Ordinance 1990-24 ORDINANCE 9
AN ORDINANCE DEFINING FOOD, POTENTIALLY HAZARDOUS FOOD,
RETAIL FOOD STORE, REGULATORY AUTHORITY, UTENSILS,
EQUIPMENT, ETC.; PROVIDING FOR THE SALE OF ONLY SOUND,
PROPERLY LABELED FOOD; REGULATING THE SOURCE OF FOOD;
ESTABLISHING SANITATION STANDARDS FOR FOOD, FOOD PROTECTION,
FOOD STORAGE, FOOD PREPARATION, FOOD DISPLAY, FOOD
TRANSPORTATION, RETAIL FOOD STORE PERSONNEL, FOOD EQUIPMENT
AND UTENSILS, SANITARY FACILITIES AND CONTROLS, AND OTHER
FACILITI E5; ESTABLISHING STANDARDS FOR CLEANING AND
SANITIZATION OF EQUIPMENT AND UTENSILS; REQUIRING PERMITS
FOR THE OPERATION OF RETAIL F0OD STORE ESTABLISHMENTS;
REGULATING THE INSPECTION OF SUCH ESTABLISHMENTS; PROVIDING
FOR THE EXAMINATION AND CONDEMNATION OF FOOD; PROVIDING FOR
INCORPORATION BY REFERENCE OF THE TEXAS DEPARTMENT OF
HEALTH, DIVISION OF FOOD AND DRUGS "RULES ON RETAIL FOOD
STORE SANITATION 229.231- 229.239" AND PROVIDING FOR
ENFORCEMENT OF THIS ORDINANCE, AND THE FIXING OF PENALTIES,
A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, The City of Wylie presently has no adequate
ordinance to cover Retail Food Store establishments and,
WHEREAS, such an ordinance will serve to protect the
citizens of the City of Wylie from the possibility of
contaminated food or drink.
SECTION 1. The definitions; the inspection of retail food
store establishments; the issuance, suspension and
revocation of permits to operate retail food stores; the
prohibiting of the sale of unsound or mislabeled food or
drink; and the enforcement of this ordinance shall be
regulated in accordance with the Texas Department of Health,
Division of Food and Drugs "Rules on Retail Food Store
Sanitation 229.231 229.239 three certified copies of which
shall be on file in the office of the municipal clerk:
Provided, that the words "municipality of Wylie" in said
ordinance shall be understood to refer to the City of Wylie
and the words "regulatory authority" shall be understood to
refer to the Health Officer of the City of Wylie, Texas, and
shall be construed to include any of his assistants,
deputies, inspectors, sanitarians or any other official
representative of the members of the City of Wylie Health
Office staff.
SECTION 2. Violation of the Rules on Retail Food Store
Sanitation are subject to penalties and remedies.
SECTION 3. Penalties. Any person who violates a
provision of these rules and any person who is the permit
holder of or otherwise operates a retail food store that
does not comply with the requirements of these rules and any
responsible officer of that permit holder or those persons
shall be deemed guilty of a misdemeanor and upon conviction
thereof, shall be fined a sum not exceeding one thousand
dollars ($1,000.00) for each violation. Each day upon which
such a violation occurs or continues shall constitute a
separate offense punishable under this ordinance.
SECTION 4. Severability Clause. Should any section,
paragraph, sentence, clause, or phrase of these rules be
declared unconstitutional or invalid for any reason, the
remainder of said rules shall not be affected thereby.
SECTION 5. Effective Date. This ordinance shall become
effective from and after its passage and publication as
required by law.
Dul passed and approved this, the day of
1990.
Or John W. Akin, Mayor
ATTEST:
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Carolyn C Secretary
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ATTACHMENT A
COMPLIANCE PROCEDURES
(a) Permits, Licenses, or Certificates
(1) General. No person shall operate a retail food
store who does not have a valid permit, license, or
certificate issued to him by the regulatory authority. Only
a person who complies with the requirements of these rules
shall be entitled to receive or retain such a permit,
license, or certificate. Permits, licenses, or certificates
are not transferable. A valid permit, license, or
certificate shall be posted in every retail food store
(2) Issuance of Permit. License. or Certificate.
(A) Any person desiring to operate a retail food
store shall make written application for a permit, license,
or certificate, 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 retail food store, and the signature of each
applicant.
(B) Prior to approval of an application for a
permit, license, or certificate the regulatory authority
shall inspect the proposed retail food store to determine
compliance with the requirements of these rules.
(C) The regulatory authority shall issue a permit,
license, or certificate to the applicant if its inspection
reveals that the proposed retail food store complies with
the requirements of these rules.
(2.5) Permit fee. A permit fee of $150.00 shall
accompany each application. The permit shall be valid for
one year, expiring the thirty -first day of December. Upon
the expiration of any such permit and within seven (7) days
thereafter, a person conducting or operating such business
or vehicle shall apply for and secure renewal thereof in the
same manner hereinabove provided for.
(3) Suspension of Permit, License or Certificate.
(A) The regulatory authority may, without warning,
notice, or hearing suspend any permit, license, or
certificate to operate a retail food store if the holder of
the permit, license, or certificate does not comply with the
requirements of these rules, or if the operation of the
establishment does not comply with the requirements of these
rules, or if the operation of the retail food store
otherwise constitutes a substantial hazard to public health.
Suspension is effective upon service of the notice required
by Paragraph (3)(B) of Subsection (a) of this rule. When a
permit, license, or certificate is suspended, food service
operations shall immediately cease. Whenever a permit,
license, or certificate is suspended, the holder of the
permit, license, or certificate shall be afforded an
opportunity for a hearing within 20 days of receipt of a
request for a hearing.
(B) Whenever a permit. license, or certificate is
suspended, the holder of the permit, license, or
certificate, or the person in charge shall be notified in
writing that the permit. license, or certificate 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 days. If no written request for hearing is filed within
ten days, the suspension is sustained. The regulatory
authority may end the suspension at any time if reasons for
suspension no longer exist.
(4) Revocation of Permit. License, or Certificate. The
regulatory authority may, after providing opportunity for a
hearing, revoke a permit, license, or certificate 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, license, or certificate, or the person in
charge, in writing of the reason for which the permit,
license, or certificate is subject to revocation and that
the permit, license, or certificate shall be revoked at the
end of the ten 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, license, or
certificate within such ten day period. If no request for
hearing is filed within the ten day period, the revocation
of the permit, license, or certificate becomes final.
(5) Service of Notices. A notice provided for in these
rules is properly served when it is delivered to the holder
of the permit, license, or certificate, 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, license, or certificate. A copy of the
notice shall be filed in the records of the regulatory
authority.
(6) 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 hearings, 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, license, or certificate by the regulatory authority.
(7) Application after Revocation. Whenever a revocation
of a permit, license, or certificate has become final, the
holder of the revoked permit, license, or certificate may
make written application for a new permit, license, or
certificate.
(b) Inspections
(1) Inspection Frequency. An inspection of a retail
food store shall be performed at least once every six
months. Additional inspections of the retail food store
shall be performed as often as are necessary for the
enforcement of these rules.
(2) Access. Agents of the regulatory authority, after
proper identification, shall be permitted to enter any
retail food store at any reasonable time, for the purpose of
making inspections to determine compliance with these rules.
The agents shall be permitted to examine the records of the
establishments to obtain information pertaining to food and
supplies purchased, received, or used, or to persons
employed.
(3) Report of Inspections. Whenever an inspection of a
retail food store is made, the findings shall be recorded on
the inspection report form set out in Paragraph (5) of
Subsection (b) of this rule. The inspection report form
shall summarize the requirements of these rules and shall
set forth a weighted point value for each requirement.
Inspectional remarks shall be written to reference, by
section number, the section violated shall state the
correction to be made. The rating score of the establishment
shall be the total of the weighted point values for all
violations, subtracted from 100. A copy of the inspection
report form shall be furnished to the person in charge of
the establishment at the conclusion of the inspection. The
completed inspection report form is a public document that
shall be made available for public disclosure to any person
who requests it according to law.
(4) Correction of Violations.
(A) The inspection report form shall specify a
reasonable period of time for the correction of the
violations found, and correction of the violations shall be
accomplished within the period specified, in accordance with
the following provisions:
(i) If an imminent health hazard exists, such as
complete lack of refrigeration or sewage backup into the
establishment, the establishment shall immediately cease
food service operations. Operations shall not be resumed
until authorized by the regulatory authority.
(ii) All violations of 4- or 5 -point weighted
items shall be corrected as soon as possible, but in any
event, within 10 days following inspection. Within 15 days
after the inspection, the holder of the permit, license, or
certificate shall submit a written report to the regulatory
authority stating that the 4- or 5 -point violations have
been corrected. A follow -up inspection shall be conducted to
confirm correction.
(iii) All 1- or 2 -point weighted items shall be
corrected as soon as possible, but in any event, by the time
of the next routine inspection.
(iv) When rating score of an establishment is
less than 60, the establishment shall initiate corrective
action on all identified violations within 48 hours. One or
more reinspections will be conducted at reasonable time
intervals to assure correction.
(8) The inspection report shall state that failure
to comply with any time limits for corrections may result in
cessation of retail food store 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 days following
cessation of operations. If a request for a hearing is
received, a hearing shall be held within 20 days of receipt
of that request.
(C) Whenever a retail food store 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.
(5) Inspection Report Form.
An inspection report form based on the
requirements of these rules is appended.
(c) Examination and Condemnation of Food.
(1) General. 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 therefor, place a hold order in
any food which it believes is in violation of Subsection (a)
of rule .003. or any other provision of these rules. The
regulatory authority shall tag, label, or otherwise identify
any food 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 a request
for hearing may be filed within ten days and 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 the 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.
(d) Review of Plans
(1) Submission of Plans. Whenever a retail food store
is constructed or extensively remodeled and whenever an
existing structure is converted to use as a retail food
store, 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 these rules. No retail food store shall be
constructed, extensively remodeled, or converted except in
accordance with plans and specifications approved by the
regulatory authority.
(2) Pre operational Inspection. Whenever plans and
specifications are required by Paragraph (1) of Subsection
(d) of this rule to be submitted to the regulatory
authority, the regulatory authority shall inspect the retail
food store prior to its beginning operation to determine
compliance with the approved plans and specifications and
with the requirements of these rules.
(e) Procedure When Infection is Suspected. When the
regulatory authority has reasonable cause to suspect the
possibility of disease transmission from any retail food
store employee, it may secure morbidity history of the
suspected employee or make any other investigation as may be
indicated and shall take appropriate action. The regulatory
authority may require any or all of the following measures:
(1) The immediate exclusion of the employee from all
retail food store;
(2) The immediate closing of the retail food store
concerned until, in the opinion of the regulatory authority,
no further danger of disease outbreak exists;
(3) Restriction of the employee's services to some area
of the retail food store where there would be no danger of
transmitting disease;
(4) Adequate medical and laboratory examination of the
employee, of other employees and of his or their body
discharges.
THE WYLIE NEWS P. O. •ox Sa wYUS, TOMS TWO
a
STATE O TEXAS
COUNTY OF COLLIN f
Before me, the undersigned authority, on this day personally
appeared'Pxuett Smith, of the Wylie News, a newspaper regularly
published in Collin County, Texas and having general circulation
in Collin County, Texas who being by me duly sworn deposed and
says that the forgoing attached
CITY OF WYLIE- Ordinance 90 -24
was published in said newspaper on the following dates to wit:
January 16 2'1991 and ,1991
Subscri• and sworn to before me this the c,
day of _i J ,1991 to certify which witness my
hand seal o' o ce.41
Margaret
Notary Public in and for the
State of Texas
My Commission expires 9 -12 -93
Ah..+niae Wideftenalea Ws tiA Qi.0 a 1011
Page 10 Section A THE WYLIE NEWS Wednesday, January 16, 1991
ORDINANCE 90 -24
An ordinance defining food,
potentially hazardous food,
lretail food store,regulatory
authority, utensils, equip-
ment, etc.; providing for the
sale of only sound, properly
labeled food; regulating the
source of food; establishing
sanitation standards for food,
food protection, food storage,
food preparation, food
display, food transportation,
retail food store personnel,
food equipment and utensils,
sanitary facilities and con-
trols, and other facilities;
establishing standards for
cleaning and sanitization of
equipment and utensils; re-
quiring permits for the opera-
tion of retail food store
establishments; regulating
the inspection of such
establishments; providing for
the examination and condem-
nation of food; providing for
incorporation by reference of
the Texas Department of
Health, Division of Food and
Drugs "Rules on retail food
store sanitation
229.231- 229 -239" and pro-
viding for enforcement of this
ordinance, and the fixing of
penalties, a severability
clause and an effective date.
Duly passed and approved
this, the llh day of
December, 1990.
John W. Akin, Mayor
Attest:Carolyn Jones
City Secretary
31 -1t -c