HomeMy WebLinkAboutOrdinance - 2016-O0014 - Amending 8.16 - Adoption Of Food Establishment Rules - 02/11/2016Reading Second Reading
No. 5.14 Item 5.11
try 28, 2016 February 11, 2016
ORDINANCE N0.2016-00014
AN ORDINANCE AMENDING ARTICLE 8.16 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE
ADOPTION OF FOOD ESTABLISHMENT RULES; PERMITTING OF FOOD
ESTABLISHMENTS; CERTIFICATION OF FOOD MANAGERS; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENALTY; AND PROVIDING FOR
PUBLICATION.
WHEREAS, the City Council of the City of Lubbock, Texas deems it in the best
interest of the health, safety, and welfare of the citizens of Lubbock to make the following
amendments to Article 8.16 of the Code of Ordinances with regard to the adoption of the
food establishment rules, the permitting of food establishments and the certification of
food managers; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Article 8.16 of the Code of Ordinances of the City of
Lubbock is hereby amended to read as follows:
ARTICLE 8.16 FOOD AND FOOD ESTABLISHMENTS
Division 1. Generally
See. 8.16.001 Definitions
For the purposes of this article:
City health ofcer shall mean the City of Lubbock Environmental Health Officer
or designated representative.
Food establishment.
(1) Those commercial establishments defined as "food processing plant"
or "food establishment' by the Texas Food Establishment Rules adopted
by the department of state health services, and such definitions shall not be
deemed to include kitchens in private homes preparing non
time/temperature control for safety (TCS) 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.
(2) 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 noncommercial purpose, including but not
limited to: potluck suppers, picnics, tailgating, office parties, school
functions or other similar private events.
(3) 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 lemonade is prepared shall be
considered a food establishment.
(4) 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.
Tight -fitting shall mean close fitting.
Sec. 8.16.002 Penalties
Any person who shall violate any of the provisions of this article shall be guilty of
a misdemeanor punishable in accordance with section 1.01.004 of the City of
Lubbock Code of Ordinances and, in addition thereto, such person may be
enjoined from continuing such violation.
Sec. 8.16.003 Adoption of food establishment rules
The "Texas Food Establishment Rules" adopted by the Texas Department of State
Health Services on October 11, 2015, as amended, are hereby incorporated into
this article by reference, and food sanitation within the city shall be enforced and
regulated in accordance with said rules. A copy of said rules shall be filed with the
City Secretary and a copy maintained in the office of environmental health, which
said copies shall be available for public inspection during the business hours of
the offices in which they are maintained.
Sec. 8.16.004 Milk and milk products which may be sold
Section 9 of the Texas specifications and requirements, authorized by the Texas
milk grading and pasteurization law, shall read as follows:
Only Grade A pasteurized milk and milk products shall be sold to the final
consumer or to restaurants, soda fountains, grocery stores or similar
establishments. Provided that in an emergency, the sale of pasteurized
milk and milk products which have not been graded, or the grade of which
is unknown, may be authorized by the city health officer; in which case,
such milk and milk products shall be labeled "ungraded."
Sec. 8.16.005 Adoption of manufacturing practice and warehouse practice
food rules
The "Texas Current Good Manufacturing Practice and Good Warehousing
Practice in Manufacturing, Packing, or Holding Human Food Rules" adopted by
the Texas Department of Health on August 15, 1999, as amended, are hereby
incorporated into this article by reference and food sanitation, as it relates to the
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manufacturing and warehousing of food, within the city shall be enforced and
regulated in accordance with said rules. A copy of said rules shall be filed with the
City Secretary and a copy maintained in the office of environmental health, which
said copies shall be available for public inspection during the business hours of
the offices in which they are maintained.
Sec. 8.16.006 Kitchens in private homes; feeding the public
(a) Notwithstanding any provision to the contrary in this article, an individual in
a kitchen in a private home may prepare food that is time/temperature controlled
for safety 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
subsection (a) shall:
(1) Transport the food to the feeding site in a clean conveyance and
serve or distribute the food within four (4) 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, or is otherwise in compliance
with title 25 Texas Administrative Code, section 228.147(a)(3); 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 ensure 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 228.222(a) — (k),
228.249 (c)(1)(2), and 228.253 (b)(4) shall be adhered to by the individual.
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(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:
QIto] M
THIS FOOD WAS PREPARED IN A KITCHEN
THAT IS NOT INSPECTED BY ANY
HEALTH INSPECTOR OR HEALTH AGENCY
Sees. 8.16.007-8.16.030 Reserved
Division 2. Permit
Sec. 8.16.031 Required; transfer; posting; temporary establishments
(a) It shall be unlawful for any person to operate a food establishment within
the city or its police jurisdiction who does not possess a valid permit issued to him
by the city environmental health department. Only a person who complies with
the provisions of this article shall be entitled to receive and retain such a permit.
(b) Permits shall not be transferable from one person to another person or place.
(c) A valid permit shall be posted in a conspicuous place in every food
establishment.
(d) Permits for temporary food service establishments shall be issued for a
period of time not to exceed fourteen (14) days.
Sec. 8.16.032 Plan review; application
(a) Prior to submission of an application for permit, a person shall obtain a
plan review of the location of the food establishment, which said plan review shall
be conducted by the city environmental health department. Said plan review fee
shall be one hundred fifty dollars ($150.00).
(b) Any person desiring to operate a food establishment shall make written
application for a permit on forms provided by the city environmental health
department. Such application shall include:
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(1) Food service permit, and child care food service permit:
Base Risk Factor Risk Category Permit Fee
0-15 1 $125.00
16-30 2 $200.00
31-50 3 $300.00
over 51 4 $400.00
(2) Food processing permit:
Square footage 0-1,000: $135.00;
Square footage 1,001-5,000: $160.00;
Square footage 5,001-10,000: $180.00; and
Square footage over 10,000: $200.00.
(3) Temporary food service permit:
For first two (2) days: $60.00; and
For each day after first two (2) days, a day: $15.00.
(4) Reinspection fee: $90.00.
(5) Charitable and nonprofit organizations that do not charge fees for
the sale of food or food -related services shall be exempt from permit fees.
Sec. 8.16.035 Suspension
(a) Violations generally. Permits under this article may be suspended by the city
health officer for failure to comply with the requirements hereof.
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(b) Noncompliance with notice. Whenever a permit holder or operator has
failed to comply with any notice issued under the provisions of this article, the
permit holder or operator shall be notified in writing that the permit is, upon
service of the notice, immediately suspended, and that an opportunity for a
hearing will be provided if a written request for a hearing is filed with the City
Manager by the permit holder within ten (10) days.
(c) Conduct of hearing. The hearings provided for in this article shall be
conducted by the permit and license appeal board and shall be conducted in
accordance with the provisions of article 2.03, division 3, section 2.03.071 et seq.,
of this code.
Sec. 8.16.036 Reinstatement after revocation
Any person whose permit under this article has been suspended may, at any time,
make application for a reinspection for the purpose of reinstatement of the permit.
Within forty-eight (48) hours following receipt of a written request, including a
statement signed by the applicant that in his opinion the conditions causing
suspension of the permit have been corrected, the city health officer shall make a
reinspection. If the applicant is in compliance with the requirements of this article,
the permit shall be reinstated.
Sees. 8.16.037-8.16.060 Reserved
Division 3. Food Manager Certification"
See. 8.16.061 Food Manager Certification
All persons operating a food establishment shall comply with the provisions of
title 25 Texas Administrative Code, section 228.33.
Sec. 8.16.062 Department examination related to late fees
Department examinations will not be provided to any licensee that is over thirty
(30) days delinquent in renewing a license.
See. 8.16.063 Department audits
Audits of certified food manager licensees shall be conducted to assess
compliance with these rules. Audits may be based on analysis of data compiled by
the department.
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Sec. 8.16.064 Denial, suspension and revocation of certified food manager
license
A certified food manager license may be denied, suspended or revoked for the
following reasons:
(1) A licensee, examination administrator, or proctor breaches the security
agreement;
(2) A licensee is delinquent in payment of fees as described in this division; or
(3) Violation of the provisions of this division.
Sec. 8.16.065 Denial, suspension and revocation procedures
Denial, suspension and revocation procedures under this division shall be
conducted in accordance with section 8.16.035(b) and (c) of this article.
SECTION 2. THAT violation of any provision of this Ordinance shall be deemed
a misdemeanor with a fine not to exceed Two thousand dollars ($2,000), punishable as
provided by Sec. 1-4 of the Code of Ordinances of the City of Lubbock.
SECTION 3. THAT should any paragraph, section, clause, phrase or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of the
Ordinance shall not be affected thereby.
SECTION 4. THAT the City Secretary of the City of Lubbock, Texas, is hereby
authorized and directed to cause publication of the descriptive caption of this Ordinance
as an alternative means of publication provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 28th day of Januar; 2016.
Passed by the City Council on second reading this 11th day of gel, 2016.
GLE (W RTSON, MAYOR
rvfy11:lW
Rebe ca Garza, City SecretarQ
APPROVED AS TO CONTENT:
9PA)GI--
Stuart
Walker
Code Administration Director
APPROVED AS TO FORM: