HomeMy WebLinkAboutOrdinance - 2011-O0070 - Amending Definition Food Establishment Section 8.16.001 - 08/11/2011First Reading
August 11, 2011
Item No. 6.5
ORDINANCE NO. __ 2_0_11_-_00_0_1_0 __
Second Reading
August 25, 2011
Item No. 6.12
AN ORDINANCE AMENDING THE DEFINITION OF "FOOD ESTABLISHMENT"
IN SECTION 8.16.001 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK,
TEXAS TO EXEMPT KITCHENS IN PRIVATE HOMES FROM THE DEFINITION
OF "FOOD ESTABLISHMENT'; ADDING A NEW SECTION 8.16.006, "KITCHENS
IN PRIVATE HOMES; FEEDING THE PUBLIC" TO ALLOW THE FEEDING OF
THE PUBLIC UNDER CERTAIN CONDITIONS; PROVIDING A PENALTY;
PROVIDING A SA VINOS CLAUSE; PROVIDING FOR PUBLICATION.
WHEREAS, the City Council desires to add to the Code of Ordinances Section
8.16.006, "Kitchens in Private Homes; Feeding the Public" to insure that the citizens of
Lubbock may serve food, without charge, to the general public so that private individuals
can engage in charitable and humane endeavors; and
WHEREAS, the City Council finds the facilitation of these charitable endeavors
to be a public health and safety benefit; and
WHEREAS, potentially hazardous foods are a risk for causing food borne
illnesses such as Hepatitis A Virus, E.coli O l 57:H6, Shigellosis, Norovirus, and
Salmonella if proper food handling procedures are not followed; and
WHEREAS, there is a substantial public benefit to protecting the public from
food borne illness; and
WHEREAS, the City Council finds that it is in the best interest of the public and
that the public health, safety and welfare is benefitted by allowing individuals to prepare
. potentially hazardous food in a private kitchen for distribution to the general public for no
charge subject to the food handling procedures as set forth herein; and
WHEREAS, in addition, the City Council desires to insure that individuals may
prepare and serve "nonpotentially hazardous food" or "potentially hazardous food" to
family members or invited guests at private events and that such activity should not fall
within the definition of "food establishment"; and
WHEREAS, in light of some recent egregious governmental overreach in other
parts of the country, the City Council desires to clarify that lemonade stands operated by
children are not a "food establishment"; and
WHEREAS, the City Council finds it to be in the public interest and that the
public health, safety and welfare is benefited by amending the Code of Ordinances to
exempt kitchens in private homes from the definition of a "food establishment"; NOW
THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION I. THAT the definition of "food establishment" in Section 8.16.00 I
of the Code of Ordinances, City of Lubbock, Texas is hereby amended to read as follows:
Food establishment shall mean those commercial establishments defined as "food
processing plant" or "food establishment" by the Texas Food Establishment Rules
adopted by the Texas Department of State Health Services, and such definitions shall not
be deemed to include kitchens in private homes preparing nonpotentially hazardous food
items for sale as fundraising items by charitable and nonprofit organizations on a
temporary basis, nor shall such terms include the site at which such sales for charitable
purposes take place.
A food establishment shall not include, and no permit shall be required under this Article
for, the preparation of food of any kind in a kitchen in a private home for a non-
commercial purpose, including but not limited to: potluck suppers, picnics, tailgating,
office parties, school functions or other similar private events.
Further, operation of a lemonade stand by a child on a temporary basis shall be allowed
without a permit and neither the lemonade stand nor the kitchen in a private home in
which the items sold at the lemonade stand are prepared shall be considered a food
establishment.
To the extent of any conflict in the definition of a food establishment as set forth above
and the Texas Food Establishment Rules, the definition as set forth in this Section shall
prevail.
SECTION 2. THAT the Code of Ordinances, City of Lubbock, Texas is hereby
amended by adding a section, to be numbered 8. I 6.006, which said section to read as
follows:
Section 8.16.006 Kitchens in private homes; feeding the public
a) Notwithstanding any provision to the contrary in Article 8.16, an
individual in a kitchen in a private home may prepare potentially
hazardous food to serve or distribute to the public without charge or
remuneration in exchange for the food, in conformance with this section.
The requirements of this section do not apply to the serving or distribution
of non-potentially hazardous food.
b) An individual serving or distributing food to the public pursuant to Section
8.16.006(a) shall:
1. Transport the food to the feeding site in a clean conveyance and
serve or distribute the food within four hours after preparation;
2. Store the food at a temperature of:
(A) 41° F. (5 ° C) or below; or
(B) 135 ° F. (57 ° C) or above;
3. Provide, at the feeding site, hand sanitizer and gloves for persons
preparing or serving the food for hand sanitation purposes while
food is being prepared or served at the feeding site; and
4. Leave the feeding site in a clean, waste-free condition.
c) The feeding site shall be subject to inspection at any time by the City
health officer to insure compliance with this Section. The City health
officer shall not inspect the individual's private kitchen.
d) In addition to the requirements of this Section, the regulations for
Temporary Food Establishments adopted by the Texas Department of
State Health Services set forth in Title 25 Texas Administrative Code,
Section 229.170(c), (d)(l), (d)(4) and (h) shall be adhered to by the
individual.
e) At the feeding site, during the entire time food is served or distributed, the
individual shall display a sign, in a clearly visible location, that in 72 point
font reads as follows:
NOTICE
THIS FOOD WAS PREPARED
IN A KITCHEN
THAT IS NOT INSPECTED
BY ANY HEAL TH INSPECTOR
OR HEAL TH AGENCY
SECTION 3. THAT violation of any provision of this Ordinance shall be
deemed a misdemeanor punishable by a fine not to exceed Two Thousand and No/I 00
Dollars ($2,000.00) as provided in Section 1.01 .004 of the Code of Ordinances, City of
Lubbock, Texas.
SECTION 4. THAT should any paragraph, sentence, clause, phrase or word of
this Ordinance be declared unconstitutional or invalid for any reason, the remainder of
this Ordinance shall not be affected thereby.
SECTION 5. THAT the City Secretary is hereby authorized to cause publication
of the descriptive caption of this Ordinance as an alternative method provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading on ______ A_u.,,._g_us_t_l_l--=,_2_0_1_1 __ _
Passed by the City Council on second readi ng on _____ Au_g=--u_s_t_2_S....;.,_2_0_1_1 __ _
ATTEST:
D~_
~arza, City Secretary
APPROVED AS TO FORM: a>L~
Chad Weaver. Assistant City Attorney
vw:c,docs/AmcndcLI Food Est:tblishmcnl.Urd
August 16, 2.011
TOM MARTIN, MAYOR