§ 13-20. Rules on food service sanitation—Adopted; compliance procedures.

The Texas Food Establishment Rules, 25 TAC § 228, as adopted by the Texas Board of Health in October, 2015, and as they may be modified by the Texas Board of Health from time to time, are hereby adopted as the minimum standards for food establishments within the corporate city limits of the City of Grand Prairie, Texas; provided, however, that in said rules the words "municipality of ___________" shall be understood to refer to the City of Grand Prairie and the words "regulatory authority" shall be understood to refer to the city manager or his designated representative. A copy of the Texas Food Establishment Rules hereby adopted, shall be on file in the office of the city secretary.

(a)

Permits, licenses or certificates generally. No person shall operate a full-service or limited use food service establishment, food manufacturing establishment, drinking establishment, food warehouse, or retail food store who does not have a valid permit issued to him by the regulatory authority. Only a person who complies with the requirements of these rules shall be entitled to receive and retain such a permit. Permits are not transferable. A valid permit shall be posted in conspicuous public view in every food establishment. Permits shall not be defaced or altered in any way. Permits shall be valid for a period of one (1) year from the date of issuance. Application and permit fees are nonrefundable and will not be prorated.

(1)

The fee for initial issuance of a permit is two hundred dollars ($200.00) for application and the cost listed in subsections 13-20(a)(2)a—e.

(2)

The fee for each annual renewal of the permit shall be:

a.

Food service ..... $500.00

b.

Licensed child care center food permits:

1.

Less than 100 children ..... $50.00

2.

100 children to 199 children ..... $100.0

3.

More than 199 children ..... $200.00

The fee shall be dependent upon a facility's licensed capacity.

c.

Convenience store ..... $300.00

d.

Other food establishments ..... $250.00

e.

Feeding programs authorized by the U.S. Department of Agriculture or the Texas Department of Agriculture ..... $25.00

Any failure to pay the annual fee shall cause the permit to be automatically revoked.

(3)

The fee for change of ownership of a food establishment shall be one hundred fifty dollars ($150.00).

(4)

The fee for replacement of permits shall be twenty-five dollars ($25.00).

(5)

The fee for issuance of temporary food service permits for special events for a maximum of four (4) events per location, per year, shall be fifty dollars ($50.00) each.

(6)

The fee for a "recurring" temporary food service permit at special events that is limited to more than four (4) events, but less than thirteen (13) events per location, shall be two hundred fifty dollars ($250.00) for a twelve-month period from the date of issuance.

(7)

The fee to operate a mobile packaged food unit to vend commercially prepared, prepackaged foods or fresh produce in its natural state shall be:

a.

Hot truck ..... $250.00

b.

Cold truck ..... $200.00

c.

Ice cream truck ..... $175.00

d.

Ice cream pushcart ..... $130.00

e.

Stationary food unit ..... $130.00

(8)

Itinerant vendor. A vendor operating to sell non-time/temperature controlled for safety (TCS), state-approved, commercially prepared, prepackaged food or fresh whole produce in its natural state at a flea market or trade fair. The food establishment fee shall be two hundred dollars ($200.00).

(9)

Any permit that lapses for nonpayment of the annual permit fee required in this article will be reinstated upon payment of an additional fee of fifty dollars ($50.00) for each thirty-day period in which the permit has been allowed to lapse.

(10)

Mobile food units and stationary food unit fees for operators strictly on City of Grand Prairie or Grand Prairie Independent School District property, with permission from the property owner, are hereby waived. Mobile and stationary food units operated by GPISD shall also be waived. A special permit shall be issued.

(b)

Issuance of permit. The following provisions shall apply to the issuance of permits:

(1)

Any person desiring to operate a food establishment shall make a written application for a permit on forms provided by the regulatory authority. Such application shall include the name and address of each applicant, the location and type of the proposed food establishment, and the signature of each applicant.

(2)

Prior to approval of an application for a permit, the regulatory authority shall inspect the proposed food establishment to determine compliance with the requirements of these rules.

(3)

The regulatory authority shall issue a permit to the applicant if its inspection reveals that the proposed food establishment complies with the requirements of these rules.

(c)

Suspension of permit. The following shall apply to the suspension of permits for the operation of a food establishment:

(1)

The regulatory authority may without warning, notice or hearing [may] suspend any permit to operate a food establishment if the holder of the permit does not comply with the requirements of these rules, or if the operation of the food establishment otherwise constitutes a substantial hazard to public health. Suspension is effective upon service of the notice required by subsection (e) of this section. When a permit is suspended, food operations shall immediately cease. Whenever a permit is suspended, the holder of the permit shall be afforded an opportunity for a hearing within twenty (20) days of receipt of a request for a hearing.

(2)

Whenever a permit is suspended, the holder of the permit, or the person in charge, 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 regulatory authority by the holder of the permit, license or certificate within ten (10) days. If no written request for hearing is filed within ten (10) days, the suspension is sustained. The regulatory authority may end the suspension at any time if reasons for suspension no longer exist.

(d)

Revocation of permit. The regulatory authority may, after providing opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of these rules or for interference with the regulatory authority in the performance of its duties. Prior to revocation, the regulatory authority shall notify the holder of the permit, or the person in charge, in writing of the reason for which the permit is subject to revocation and that the permit shall be revoked at the end of the ten (10) days following service of such notice unless a written request for a hearing is filed with the regulatory authority by the holder of the permit within such ten-day period. If no request for hearing is filed within the ten-day period, the revocation of the permit becomes final.

(e)

Service of notices. A notice provided for in these rules is properly served when it is delivered to the holder of the permit, or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit. A copy of the notice shall be filed in the records of the regulatory authority.

(f)

Hearings. The hearings provided for in these rules shall be conducted by the regulatory authority at a time and place designated by it. Based upon the recorded evidence of such hearing, the regulatory authority shall make a final finding, and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the permit by the regulatory authority.

(g)

Application after revocation. Whenever a revocation of a permit has become final, the holder of the revoked permit may make written application for a new permit.

(h)

Inspections. An inspection of a food establishment or retail food store shall be performed at least once each year. Additional inspections shall be performed as often as necessary based on food risk assessment criteria to assure compliance with these rules.

(i)

Correction of violations. The following shall apply to the correction of violations:

(1)

Failure to comply with any time limits for corrections may result in cessation of food operations. An opportunity for appeal from the inspection findings and time limitations will be provided if a written request for a hearing is filed with the regulatory authority within ten (10) days following cessation of operations. If a request for a hearing is received, a hearing shall be held within twenty (20) days of receipt of that request.

(2)

Whenever a food establishment is required under the provisions of this rule to cease operations, it shall not resume operations until such time as a reinspection determines that conditions responsible for the requirement to cease operations no longer exists. Opportunity for reinspection shall be offered within a reasonable time.

(j)

Examination and condemnation of food. Food may be examined or sampled by the regulatory authority as often as necessary for enforcement of these rules. The regulatory authority may, upon written notice to the owner or person in charge specifying with particularity the reasons therefore, place a hold order on any food which it believes is in violation of the Texas Food Establishment Rules. The regulatory authority shall tag, label, or otherwise identify any food that is subject to the hold order. No food subject to a hold order shall be used, served, or moved from the establishment. The regulatory authority shall permit storage of the food under conditions specified in the hold order, unless storage is not possible without risk to the public health, in which case immediate destruction shall be ordered and accomplished. The hold order shall state that request for hearing may be filed within ten (10) days and that if no hearing is requested the food shall be destroyed. A hearing shall be held if so requested, and on the basis of evidence produced at that hearing, the hold order may be vacated, or the owner or person in charge of the food may be directed by written order to denature or destroy such food or to bring it into compliance with the provisions of these rules.

(k)

Review of plans. The following shall apply when food establishments are remodeled or constructed:

(1)

Whenever a food establishment is constructed or extensively remodeled and whenever an existing structure is converted to use as a food establishment, properly prepared plans and specifications for such construction, remodeling, or conversion shall be submitted to the regulatory authority for review and approval before construction, remodeling or conversion is begun. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans, and construction materials of work areas, and the type and model of proposed fixed equipment and facilities. The regulatory authority shall approve the plans and specifications if they meet the requirements of the Texas Food Establishment Rules. No food establishment shall be constructed, extensively remodeled, or converted except in accordance with plans and specifications approved by the regulatory authority.

(2)

Whenever plans and specifications are required to be submitted to the regulatory authority, the regulatory authority shall inspect the food establishment prior to its beginning operation to determine compliance with the approved plans and specifications and with the requirement of these rules.

(3)

The food establishment guidelines is a reference for examples of approved materials for finishes in extensively remodeled or new food service facilities.

(4)

Any vendor requesting to sell products requiring refrigeration, freezing, cooking or heating shall obtain a food establishment permit and install NSF-approved commercial equipment as a part of our plan review process.

(l)

Food handler's certificate and certified food protection manager required. Any person who does not possess a valid food handler's certificate showing satisfactory completion of an accredited course that is certified by the American National Standards Institute (ANSI) or the Texas Department of State Health Services in sanitary food handling within sixty (60) days after his or her employment in a food service, drinking or food manufacturing establishment shall not be allowed to continue his or her employment (exception: those individuals possessing a Grand Prairie Food Manager Certificate).

(1)

The fee for attending the food handlers class shall be fifteen dollars ($15.00). The fee for replacement of a lost certificate shall be five dollars ($5.00).

(2)

Current food handler's certificates for each employee shall be available at such food service, drinking or food manufacturing establishment for review by the regulatory authority. Certificates are the property of the person named thereon and must be returned by employers to such person upon cessation of employment.

(3)

Food service establishment owners, managers and persons in charge of any food service establishment shall, upon request by the regulatory authority, provide documentation of the dates of employment of any employee of such establishment.

(4)

No owner, manager or person in charge shall permit any person to be employed therein whose work brings him into contact with the handling of food, utensils or food service equipment unless a valid food handler's training certificate has been received by the management as required in this section.

(5)

At least one (1) person in charge of a food establishment shall demonstrate knowledge and training of the Texas Food Establishment Rules (TFER), by being a certified food protection manager (CFPM). The CFPM shall show proficiency of required information through passing a department of state health services (DSHS) approved examination through an accredited training program or licensed test site. Additionally, the CFPM shall respond correctly to the inspector's questions as they relate to the specific food operation.

a.

The permit holder of every food establishment shall ensure that at least one (1) person in charge at each location has a valid food protection management training certificate issued or approved by the department of state and health services as proof of successful completion of a DSHS accredited training program exam or licensed test site exam.

b.

The permit holder shall display the Grand Prairie Food Protection Manager Certificate available for immediate inspection upon request by the regulatory authority.

c.

The fee for obtaining a Grand Prairie Food Manager Certificate (GPFMC) shall be fifty dollars ($50.00). This fee shall not be prorated. The fee for replacement of a lost GPFMC certificate shall be ten dollars ($10.00).

d.

Individuals meeting the criteria noted in subsections 13-20(l)(7)a—e., shall obtain a Grand Prairie Food Manager Certification (GPFMC). The expiration date of the certified food manager certificate issued by DSHS or an approved accredited agency listed by DSHS, and shall not exceed a period of two (2) years.

e.

The permit holder of a new food establishment and existing food establishment that has changed ownership, or a food establishment whose certified food protection manager has transferred or resigned shall have thirty (30) days to comply with the requirements of this section.

f.

The following food establishments are exempt from the requirements of this section: Temporary food establishments and permanent food establishments that sell or distribute only prepackaged foods or uncut produce and do not prepare or package food; food establishments that serve only fountain drinks, coffee and bottled alcoholic beverages. Other establishments may be determined on a case-by-case basis depending on the types of food handling operations to be used, and the overall risk to the public health with approval by the director or manager.

g.

State-approved food protection management training, as required by V.T.C.A., Health and Safety Code ch. 438, subch. D, shall substitute for the required food handler training. A food handling certificate will not be re-required upon presentation of a valid food protection management training certificate.

(m)

Dogs on food establishment patios.

(1)

A food establishment with an outdoor patio under its exclusive ownership or control may allow the presence of dogs on the patio only.

(2)

A separate entrance must be provided from the outside of the food establishment to the outdoor patio so that the dog will have direct access to the patio without entering the interior of the food establishment or any playground area of the food establishment.

(3)

The outdoor patio must be continuously maintained to be free of visible dog hair, dog dander, and other dog-related waste debris. Waste created from a dog's bodily functions must be cleaned up immediately after the occurrence. Such waste must be disposed of outside of the food establishment in an appropriate waste receptacle.

(4)

Dogs must be kept on a leash, or in a secure bag or container. All dogs must wear a collar or harness with a current rabies tag attached to it.

(Code 1964, § 15.7; Ord. No. 3457, § 1, 5-10-83; Ord. No. 3583, § 1, 2-21-84; Ord. No. 3879, § 1, 10-22-85; Ord. No. 4242, § 1, 9-8-87; Ord. No. 5140, § 1, 9-7-93; Ord. No. 5637, § 2, 8-20-96; Ord. No. 6415, § 2, 4-17-01; Ord. No. 6514, § 1, 9-18-01; Ord. No. 6879, § 1, 8-4-03; Ord. No. 7197, § 1, 5-3-05; Ord. No. 7263, § 1, 9-20-05; Ord. No. 9029, §§ 1—3, 6-1-10; Ord. No. 9120-2010, § 1, 11-2-10; Ord. No. 9733-2014, §§ 1, 2, 6-17-14; Ord. No. 9910-2015, § 1, 9-15-15; Ord. No. 10238-2017, § 1, 3-7-17; Ord. No. 10285-2017, § 1, 7-18-17; Ord. No. 10334-2017, § 1, 9-19-17; Ord. No. 10384-2017, § 1, 11-7-17)

State law reference

Sanitation of food handlers, V.A.C.S. art. 4476—10; sterilization of dishes, art. 4476—9.