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HomeMy WebLinkAboutOrdinance No. 625 CITY OF THE COLONY, TEXAS ORDINANCE NO. ~5 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 10, ARTICLE III, SECTION 10-60 RELATING TO PERSONNEL; ADOPTING A REQUIREMENT TO HAVE A CERTIFIED FOOD SERVICE OPERATOR; INCLUDING DEFINITIONS; REQUIRING FOOD SERVICE OPERATOR CERTIFICATION FOR SUPERVISORY PERSONNEL OF FOOD ESTABLISHMENTS WITHIN THE CITY LIMITS; ESTABLISHING REQUIREMENTS FOR FOOD SERVICE OPERATOR CERTIFICATION; EXEMPTING CERTAIN FOOD SERVICE ESTABLISHMENTS FROM CERTIFICATION; ESTABLISHING PROOF OF KNOWLEDGE AND CERTIFICATION; ESTABLISHING THE TERM OF CERTIFICATIONS; ESTABLISHING REQUIREMENTS FOR PROOF OF CERTIFICATION; ESTABLISHING FOOD SERVICE OPERATOR REGISTRATION WITH THE CITY; PROVIDING A PENALTY; PROVID/NG INJUNCTIVE RELIEF, PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section I. Purpose. The purpose of this ordinance is to require the certification of supervisory personnel of food service establishments; so that supervisory personnel shall have knowledge of safe techniques for storage, preparation, display and service of foods with the underlying purpose of preventing foodborne illness and protecting the public health and so that supervisory personnel shall have knowledge to train employees under their supervision regarding same. A. For the purpose of this ordinance. (1) "Supervisory personnel" means individuals having supervisory, training, or management responsibilities as well as any other person working in a food service establishment who may be in charge of food preparation or service with authority and responsibility to direct or control such activities. (2) "Food" means any raw, cooked, or processed edible substance, ice, beverage or ingredient used or intended by use or sale in whole or in part, for human consumption. (3) "Foodborne Illness" means an incident in which two or more persons experience a similar illness, usually gastrointestinal in nature, after ingestion of a common food, and epidemiological analysis implicates the food as the source of the illness. (4) "Food Service Establishment: means any place where food is prepared or provided and intended for individual portion service, and includes the site at which individual portions are provided. The term includes any such place regardless of whether consumption is on or off the premises and regardless of whether or not there is a charge for the food. The term also includes retail food stores, mobile food units, and pushcarts. The term does not include private homes where food is prepared or served without compensation for individual family consumption, the location of food vending machines, and supply vehicles. (5) "Law" includes Federal, State and local statutes, ordinances and regulations. (6) "Mobile Food Unit" means a vehicle-mounted food service establishment designed to be readily movable. (7) "Packaged" means contained in bottle, can, carton, secure wrapping or other types of containers and includes both hermetically and non-hermetically sealed packaging. (8) "Person" includes an individual or individuals, a partnership, a corporation, an association, or other legal entity. (9) "Person in charge" means the individual present in a food service establishment who is represented to the designated representative of the regulatory authority as the supervisor of the food service establishment at the time of inspection. If no individual is the apparent supervisor, then any employee present may be designated by the health authority as the person in charge. A person who exercises control over or operates a mobile food unit or pushcart is the person in charge. (10) "Potentially hazardous food" means any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, or other ingredients including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does not include clean, whole, uncracked, odor- free shell eggs or foods which have a pH level of 4.5 or below or a water activity (Aw) value of 0.85 or less. (11) "Pushcart" means a non-self-propelled vehicle limited to serving non-potentially hazardous foods or commissary-wrapped food or limited to the preparation and serving of frankfurters. (12) "Regulatory Authority" means the State and/or local enforcement authority or authorities having jurisdiction over the food service establishment. (13 "Temporary Food Service Establishment" means a food service establishment that operates at a fixed location for a period of time of not more than 14 consecutive days in conjunction with a single event or celebration. Section 2. Food Service Operator's Certification Required. A. Except as provided in Section 3, it shall be unlawful for any person owning, operating or managing any food service establishment within the City of The Colony to fail to employ and fail to keep on each shift in his employment at least one certified food service operator, who is in a supervisory position at said establishment and who has a valid and current certificate which satisfies the requirements of Section 4 below. A certified operator must be an on-site employee of the permitted establishment. B. The regulatory authority will require additional certified operators (minimum one [1] per shift) to ensure that all food preparation and service is performed under the direction of certified supervisory personnel. It shall be unlawful for any person owning, operating, or managing a food service establishment to allow the food service establishment to be operated with less than the required number of operators. C. Whenever the food service operator holding the certificate terminates employment, is terminated, or transferred to another food service establishment, the person owning, operating or managing the food establishment shall be allowed sixty (60) days from the date of termination or transfer of the certificate holder to comply with this section. Section 3. Exemption From Requirements. A. Food service establishments that serve, sell or distribute only pre-packaged foods and/or food which are not potentially hazardous may be exempted from these requirements by the regulatory authority. B. The regulatory authority may waive or modify the requirements of this ordinance for temporary food service establishments special facilities and/or events. Section 4. Proof of Kn~wledse. All certified food service operators who register in the City of The Colony must provide the regulatory authority with documentation verifying their knowledge of safe food handling procedures and foodborne illness prevention. Satisfactory documentation may consist of one of the following: A. A certificate from an accredited testing agency which certifies that the applicant has achieved a passing score on an examination, which has been designed to measure the understanding and application of safe food handling techniques and practices. B. A certificate from a Training Program which has been approved by the State Health Department under the provisions of State Law. C. The regulatory authority may require certified supervisory personnel to successfully complete additional training as specified by the regulatory authority, when: 1. The employing food service establishment has repeated or persistent violations of critical health code requirements and effective corrective action has not been taken over a reasonable period of time, as determined by the regulatory authority, or 2. The employing food service establishment is suspected by the regulatory authority as the source of foodborne illness. All costs associated with required additional training shall be the responsibility of the food service establishment. Section 5. Term of Certification. When the food service operator meets the requirements of Section 4, above, the regulatory authority shall issue a Food Service Operator Certificate. This certificate shall expire at the end of three (3) years from date of issue. Section 6. Renewal of Certificate. All certified food service operators shall renew their certificate every three (3) years in accordance with Section 4. Section 7. Proof of Certification. Each certified food service operator shall display his/her certificate in a prominent location in the establishment or carry it on his/her person when on duty, as directed by the regulatory authority. Section 8. Certificate not transferable. A Food Service Operator's Certificate is not transferable from one to another person. Section 9. Registration of Certified Food Servicn Operators. A. All certified food service operators who are employed by food service establishments within the City of The Colony will register with the Inspections Department of the City, effective January 1990. B. The holder of a Food Service Operator Certificate will be allowed ninety (90) days from the effective date to comply with registration at the Inspections Department. C. The term of this registration will be one (1) year, and shall be renewable on the anniversary of registration with the Inspections Department. Section I0. Penalty for violation. Any person (or responsible officer of that person) who violates a provision of this Ordinance or any person who is the holder of a Food Service Operator's Certificate who does not comply with the requirements of this Ordinance, shall be deemed guilty of an offense and upon conviction of the Municipal Court of the City of The Colony, shall be subject to a fine not to exceed Two Thousand Dollars ($2,000.00) for each offense, and each and every day such violation continues, shall constitute a separate offense. Section 11. Injunctive Relief. In addition to and cumulative of all other penalties, the City of The Colony shall have the right to seek injunctive relief for any and all violations of this Ordinance. Section 12. Severabilit~. If any section, sub-section, sentence, clause, phrase, or portion of this ordinance, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 13. Effective Date. The provisions of this ordinance shall take effect ten (10) days from and after publication of this ordinance as required by Law. PASSED AND APPROVED this ~-day o~ ~-1990. Don mlck, Mayo~ ' ATTEST: APPROVED AS TO FORMS: John Boyle, City Attorney