HomeMy WebLinkAboutOrdinance 22822-08-2017 ORDINANCE NO. 22822-08-2017
AN ORDINANCE AMENDING ARTICLE IV, "FOOD
ESTABLISHMENTS," OF CHAPTER 16, "HEALTH AND SANITATION"
OF THE CODE OF THE CITY OF FORT WORTH,TO AMEND SECTIONS
16-121, "STATE LAWS AND REGULATIONS ADOPTED" AND SECTION
16-135, "FARMERS MARKET," TO REVISE THE CHAPTER
REFERENCE TO THE TEXAS ADMINISTRATIVE CODE FOR THE
TEXAS FOOD ESTABLISHMENT RULES; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR
PUBLICATION; AND NAMING AN EFFECTIVE DATE.
WHEREAS, there is a need to protect the health, safety, and welfare of the citizens of the
City of Fort Worth; and
WHEREAS, rules to safeguard public health and provide consumers food that is safe,
unadulterated, and honestly presented are a mechanism to protect the health, safety, and welfare
of the City of Fort Worth; and
WHEREAS, the Texas Food Establishment Rules, previously found in 25 Texas
Administrative Code, Chapter 229.161 et. al, have changed and are now provided at 25 Texas
Administrative Code, Chapter 228; and
WHEREAS, adoption by ordinance of the new and revised Texas Food Establishment
Rules is necessary to allow enforcement of the Texas Food Establishment Rules in compliance
with State law.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
SECTION 1.
That the Code of the City of Fort Worth, Texas (2015), as amended, is hereby further
amended by amending Subsections(b)(2)of Section 16-121, State Laws and Regulations Adopted,
which shall be and read as follows:
Sec. 16-121 STATE LAWS AND REGULATIONS ADOPTED.
(a) The following statutes, in their current form and as they may hereafter be amended, are
adopted and incorporated into this article as if they were set forth at length herein:
(1) The "Texas Food, Drug and Cosmetic Act," Tex. Health and Safety Code Chapter 431;
and
(2) The "Minimum Standards of Sanitation and Health Protection Measures," Tex. Health
and Safety Code Chapter 341.
(b) The following regulations adopted by the Texas board of health, in their current form and
as they may hereafter be amended, are adopted and incorporated into this article as if they were
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set forth at length herein. If there is a conflict between a rule and any section of this article, the
more restrictive provision shall apply:
(1) The"Sanitary Rules for Food and Drug Establishments," Tex. Administrative Code Title
25, §§ 229.41 et seq.; and
(2) The rules for "Texas Food Establishments Rules," Tex. Administrative Code Title 25,
Chapter 228.
(c) The director will assure that a current copy of each rules manual will be kept on file in the
office of the city secretary.
(d) A food establishment's owner, manager or operator commits an offense if an employee,
owner, manager or operator of the food establishment violates a rule adopted pursuant to
subsection (b) above.
SECTION 2.
That the Code of the City of Fort Worth, Texas (2015), as amended, is hereby further
amended by amending Subsection 16-135, "Farmers Markets" to remove specific numeric
references to the Texas Administrative Code Section 229 and replace with a reference to the
"Texas Food Establishment Rules,"which shall be and read as follows:
Sec. 16-135 FARMERS MARKETS.
(a) General provisions.
(1) No person shall operate a farmers market without a valid farmers market permit issued by
the code compliance department. A copy shall be conspicuously posted at the site of the farmers
market.
(2) Farmers markets shall be located only on appropriately zoned property. The owner or
operator of the farmers market shall obtain a notarized letter from the property owner stating that
the market has permission to vend food on the property. The notarized letter shall be submitted to
the director along with the farmers market permit application.
(3) Conveniently located, commercial, fixed-plumbed toilet facilities shall be available for
market vendors. A notarized letter from the business owner granting the market vendors access to
toilet facilities during all hours of the farmers market operation shall be submitted with the farmers
market permit application.A copy of the letter shall be made available to the director upon request.
All toilets shall conform to the city code and shall have tight fitting, self-closing solid doors. Toilet
rooms and fixtures shall be clean and in good repair. Toilet paper shall be available and easily
accessible at all times. Toilets accessible to women shall have a trash receptacle that is covered
with a lid.
(4) A handwash lavatory with hot and cold water under pressure and tempered through a
mixing valve shall be provided in or immediately adjacent to the toilet room. A soap dispenser and
disposable paper towels shall be available at all times. All wastewater shall be captured and
disposed of in an approved sewage disposal system.
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(5) The permit holder shall ensure that all trash, refuse and garbage is removed from the site
at the end of each day or that trash, refuse and garbage is placed in appropriate containers for later
disposal. The premises occupied by the farmers market shall be kept clean and free of accumulated
trash, refuse or garbage during and after the hours of operation. All trash, refuse and garbage that
remains at the market site shall be sealed in plastic bags and discarded in waste containers.
Sufficient durable, nonabsorbent and easily cleanable, leak proof, rodent and insect proof refuse
and garbage containers shall be available on site.
(6) It shall be unlawful for any farmers market food vendor to engage in food preparation
other than that involved in sampling.
(b) Sale and distribution offood at farmers markets.
(1) Farmers market food vendor permit required:
a. A farmers market food vendor that sells or distributes food, other than packaged food that
is nonpotentially hazardous food or whole uncut fresh produce must obtain a farmers market food
vendor permit;
b. A farmers market food vendor that provides samples of any food must obtain a farmers
market food vendor permit; and
c. A farmers market food vendor that sells only whole uncut fresh produce or packaged
nonpotentially hazardous food will not be required to obtain a farmers market food vendor permit.
(2) No person shall sell or distribute food, other than packaged food that is nonpotentially
hazardous or whole uncut fresh fruits and vegetables unless a farmers market food vendor permit
is obtained from the department.
(3) A farmers market food vendor permit holder must comply with the requirements for
temporary food establishments specified in the Texas Food Establishment Rules and this chapter.
(4) Food shall be safe, unadulterated and honestly presented to the consumer.
(5) Food sold at a farmers market must comply with applicable state and federal laws.
(6) Individuals distributing or offering open food or potentially hazardous foods for sale at
farmers markets must have a valid food handler certificate.
(7) Foods not from an approved source, as defined in Texas Food Establishment Rules, shall
not be offered for sale at a farmers market.
(8) Packaged food sold or distributed at farmers markets shall be labeled in accordance with
the requirements of applicable state and federal laws.
(9) All products distributed, offered for sale, or sold at a farmers market must have been
raised, grown, made, crafted, processed or produced by the farmers market food vendor.
(10) Food products obtained from food retailers or wholesalers may not be offered for resale
at farmers markets.
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(11) Offering samples of food products is prohibited unless the farmers market food vendor
has a valid farmers market food vendor permit from the department.
(12) Food displays shall be confined to tables or to the bed of a vehicle. Food must beat least
six inches above the ground. Fresh produce shall not be cut or sliced unless a farmers market food
vendor permit is obtained by the farmers market food vendor conducting the sale and distribution
of the cut produce.
(13) Food displays shall be situated above smooth, hard, paved surfaces such as concrete or
machine laid asphalt, and not above grass or dirt surfaces.
(14) Farmers market food vendors selling or distributing only whole produce and packaged
nonpotentially hazardous foods from an approved source are exempt from obtaining additional
health permits.
(c) Sale and distribution of potentially hazardous foods at farmers markets. Farmers market
food vendors must meet the following public health and sanitation requirements for potentially
hazardous foods, whether in the raw(uncooked) or ready-to-eat form.
(1) Source. Potentially hazardous foods must be from a source in compliance with all
applicable laws and which is licensed by the regulatory authority having jurisdiction over the
processing and distribution of the food.
a. Meat and poultry products must have either the State of Texas or the federal USDA mark
of inspection if required by state or federal law.
b. Yard eggs from an individual vendor's own flock may be sold at a farmers market. The
labeling and temperature requirements for potentially hazardous foods must be met.
c. Graded shell eggs may be sold at farmers markets. The requirements of the Texas Egg
Law(Tex. Administrative Code Title 4, §§ 15.1 through 15.13) must be met.
(2) Packaging. Animal foods shall be packaged to meet the requirements of state and federal
laws including but not limited to those in the Texas Food Establishment Rules.
a. Animal meat products must be in the package in which it was placed at the food
processing plant from which it originated.
b. Unpackaged raw animal food products shall not be offered for sale or distribution to the
consumer at a farmers market.
c. Yard and graded shell eggs must be sold in cartons or other containers and labeled.
d. Potentially hazardous foods sold at farmers markets must be packaged and labeled in
accordance with state and federal law.
(3) Labeling. Animal food sold or distributed at farmers markets shall be labeled to meet the
requirements of state and federal laws and:
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a. Animal foods that are not ready-to-eat in a packaged form and shell eggs that have not
been specifically heat treated to destroy all viable Salmonellae shall be labeled to include safe
handling instructions as specified in the Texas Food Establishment Rules;
b. Yard eggs cartons shall be labeled with the word "ungraded" and the name and address
of the producer (Tex. Administrative Code Title 4, § 15.2); and
c. Graded shell eggs must meet the labeling requirements of the Texas Egg Law (Tex.
Administrative Code Title 4, §§ 15.1 through 15.13).
(4) Time and temperature controls.
a. Raw animal meats must be sold frozen at a farmers market.
b. Shell eggs must be stored at 45°F or less while offered for sale or in distribution at a
farmers market.
c. Time and temperature requirements for all other potentially hazardous foods not specified
herein must meet the requirements specified under the Texas Food Establishment Rules where
applicable.
(5) Prohibited food items.
a. The sale and distribution of fish, including seafood, as defined in the Texas Food
Establishment Rules, is prohibited at a farmers market.
b. The sale and distribution of unpasteurized fluid milk and milk products as defined by
Tex. Administrative Code Title 25, § 217.1(38) is prohibited at a farmers market.
c. The sale and distribution of game animal and exotic animal meats,as defined in the Texas
Food Establishment Rules, are prohibited at a farmers market,unless such game animal and exotic
animal meat can be demonstrated to meet the requirements of the Texas Food Establishment Rules.
d. The sale or distribution of live animals is prohibited at a farmers market.
(d) Offense. A person commits an offense if that person violates any provision of this section,
or fails to perform an act required by this section.
SECTION 3.
That this ordinance shall be cumulative of all other ordinances of the City of Fort Worth,
Texas, and shall not repeal any of the provisions of such ordinances, except in those instances
where provisions of such ordinances are in direct conflict with the provisions of this ordinance.
SECTION4.
That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any
and all violations of the City Code, or any amendments thereto that have accrued at the time of the
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effective date of this ordinance; and as to such accrued violations, and all pending litigation, both
civil and criminal, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
SECTION 5.
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 shall be declared void, ineffective or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs or sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation herein of any such void, ineffective or
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 6.
That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation
exists shall constitute a separate offense.
SECTION 7.
That the City Secretary of the City of Fort Worth, Texas, is hereby directed to publish this
ordinance for two(2)days in the official newspaper of the City of Fort Worth,Texas,as authorized
by the V.T.C.A. Local Government Code Subsection 52.013.
SECTION 8.
This ordinance shall take effect after adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
By: v
Melinda arms, Sr. Assistant City Attorney aryxq s , Ci S retary
Adopted: August 15, 2017 tt
Effective: ,
Ordinance No.22822-08-2017
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/15/2017 - Ordinance No. 22822-08-2017
DATE: Tuesday, August 15, 2017 REFERENCE NO.: **G-19067
LOG NAME: 23HEALTH AND SANITATION
SUBJECT:
Adopt Ordinance Amending Article IV "Food Establishments," of Chapter 16, "Health and Sanitation" of the
Code of the City of Fort Worth (2015) to Revise the Chapter Reference to the Texas Administrative Code of
the Texas Food Establishment Rules (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 16, Article IV of
the City Code which governs food establishments, to revise the Texas Administrative Code chapter
reference for the Texas Food Establishment Rules to: 1) protect the health, safety and welfare of the
citizens of the City of Fort Worth, 2) safeguard public health and 3) allow enforcement in compliance with
State Law.
DISCUSSION:
In October 2015 the Texas Department of State Health Services revised and updated the "Texas Food
Establishment Rules" previously residing in 25 Texas Administrative Code (TAC) 229.161 — 229.171 and
229.173 — 229.175 and moved to 25 TAC 228.
The City had previously adopted the Texas Food Establishment Rules (TFER) with specific reference to
TAC 229.161 et. seq. Though the name of the Texas Food Establishment Rules remains the same in the
TAC, the move from Section 229 to Section 228 requires an amendment to Chapter 16 to reflect this move
and revision of the TFER. The amendments to the ordinance provide consistency throughout the
ordinance where the TFER is referenced. Additionally, these changes will not impact the existing
departmental and divisional policies and procedures.
A survey of Texas benchmark cities revealed that Dallas, Houston, El Paso and San Antonio have already
amended their ordinances to reflect the move and revision of the TFER.
No additional amendments are being proposed.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon adoption of the revised Article IV "Food Establishments" of
Chapter 16, "Health and Sanitation" of the Code of the City of Fort Worth will not have a material impact
on the 2017 budget.
Logname: 23HEALTH AND SANITATION Page 1 of 2
FUND IDENTIFIERS (FIDs):
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Fund, Department Iccouni Project !Program!Activity Budget Reference # �L moun
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CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Brandon Bennett (6345)
Ben Carson (6336)
Additional Information Contact: Elmer DePaula (7251)
Logname: 23HEALTH AND SANITATION Page 2 of 2