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HomeMy WebLinkAboutIR 8006 0 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8006 +F.RTI Rf Jurie 4, 1996 F To the Mayor and Members of the City Council X Subject: 1 7 3 AMENDMENT OF CITY CODE CHAPTER 16 "HEALTH AND SANITATION" Events of the past few years show that we are in the midst of a reawakening of food safety concerns and that all levels of government have to do more to assure the safety of the food supply. Foodborne illness in the United States is a major cause of personal distress, preventable death, and avoidable economic burden. An estimated 24 to 81 million people become ill from microorganisms in food, resulting in an estimated 10,000 deaths every year. The annual cost of foodborne illness is estimated to be between$7.7 and$23 billion. For many victims, foodborne illness results only in discomfort or lost time from the job. For some, especially, preschool age children, the elderly in health care facilities, and those with impaired immune systems, foodborne illness is more serious and may be life threatening. The Fort Worth Health Department has primary responsibility for preventing foodborne illness and for licensing and inspecting establishments within the retail segment of the food industry. The industry in Fort Worth consists of more than 2,100 food establishments and employs a work force of over 23,000. The importance of this responsibility is most often recognized when foodborne outbreaks occur. The Centers for Disease Control and Prevention, Atlanta, Georgia, have consistently stated that where foodborne outbreaks were caused by mishandling of food, most of the time the mishandling occurred within the retail segment of the food industry, i.e., restaurants, markets, schools, churches, camps, institutions and vending locations. We, as regulators, must increase our effectiveness at monitoring industry's efforts. Although a number of governmental jurisdictions share responsibility,the Fort Worth Health Department assumes the "front- line" responsibility for inspection and enforcing federal, state, and local laws. Our efforts help ensure that foods sold in retail stores or offered for consumption in restaurants and institutions are safe. Central to our efforts is the development of a food code that provides the latest and best scientifically based advice about preventing foodborne illness - one that places greater emphasis on the health, knowledge, and responsibilities of industry management and personnel. Consistent with this approach, the Federal Food and Drug Administration is in the process of changing its food safety strategy. The emphasis is on preventing problems rather than detecting them in the finished product. This means industry must take more responsibility for preventing problems. The purpose of the City Code Chapter 16, Health and Sanitation, is to protect the public's health and to ensure that certain standards are met in the design, construction, maintenance, and operation of food service establishments in the City of Fort Worth. The Code requires permits for construction of food facilities and annual permits for the operation of food facilities. The Code additionally provides for inspection authority, criminal penalty and permit suspension. City Code Chapter 16 was recodified in 1986. Since 1986, the Code has been amended by three ordinances. Ordinance #9827, adopted on February 17, 1987, established a new fee for food handlers cards and a fee for replacement of lost cards. Ordinance #9861, adopted on April 21, 1986, and Ordinance #10046, adopted on January 19, 1988, established new and revised fee schedules for food facilities. The current permit fee schedule for food establishments is attached for reference. (Attachment 1) .......... 01 "'Fir j1h IS"'C CRE'TARY 'TY 11. WORTH, TO ......o ..... ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS ............. INFORMAL REPORT TO CITY COUNCIL MEMBERS No. &)o6 June 4, 1996 To the Mayor and Members of the City Council Page 2 of 9 TExAy Subject: AMENDMENT OF CITY CODE CHAPTER 16 "HEALTH AND SANITATION" This report identifies deficiencies in the current code. Improvements are proposed by repealing the following articles: Article IV, "Food and Food Establishments Generally";Article V, "Frozen Desserts"; Article VI, "Meat and Meat Products"; Article VII, "Milk and Milk Products"; Article VIII, "Poultry Processing"; and Article XIV, "Permits for Certain Businesses, Occupations,and Vocations". Amending Chapter 16, by adopting a new Chapter 16, Article IV, "Food Establishments", and Article XIV, "Miscellaneous Permits", establishes a new food code. Additionally, the new food code proposes authorization of new fees. The impact of these proposed changes are described in the discussion that follows. Background In preparing the proposed Food Establishments Ordinance, the draft Ordinance was distributed to the officers in the local chapter of the Texas Restaurant Association on two occasions, the Hotel Association of Tarrant County and Downtown Fort Worth, Inc. Letters announcing a public meeting on the proposal were sent to over one thousand permitted restaurant operators in the City. Additionally, the President of the Hotel Association of Tarrant County and the offices of Downtown Fort Worth, Inc. and Sundance Square were notified of the meeting by telephone. All board members of the local chapter of the Texas Restaurant Association were informed of the public meeting at the Board's October 1995 meeting. Ap� Twenty-eight individuals from the food service industry attended the October 17, 1995, public meeting. Attendees represented all facets of the food industry from large corporate restaurant chains, a local hotel and local businesses. Local business representatives were from small to large food service establishments, bed and breakfasts, non-profit institutions and medical facility food services. The meeting provided a forum for discussion of proposed changes in the regulation of food service and sale in Fort Worth. No substantive opposition was voiced to the proposed code revision by any of the attendees. Some attendees asked how the Health Department planned to provide training for the large number of food handlers in Fort Worth. Preliminary plans were provided. One asked if additional Spanish training would be offered. Resources for Spanish instruction will be purchased to fill this need. One asked why the City required food manager cards since the training was provided by vendors. The City issues food manager cards at a cost of$15 for three years to verify training. The fee defrays the costs of entering names into the database and of program materials. The proposed ordinance was also the main subject of the Consumer Health Administrator's presentation at the November membership meeting of the Fort-Worth- Tarrant County Restaurant Association. All comments received at public meetings were given consideration in the final draft of the Ordinance. It is the intent of the staff to identify all regulations pertaining to food establishment facilities in one section of the City Code to facilitate the permitting process for the food establishment owner. Codes in other departments that apply to food establishment operations include the Plumbing Code, Mechanical Code, Electrical Code, Building Code, Zoning Code, and Fire Inspection and Protection Code. ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8006 50P To the Mayor and Members of the City Council June 4, 1996 F 0 Page 3 of 9 J't X P") Subject: '07 3 AMENDMENT OF CITY CODE CHAPTER 16 "HEALTH AND SANITATION" The proposed Ordinance also complies with State codes and regulations found in: • The Texas Food, Drug and Cosmetic Act and the Minimum Standards of Sanitation and Health Protection Measures of the Texas Health and Safety Code; and • The Sanitary Rules for Food and Drug Establishments, The Rules for Food Service Sanitation and The Rules for Retail Food Store Sanitation. All of these references are from the Texas Department of Health. The proposed Ordinance is consistent with the Federal Food and Drug Administration's 1993 and 1995 Model Food Codes which are being considered for adoption by the Texas Department of Health this year. Deficiencies in Current Health and Sanitation Code Since the recodification of the current Health and Sanitation Code in 1986, major changes have taken place in the design, construction, maintenance, and operational standards for food establishments. The current code is deficient in that it: • Fails to clearly identify food safety requirements to either the industry or to Health Department staff members; • Lacks sufficient definitions and detail for adequate control of the industry; • Lacks many new concepts that have been developed to better manage the hazards associated with the preparation, serving and storage of potentially hazardous foods; • Requires Health Department oversight of some manufacturing and group facilities that are regulated by State agencies resulting in duplicated, redundant or overlapping services; • Fails to recognize a need for additional types of permits to accommodate business owners with other than traditional annual or temporary businesses, i.e., seasonal; • Contains no provisions in the current rules for the review of plans, operations or facilities when ownership changes; • Requires no reimbursement to the Department for staff member consultations as they determine the cost of bringing a facility or property up to code for prospective food facility owners/ investors; • Fails to address the slaughter of food animals inside the City limits; • Enforces restrictions in many areas that retard the development of some etwool"A104 operations; CITY J&FCJ,'J ITIF Niff ITARV WOR,Tit ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8006 June 4, 1996 To the Mayor and Members of the City Council 0 Page 4 of 9 Subject: U--4y,p�� ,a 7 3 AMENDMENT OF CITY CODE CHAPTER 16 "HEALTH AND SANITATION" • Restricts hand wash lavatory plumbing to foot or knee operated faucet controls; • Includes numerous restrictions on push carts that are unrelated to food safety, i.e., size, location of operations and types of offerings; • Restricts the use of some types of mobile food service equipment, i.e., barbecue trailers; Fails to regulate the operation of bed and breakfast facilities and farmer's markets; • Lacks authorization to require proof of regulatory oversight of out-of-town temporary event vendors or caterers; and • Requires permits for all frozen dessert machines. The biggest deficiency of the current Code is inadequate requirements for food safety training for both facility supervisors and food handlers. Currently, if a food facility has seven or more employees, only a supervisor is required to attend a State certified fifteen hour food manager's food safety training course. They, in turn, are supposed to return to their facility and train all remaining staff members. If a food facility employs less than seven food handlers, all of the food handlers are required to attend the basic one hour food handler's food safety training program provided at the Health Department. No time limits are established for acquiring the required training. There are three additional shortcomings in the existing code. The current code establishes a permit fee for frozen dessert machines. The frozen dessert machine sampling program was discontinued several years ago. Sampling is very labor intensive, cost ineffective, and inconclusive. Positive results may not be the result of unsanitary equipment in the retail food establishment. The current code also establishes a hotel/motel plan review fee of$100 plus $1 per room. Our experience does not justify the additional $1 per room fee. Finally, the Texas Department of Health inspects all food manufacturing facilities. To eliminate redundancy and duplication, and to relinquish responsibility to the proper authority, the proposed ordinance eliminates the permit requirement for food manufacturers. Improvements in Proposed Food Ordinance The proposed ordinance addresses the deficiencies outlined above by incorporating new management techniques and establishing essential training standards. The proposed ordinance will also serve as the model Food Code that will be made available to other cities in Tarrant County. This model, when adopted by other Tarrant County municipalities, will standardize regulatory requirements for food facilities in most of the County. The proposed ordinance accomplishes the following: • Contains an expanded definitions section that clearly identifies what areas are or are not regulated by the Ordinance. The expanded definitions from Section I of the proposed "Food Establishments" Ordinance is attached for reference (Attachment 2). • Introducesinew management concepts, i.e., risk analysis and hazard analysis critical control point ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. sw6 To the Mayor and Members of the City Council June 4, 1996 Or, a Page 5 of 9 18 7 3 Subject: AMENDMENT OF CITY CODE CHAPTER 16 "HEALTH AND SANITATION" • Excludes from regulation and permitting group homes, non-profit organizations whose events are closed to the public, stores selling only prepackaged non-potentially hazardous foods and vending machine operations; • Establishes seasonal permits for the non-traditional food operator who operates less than 180 days per year but more than 14 days as a temporary event vendor; • Establishes a fee for pre-permit requests for services that are requested by prospective business owners/investors; • Permits the installation of foot or knee operated faucet controls on lavatories as well as several acceptable alternatives; • Prohibits the slaughter of food animals and the location of slaughter houses in the City unless permitted by the United States Department of Agriculture or the Texas Department of Health; • Liberalizes the definition of mobile food units to include BBQ trailers; • Limits push cart requirements to those associated with food safety; • Provides a procedure to assure mobile food vehicle operators are charged the appropriate vendor and vehicle fees. Managers of mobile food units must present their vehicle registration issued in the mobile food vendor's name; • Requires caterers and temporary event food vendors not located in the City to present a permit issued by a regulatory authority for their food preparation facility; • Establishes minimum requirements for bed and breakfast homes and for farmer's markets; and • Eliminates permitting requirements for frozen dessert machines. As mentioned earlier, the biggest deficiency in the current code is inadequate requirements for food safety training for both facility supervisors and food handlers. The proposed ordinance corrects the training deficiencies in that it: • Establishes basic annual food handler training requirements for all public food facility food handlers with certain exemptions; • Provides for on-site food handler training by Health Department staff for the standard fee or by the employer (if approved by the Director) at a reduced fee; and • Requires a certified food manager on each shift and establishes -time­iawVvi* le to I ro 0 R 11 obtain food manager or food handler training. CITY SECK RY 11,11 WORT09 TEX. 7.n ..........­ ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS " INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8006 5 0)? 0 To the Mayor and Members of the City Council Page 6 of 9 X c, Subject: AMENDMENT OF CITY CODE CHAPTER 1614HEALTH AND Currently, all food establishments in Fort Worth with seven or more employees (except those dealing only in fresh produce and/or prepackaged non-potentially hazardous food) must have a trained and certified food manager. Managers become certified by attending privately conducted 15 hour food manager training that is certified by the Texas Department of Health. The proposed ordinance expands the requirement for a food manager to be present on all shifts, regardless of the number of staff employed. Additionally, the ordinance requires a basic one hour food handler class for all public facility food handlers. T'his proposal eliminates exempting food handler training for establishments with a food manager on staff with more that 7 food handlers. Training is the pillar of public health disease transmission prevention programs. It is the most effective and efficient tool available to public health professionals. Trainers can deliver their message to large target audiences in a short time. The importance of food handler training is emphasized in light of the fact that most foodborne disease is the result of mishandled food. Health Department inspectors frequently identify these improper food handling techniques on daily reports. Because of the close association between improper food handling and poor personal hygiene, the proposed ordinance establishes a basic food handler training requirement for all public food facility employees who handle open foods or who handle clean utensils and wares. Basic food handler training can alleviate many of the 4,760 deficiencies noted in Health Department inspections from Oct I-Dec 31, 1995. A chart summarizing the changes in the current Food Code as described above, is attached for reference. (Attachment 3) Fiscal Impact 'ne FY 1995 revenue from permitting frozen dessert machines was $5,880. Eliminating the permit requirement for frozen dessert machines will reduce the Division's annual revenue by an estimated $5,880. Reducing the Hotel/Motel plan review fee by $1.00 per room will reduce annual revenues by an estimated $500. Eliminating the food manufacturing permit requirement will reduce annual permit revenues by $14,545. To ac^v/uuu/uu"e a u^jux expansion of uu"u,/8 ucuv/uox for ^uvu managers and xuuu umw/,um as proposed, additional resources in staff and equipment will be required in the Fort Worth' Health Department. There are 2`l17permitted food establishments and mobile food units in the City of Fort Worth. They onnp|ny 23,878 food boud|eo. However, 1,586 food handlers are employed in food manufacturing which is regulated by the Texas Department nfHealth. With the adoption ofthe proposed ordinance, food manufacturers and dbeb employees will no longer be regulated hy the City. ]BmD}oyoem of food manufacturers would not horequired to attend food handler training. The remaining 22,%92food handlers iu Fort Worth would require basic food handler training each year. In fiscal year 1995, 5,757 food handlers in the City of Fort Worth received annual food handler training. The balance, 16,535 food handlers, would require food handler training each year to comply with the proposed ordinance. If food establishment materials, Health Department would provide annual food handler training to the remaining 15,535. If the proposal is enacted, the additional new required food handler training would potentially gooeroio oudnuutnd oddid0oatnc*9reveou6hf$I28,280 ($4,UO0 from employer provided training 0 $4 each and $124,288 r from Health ep0cto/ect'pruvidod training a $8 cuohl. ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS ' ��� � INFORMAL REPORT TO CITY COUNCIL MEMBERS No 8006 `pE soar To the Mayor and Members of the City Council Jtn-x-- 4, 1996 0 Page 7 of 9 Z3 X P1y Subject: AMENDMENT OF CITY CODE CHAPTER 16 "HEALTH AND SANITATION" The Health Department would need resources in addition to current staffing to provide acceptable service to the food service industry. To meet projected needs, the Division would conduct approximately 1,100 food handler classes (22-23 classes per week with an average of 20 food handlers per class). To provide these additional training classes, two (2) additional health educators would be needed to provide instruction at the Health Center and at on-site locations. Two additional Clerk Typist Its would be needed to schedule classes, register trainees, collect and deposit fees, enter names into the database and prepare training cards and to maintain supplies for the classes. The additional staffing would enable the current Consumer Health Specialists to concentrate on field activities and enable the Division to work toward its goal of improved responsiveness to the industry. The proposed increase in staffing can be accomplished at no net cost to the City. Estimated Budget. for Food Handler TraininE Estimated Food Handler Training Revenue Estimated Total Annual Training Program Revenue for 21,292 Food $170,336 Handlers (excluding 1,586 Food Manufacturing Employees and 1,000 Food Handlers Trained by Employer) Total FY 1995 Food Handler Training Revenue (5,757 @ $8) 46,056) TOTAL Estimated Potential New Revenue from New Food Handler $ Training (15,535 @ $8) Estimated New Expenses for New Food Handler Training Salaries $74,376. Benefits 19,872. Total Personnel 94,248 Mileage 1,200. Office Supplies (cards, printer cartridges, overhead projectors, audiovisual resources, scantron forms, etc.) Total Supplies OFFICIAL RE, I Total Capital Expenditures (Computer hardware, software, CITY f ARY ringboard for LAN hookup, TV/VCR) IT WORTH, TOTAL Estimated New Expenses for New Food Handler Training (First Year) 115 448. ISSUED BY THE CITY MANAGER — FORT WORTH, TEXAS b • u� INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8006 June 4, 1996 a�aorrr,� To the Mayor and Members of the City Council > � $ of 9 A � lexPy. Subject: AMENDMENT OF CITY CODE CHAPTER 16 "HEALTH AND SANITATION" TOTAL Estimated Potential Net Revenue from New Food Handler Training (First Year) $ $32 TOTAL Estimated Potential Net Revenue from New Food Handler Training (Succeeding Years) 16 332. Additionally, several new fees are proposed to cover the cost of providing other new services. Estimated Revenue for New Services New Services and Proposed Fees Est. Annual Revenue Seasonal permit fee of$75; $ 2,250. (i.e., farmer's markets, snow cone stands) Change of ownership fee of$65; $ 6,500. (i.e., a restaurant comes under new ownership or management) Y. Pre-permit Request for Services fee of$65; $ 1,625. (i.e., an investor wants to know how much it will cost.for a property to comply with City health codes) Plan review fee for Farmers' Markets and Bed $ 325. and Breakfast facilities of$65; (i.e., review of blueprints to ensure compliance with City health codes) Employer provided food handler training fee of $ 4,000. $4 per trainee; (i.e., the employer conducts , Department approved training for his/her employees) TOTAL Estimated Annual Revenue from New Services/Fees X4_700 ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. P T If#," Jurie 4, 1996 f 0 Rp To the Mayor and Members of the City Council Page 9 of 9 2,f X K2 Subject: Is 7 3 AMENDMENT OF CITY CODE CHAPTER 16 "HEALTH AND SANITATION" Estimated Revenue Reduction for Eliminated or Reduced Fees/Permits Fee/Permit Elimination Revenue Reduction Hotel/Motel Plan Review fee plus $1 per room ($ 500) ($100 per facility Plan Review fee remains in effect) Frozen Dessert permit fee of$15 per machine 5,880) Food Manufacturing permit (applies to 49 food (14,545) manufacturers @$135 and their 1,586 food manufacturing employees @$5 each) TOTAL Estimated Annual Revenue Reduction from Eliminated Fees/Permits a!Q_925 TOTAL Net Revenue Increase to the General Fund from Food Ordinance Proposals New Reduced and Eliminated Fees/Permits (First Year) 2,607 (Succeeding Years) 1�0107 Recommendation Staff recommends adoption of the proposed amendments to City Code, Chapter 16, "Health and Sanitation" in order to update and clarify the food safety provisions of the chapter. The update will protect the health of the public from foodborne, waterborne and communicable diseases. The proposed changes address numerous shortcomings in the current Code, incorporates new management techniques, and establishes essential training standards. If there is no objection, the staff will prepare an M&C for City Council action. If you should have any questions on this matter, please let me know or call Assistant City Mariager, Libby Watso b Terrell City Manager F ICIAL RECORD 'so b Terrell CITY SECRETARY fl, WORTH, Tpi L - ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS ­..­......................I'll, --........... Attachment 1 FORT WORTH PUBLIC HEALTH DEPARTMENT CONSUMER HEALTH DIVISION NMI FEE SCHEDULE FOOD ESTABLISHMENTS -These businesses are charged$135-00 base fee plus$5.00 per employee and $10.00 pe,. vehicle where applicable. A-1.............. Restaurant A-2.............. Snack Bar A-3.............. Grocery Store (Retail) A-4.............. Grocery St6re (Salvage) A-5.............. Warehouse Wholesale Food Products A-6.............. Lounge A-7.............. Bulk Food Sales A-8.............. Snow Cone Stand A-9.............. Produce Vendor A-10............ Mobile Food Vendor (Wrapped) A-11............ Mobile Food Vendor A-12............ Caterer(Cooked &Served) A-13............ Bakery (Retail) A-14............ Bakery (Wholesale) A-15............ Fish Market(Retail) A-16............ Meat Market - A-17............ Fish Wholesaler A-18............ Wholesale Fish Tricker A-19............ Meat Distributor A-20............ Poultry Distributor A-21............ Food Manufacturer A-22 Frozen Dessert $15.00 per establishment - A-23 Push Cart $150.00 base fee plus$50.00 for each additional vehicle A-25 Childcare Facility $125.00 base fee plus$2.50 for each employee A-28 Mobile Home Park $135.00 base fee plus$5.00 per trailer space A-29 Swimming Pool $135.00 base fee plus$5.00 per employee A-30 Spa $135.00 base fee plus$5.00 per employee A-31 Water Slide $125.00 base fee A-32 Water Supply $125.00 base fee A-33 Private School $135.00 base fee A-34 Motel& Hotel $125.00 base fee C Temporary Food Stand $25.00 for first day+$5.00 for each additional day 0 $150.00 for all stands at events closed to general public, Beverage Stands* $25.00 for first day, +$5.00 for each additional day for first stand. $5.00 for each additional stand for entire event. *Beverage stands operated by designated event coordinator. 0"K Attachment 2 r VIII, "Poultry Pr6cessing, " and Article XIV, "Permits for Certain Businesses, Occupations and Vocations. " Further, the Code of the City of Fort Worth ( 1986) , as amended, is amended by the amendment of Chapter 16, "Health and Sanitation, " by the adoption of a new Article IV, "Food Establishments, " so that hereafter said Article shall read as follows: ARTICLE IV. FOOD ESTABLISHMENTS DIVISION 1. GENERAL PROVISIONS Section 16-101. Definitions . Unless a provision explicitly ' states otherwise, the following terms and phrases, as used in this Article, shall have the meanings hereinafter designated. If a word or term used in this Article is not contained in the following list, it shall have the definition provided for such word or term in 25 Texas Administrative Code, SS 229. 161 et seq, "Rules on Food Service Sanitation, .' or 25 Texas Administrative Code, §§ 229.231 et seq, "Rules on Retail Food Store Sanitation. " Bed and breakfast home means a property with a structure(s) existing on December 21, 1993, designed for and occupied as a single-family residence providing overnight accommodations to transient guests. The structure(s) serves as the primary residence or homestead of its owner-operator, with the bed and breakfast home considered to be an accessory use under the City Zoning Code, and not the primary use of the property. The person who owns the property must also be the operator of the establishment. Beverage means soft drinks, coffee, tea, water, citric acid beverages, or commercially packaged beverages. Certified food manager means any person w a Certified Food Manager's class approve A e CITY SELRETARY F R TOL T. WO Tot 2 - Department of Health and who possesses a current Fort Worth food manager's certificate. Change of ownership means a change of owner or operator of a food establishment business, and does -not refer to a change of owner of the building where the business is located. Commissary means a fixed food service establishment permitted and regularly inspected by the Director. Director means the Director of the Health Department and the Director's authorized representatives. Employee means any person manufacturing, packaging, producing, processing, storing, selling, offering for sale, vending, preparing, serving, or handling any food in a food establishment. Extensive remodeling means any type of construction of facilities and/or replacement of equipment of an establishment permitted by the Consumer Health Division which: (a) results in a final job cost of $10,000 or more; and (b) results in a significant modification of the operation or facilities of the establishment; and (c) requires a building permit from the Department of Development of the City of Fort Worth. Farmer's market means an outdoor, open air operation of more than fourteen ( 14 ) days but less than one hundred eighty ( 180) days vending unprocessed fresh fruits, vegetables or other produce. Food means any raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for huma6 consumption. Food establishment means any place where food is manufactured, packaged, produced, processed, transported, stored, sold, commercially prepared, vended, or otherwise handled. The term includes any such place regardless of the duration of the permit or whether there is a charge for the food. The term does not include private homes where food is prepared or served for guests and individual family consumption. 3 Food handler means any person who prepares, serves, packages or handles open food or drink, or who handles clean utensils, pots, pans or single-service items. Food -operations means manufacturing, . packaging, producing, processing, transporting, storing, selling, commercially preparing, or otherwise handling food, ice or drinks, whether offered for sale, given in exchange or given away for use as food or offered for human consumption. Health Department means the Fort Worth Health Department. Mobile food unit means a vehicle-mounted food service operation designed to be readily movable. Non-potentially hazardous food means all food that is not potentially hazardous food. The following list is exemplary of such food and shall not be construed to be exclusive of any other non-potentially hazardous food: (a) popcorn; (b) shelled, unshelled, raw or roasted nuts; and (c) pretzels. OP n, Non-profit facility means: (a) All government entities and political subdivisions and public school districts. (b) organizations chartered under the Texas Non-Profit Corporation Act. (c) Operations exempted by IRS Form 501c. Potentially hazardous food means a food that is natural or synthetic and is in a form capable of supporting the rapid and progressive growth of infectious or toxigenic : microorganisms or the growth and toxin production of Clostridium botulinum. Potentially hazardous foods include an animal food (a food of animal origin) that is raw or heat-treated or a food of plant origin that is heat-treated or consists of raw seed sprouts, cut melons, or garlic and oil mixtures. Pushcart means a mobile food unit powered by human beings only. It shall not include a fixed or mobile unit solely intended for' use as a mobile bar, access ink titan , R CITY 4 F111" WORTHP or part of a service area or buffet line, if it is part of or an extension of a fixed food or beverage facility operating under a food service establishment permit and it is located on the permitted premises. Risk -analysis means an analysis using commonly known public health risks to determine the degree of hazard a food establishment poses to the public. Sanitizer means any chlorine, iodine, quaternary ammonium compound or other chemical sanitizing agent used at temperatures, pHs and concentrations in accordance with the EPA-approved manufacturer's use label and approved by the Texas Board of Health. Servicing area means a designated area provided for the supplying, cleaning or servicing of mobile units. . Single-service articles means cups, containers, lids, closures, plates, knives, forks, spoons, stirrers, paddles, straws, napkins, wrapping materials, toothpicks, and similar articles intended . for one-time, one-person use and then discarded. Temporary food service establishment means a food establishment that operates at a fixed location for not more than fourteen ( 14) consecutive days in conjunction with a single event or celebration. Utensil means any implement used in the storage, preparation, transportation, or service of, food. Wholesale fish trucker means a person who, at other than a definite and fixed place of business, sells or offers to sell or exchange fish or seafood to dealers or retailers, and at the time of such sale or offer to sell, delivers or offers to deliver the fish or seafood to the buyer. Section 16-102. Purpose. The purpose of this Article is the protection of the public health of the citizens and visitors of Fort Worth by establishing minimum standards of sanitation for food establishments and mobile food units. AM*� xn V7 GO5 ErF3 i Yy l y� G c> yr + v v N O Q) N tai) ._ 0 W Q? Cy tb o tj Qyi t 47 ` ccS 4� G O ° Q? a tin bA o O O C1 O O s- Fsh H U ` rA a -� q a �° 0 -°o 7° 7 <C E '� •H rte+ 7 b 0 0 T°x 0 0 1401 7)a 7) V) > p 0 OFFICIAL RECORD ' 2V) � � � U bA G " 4) (n "a 0 �w ' WORTH, TEX. a d 000 _.... +� of 9_ cd q N a Q. 7 (n N � N ti .� O C7 W � W � W 0 � a� O r. tbA a), — a. 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