a food establishment shall provide a list of all food
handlers at the establishment.
Sec.22-422. - RISK ASSESSMENTS
(A) The public health department has elected to assess food establishments based on the risk posed
for possible food-borne illness outbreaks. The Regulatory Authority will conduct a risk
assessment for each food establishment that applies for or renews a permit. The Regulatory
Authority will determine the method of rating food establishments; such will be rated
according to their food preparation and handling processes which pose a risk of food-borne
illness varying from very high,to high,to medium,to low risk:
(1) Very High Risk — includes food establishments conducting specialized processes at
retail (e.g., smoking and curing; reduced oxygen packaging for extended shelf-life).
Establishments serving a highly susceptible population are also included in the category.
They include,but are not limited to child or adult day care centers,kidney dialysis centers,
hospitals, nursing homes, or senior centers providing nutritional or socialization services.
(2) High Risk - includes food establishments that serve large amounts and volumes of
Time/Temperature Controlled for Safety (TCS) foods especially TCS that require
extensive amounts of handling or TCS that are prepared in bulk.
(3) Medium Risk - includes food establishments that serve TCS that require minimal
handling or prepares them in individual portions.
(4) Low Risk-includes food establishments that serve small amounts of TCS and/or pre-
packaged individually wrapped food.
Each food establishment will be rated according to the "Port Arthur Health Department's
Establishment Risk Assessment."
Sec. 22-423.-PERMIT REQUIRED.
(A) Except as provided in Subsection (C), a person must hold a permit issued by the health
authority to operate a food establishment.
(B) A person must hold a permit issued by the health authority to operate a group residence with
more than six residents when food is provided, stored, or prepared onsite, or prepared by a
third-party operator or facilitator.
(C) A vending machine that only dispenses non- potentially hazardous food does not require a
permit.
(D) A person must comply with the requirements of this chapter to receive or retain a permit.
(E) A permit issued under this chapter is not transferable.
(Code 1961, § 11-81; Ord. No. 00-48, § 1(11-81), 8-8-2000)
Sec. 22-424. - PERMIT TO BE POSTED.
A City Code Section 22 permit holder or person in charge of a food establishment shall post a
permit required by this chapter in a prominent public location clearly visible to the general public
and to patrons. A permit is clearly visible to the general public and to patrons if it is:
(A) posted in the front window of the establishment within 5 feet of the front door; or
(B) posted in a display case mounted on the outside front wall of the establishment within 5
feet of the front door; or
(C) posted on the drive-through menu board of a drive-through establishment, in addition to
posting in locations (A) and(B) of this section; or
(D) if the food establishment is operated in a space that prevents posting the permit as required
in Subsections (A) through (C), the permit shall be posted in the initial patron contact
area, on the menu board or counter of the establishment; or
(E) in a location determined by the health authority to ensure proper notice to the general
public and patrons.
Sec. 22-425. - Farmers Market Permitting
(A) Farmers Market is an organized entity/operation that allows a group of food
growers/manufacturers to market and sell their farm produce and products in a specific
location. These products would include herbs and spices in their natural or dried state,
vegetables, fruits, nuts, berries, grains, honey, watermelons and other melons, and
cantaloupes In their natural state as well as farm produce, shelled peas or legumes, yard
eggs and packaged foods processed or manufactured by a vendor in a licensed food
establishment and packaged and labeled according to law.
(1) A Farmers Market must be certified by the Texas Department of Agriculture.
(2) A Farmers Market is allowed to sell farm goods under this permit. No food
preparation may be done at a Farmers Market other than the sampling of properly
packaged, labeled farm goods.
(3) All utensils used must be single service disposable products.
(4) A proper temporary hand washing facility must be present where samples are
prepared for public consumption. Disposable gloves must be worn by employees
presenting food to be sampled.
(5) Restroom facilities must be available to the vendors and customers
(6) The Farmers Market carries the permit and as such is responsible for its registered
vendors complying with all applicable food service regulations.
(B) The Farmers Market permit would not allow food vendors that prepare food other than
the sampling of prepackaged manufactured foods. These vendors would have to obtain a
non-refundable Farmers Market Multi-temporary Food Service Permit issued by the
Health Department. This permit would allow a temporary vendor of approved other than
farm product foods at the Farmers Market for up to one year as long as the vendor is
registered with the Farmers Market, has a space set up within the Farmers Market and
complies with all Health Department regulations regarding temporary food service
safety.
Sec. 22-425. - PERMIT APPLICATION.
(A) A person who seeks to operate a food establishment must submit to the health authority a
written application for a permit on a form provided by the health authority. The application
must include:
(1) the name and address of each applicant;
(2) the location and type of the proposed food establishment;
(3) the name of the person responsible for the proposed food establishment and the person's
identification number as shown on a government-issued identification document;
(4) other information reasonably required by the health authority; and
(5) the signature of each applicant.
(B) An applicant for a temporary food service establishment permit must submit the application
to the health authority not later than the 10th day before the date for which the permit is sought.
(C) Before approving or disapproving an application for a permit,the health authority shall inspect
the proposed food establishment to determine whether it complies with this chapter.
(D) If the health authority determines that the proposed food establishment complies with this
chapter, the health authority shall issue a permit to the applicant.
(E) If the health authority determines that the proposed food establishment does not comply with
this chapter,the health authority shall:
(1) deny a permit to the applicant; or
(2) issue a permit to the applicant that is subject to appropriate conditions.
(F) The health authority may modify or remove a condition to a permit issued under Subsection
(E)(2) after a re-inspection.
(G) A permit is void if the applicant obtains the permit by knowingly providing false information
on the application.
Sec. 22-426. - PERMIT FEES
(A) An applicant shall pay the permit fee established below,except that a permit fee is not required
for a food establishment that is:
(1) necessary to provide services under a contract for social services with the City; or
(2) operated by a public-school system.
(B) If a permit application is not approved,the health authority may refund the permit fee to the
applicant
(C) Fees:
Service/Item Fee ,_Aescription
Very High Risk Food Permits Food establishments conducting
specialized processes at retail(e.g.,
smoking and curing; reduced
oxygen packaging for extended
shelf-life.).
Establishments serving a highly
susceptible population are also
included in the category. They
include,but are not limited to child
or adult day care centers, kidney
dialysis centers,hospitals,nursing
homes,or senior centers providing
nutritional or socialization services.
High Risk Food Permits Heavy Preparation,reusable
tableware, Mgr. Certification and
food handler cards required.
Medium Risk Food Permit Medium to Heavy preparation,
single service tableware,Mgr.
Certification and food handler
cards required.
Low Risk Food Permit Sales mainly pre-packaged foods
with little or no preparation.
Temporary Food Permit Permit Fee for all establishments
meeting the definition of
Temporary Food Establishment as
set forth in section 22-4122(14)of
this chapter.
Restricted Mobile Food Unit Food Permit Fee for all establishments
Permit meeting the definition and
requirements of Mobile Food
Establishment as set forth in
section 22-4122(11)(a)of this
chapter.
Unrestricted Mobile Food Unit Food Permit Fee for all establishments
Permit meeting the definition and
requirements of Mobile Food
Establishment as set forth in
section 22-4122(11)(b)of this
chapter.
Meat Market licenses An establishment that offers for
sale uncooked animal flesh,except
fish at wholesale or retail
distribution.
Seafood Market licenses An establishment that offers for
sale uncooked seafood at retail, or
for the wholesale distribution.
Food Service Plan Review $ Fee to review acceptability of
proposed food establishment plans.
Food Manager Class Fee Two-day course designed to
educate food service managers on
food handling regulations.
Food Manager Certification Fee assessed to Register current
Registration Fee Food Manager credential with the
City of Port Arthur Health
Department
Child Care Facility Food Permit Food service permit fee for child
care facility that prepares food on-
site.
Re-inspection Fee Fee assessed for rescheduling of
time and services
(D) 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.
(1) 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 five (5) percent penalty will be charged for each subsequent month,
until payment is received.
(Code 1961, § 11-74)
Sec. 22-427. - PERMIT SUSPENSION
(A) The health authority may suspend a permit issued under this chapter without prior notice or
hearing if:
(1) the permit holder does not comply with this chapter;
(2) the food establishment does not comply with this chapter; or
(3) the food establishment constitutes a public health hazard.
(B) If the health authority suspends a permit:
(1) the health authority shall give written notice to the permit holder or person in charge that:
(a) the permit is immediately suspended on service of the notice; and
(b) must not exceed three (3) calendar days after the inspection, for the permit holder to
correct violations of a priority item
(c) must not exceed ten (10) calendar days after inspection, for the permit holder to
correct priority foundation items or HACCP plan deviations.
(2) the permit holder or person in charge shall immediately stop food operations.
(C) Suspension of a permit is effective on service of notice.
(D) A permit holder may file with the health authority a written request for a hearing on a permit
suspension. The request must be filed not later than the 10th day after the date of service of
notice of suspension.
(E) If a timely hearing request is filed, the health authority shall hold a hearing on the permit
suspension not later than the 10th business day after the date the hearing request is filed.
(F) If a timely hearing request is not filed,the suspension continues in effect.
(G) The health authority may reinstate a permit if the reason for suspension no longer exists.
Sec. 22-428. - PERMIT DENIAL OR REVOCATION
(A) The health authority may deny or revoke a permit issued under this chapter or issue a
conditional permit when a renewal is applied for by a food establishment if the permit holder
or the permit holder's employee:
(1) commits critical or repeated violations of applicable law;
(2) knowingly provides false information on an application; or
(3) interferes with the health authority in the performance of the health authority's duties; or
(4) if an operating food establishment changes ownership and there are violations that must
be corrected to meet applicable health and safety standards.
(B) Before denying or revoking a permit, the health authority shall provide the permit holder or
person in charge with written notice of the pending permit revocation or denial. The written
notice shall include:
(1) the reason the permit is subject to denial or revocation; and
(2) if applicable:
(a) the date on which the permit is scheduled to be revoked; and
(b) a statement that the permit will be revoked on the scheduled date unless the permit
holder files a written request for a hearing with the health authority not later than the
10th day after the date the notice is served.
(C) A conditional permit issued under Subsection (A) above for a food establishment shall be
effective for up to 60 days, and shall be revoked if the permit holder or person in charge of
the establishment does not comply with the terms of its issuance.
(1) This subsection(C)does not apply to mobile food establishments or temporary events.
(2) Revocation for noncompliance shall be the equivalent of a permit denial.
(D) A permit denial or revocation becomes final on expiration of the time period prescribed by
the notice if the permit holder does not file within that time period a request for hearing with
the health authority.
Sec. 22-413-22-464. - Reserved.
City of
ort rthttti
_
Texas
CITY OF PORT ARTHUR
CHAPTER 22
ARTICLE X
MARINE PRODUCTS, MEAT PRODUCTS
AND WHOLESALER'S
Page 1
ARTICLE X. - MARINE PRODUCTS, MEAT PRODUCTS AND WHOLESALER'S
Sec. 22-510. - Marine products, state approval.
It shall be unlawful to sell or offer for sale, within the corporate limits of the city, any fish,
oysters, shrimp, lobsters, crabs, terrapins, turtles and clams, which if taken from the waters under
the jurisdiction of the state have not been approved by the state department of health and under the
regulations and permit of such department, both as to preparation and packing for shipment and
shipment; or if such marine products are taken from the waters under the jurisdiction of any other
state, it shall be unlawful to sell or offer for sale within the limits of the city any fish, oysters,
shrimp, lobsters, crabs, turtles, terrapins and clams, which have not been taken from the waters
under the jurisdiction of the state and approved by the proper authorities of the state,and under the
regulations and permit of the state authorities both as to preparation and packing for shipment and
shipment. In so selling and offering for sale such marine products, it must be indicated either by
certificate or otherwise from such state authorities that the marine products were taken from the
waters and packed and shipped as approved and required by such regulations.
(Code 1961, § 11-75)
Sec. 22-511. - Meat products, adoption of rules and regulations.
(a) The rules and regulations and standards for the inspection of meat, meat products, and meat
food products, promulgated by the Commissioner of Health of the State of Texas, under
authority of V.T.C.A., Health and Safety Code § 437.003, as approved by the State Board of
Health, State of Texas, as authorized by V.T.C.A., Health and Safety Code § 437.002, as
amended, and all future amendments made thereto, are hereby in all things adopted and made
a part of this as if set forth in full herein, and the provisions, standards, rules and regulations
contained therein are made mandatory requirements for the inspection and labeling of meat
and meat food products produced, sold or offered for sale within the limits of the city with the
"Texas State Approved Meat for Human Food" label thereon. Any establishment desiring to
sell or offer for sale meat,meat products,and meat food products in the city containing thereon
the "Texas State Approved Meat for Human Food" label shall be governed by the
specifications and regulations promulgated by the commissioner of health as approved by the
state board of health adopted herein, and all requirements specified therein shall be complied
with.
(b) Only meats bearing the inspection mark, stamp,tag, or label of the United States Department
of Agriculture,the state department of health,any municipality bearing state approved legend,
or the city shall be acceptable for sale in the city.
(Code 1961, § 11-77)
Page 2
Sec. 22-512. - Wholesaler's permit required.
It shall be unlawful for any person, either for himself or for his agent or employee of another,
to sell,or offer or expose for sale,or deliver for sale,use,or consumption,or have in his possession
for sale or delivery within the city any meat or meatfood product, a wholesale distributor without
a wholesaler's permit issued by the city health department. Every wholesale distributor desiring to
engage in the business in the city, shall make application for permit to the city health officer on an
annual basis, being renewable on each succeeding first day of January. Each original application
or such annual renewal thereof shall be accompanied by a payment to the city of a permit fee of
$25.00 per year.
(Code 1961, § 11-78)
Sec. 22-513. -Mobile units.
(a) Mobile food units that serve only prepackaged food shall have the following equipment:
(1) If the prepackaged food is hot food, then there shall be facilities to maintain the food at
140 degrees Fahrenheit or above.
(2) If the prepackaged food is cold food,then there shall be facilities to maintain the food at
45 degrees Fahrenheit or below.
(3) If the prepackaged food is frozen,then there shall be facilities to maintain the food at zero
degrees Fahrenheit or below.
(4) All outer openings to the vehicle shall be constructed in such a manner as to prevent the
entrance of insects, dust, dirt and other foreign matter.
(b) Mobile units that prepare foods shall have the following equipment:
(1) Three-compartment sink.
(2) A hand wash sink.
(3) Hot and cold water under pressure.
(4) Waste retention system with a capacity at least 15 percent larger than that of the water
tank.
(5) All outer openings shall be constructed in such a manner as to prevent the entrance of
insects, dust, dirt and other foreign matter.
(6) Facilities to keep hot food 140 degrees Fahrenheit or above.
(7) Facilities to keep cold food 45 degrees Fahrenheit or below.
(8) Light shields shall also be provided.
(c) Mobile marine products trucks shall have the following:
(1) Facilities to maintain a product temperature of 45 degrees Fahrenheit or below.
(2) A system to retain all liquid waste at least 15 percent larger than that of the water tank.
Page 3
(3) A cleaning sink for the purpose of washing, rinsing, and sanitizing the food contact
surfaces.
(4) A hand wash sink.
(5) All outer openings shall be constructed in such a manner as to prevent the entrance of
insects, dust, dirt and other foreign matter.
(6) Clean containers for the marine products.
(7) Readily cleanable surfaces.
(Code 1961, § 11-90)
Secs. 22-514-22-600. - Reserved.
Page 4