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Home My WebLink About026741 RES - 04/18/2006RESOLUTION APPROVING ORDERS OF THE CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT TO CONDUCT FOOD ESTABLISHMENT PERMITTING AND CERTIFICATION OF FOOD MANAGERS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS SECTION 1. The City of Corpus Christi, as a member of the governing body of the Corpus Christi - Public Health District, ( "District "), hereby approves order of the District to authorize food establishment permitting. A copy of the order is attached as Exhibit A. SECTION 2. The City of Corpus Christi, as a member of the governing body of the Corpus Christi - Public Health District, ( "District "), hereby approves order of the District to authorize certification of food managers. A copy of the order is attached as Exhibit B. SECTION 3. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: April 13, 2006 Lisa Aguilar Assistant City Attorney For City Attorney Henry Garre Mayor h 7 4 1 EXHIBIT A AN ORDER REGARDING THE REGULATION OF' FOOD ESTABLISHMENTS 1N( I.UDING FOOD SERVICE ESTABLISHMENTS, RETAIL FOOD STORES, MOBIL F FOOD UNITS. TEMPORARY FOOD ESTABLISHMENTS, AND R( >ADSIDE FOOD VENDORS WHEREAS, the legislature has enacted legislation. codified as Chapter 437 of the Texas Health & Safety Code. which provides public health district's authority to enforce state law and rules concerning food service establishments, retail food stores, mobile food units. and roadside food vendors: and WHEREAS, the City of Corpus Christi and Nueces County are members of the City of Corpus Christi - Nueces County. Texas Public Health District (hereinafter referred as -Public Health District-). The Public Health District does not have a governing board. The governing body for each member of the Public Health District must adopt this Order after a noticed public hearing pursuant to section 437.005 of the Texas Health & Safety ( -ode WHEREAS, due notice was given of a public hearing and a meeting to determine whether the Commissioners Court of Nueces County and the City Council of the City of Corpus Christi as members of the Public Health District should enact a Public Health District Order enforcing state laws and rules concerning food service establishments, retail t od stores. mobile food units. and roadside food vendors; and WHEREAS, said public hearing and a meeting were held in accordance with the notice thereof. and the evidence and arguments were presented and considered by the governing bodies of the Public Health District; and WHEREAS. the Corpus Christi City Council and Nueces County Commissioners Court each find that it is of public concern that the Public Health District regulate state laws and rules concerning food establishments, retail food stores, mobile food units, and roadside food vendors in order to prevent an\ injury to the public health: and WHEREAS, the Corpus Christi City Council and Nueces County Commissioners Court have each considered the matter and each deems it appropriate to enact this Public Health District Order adopting the provisions of Chapter 437, and amendments thereof, and the current rules or rules as amended by the Texas Board of Health found in 25 Texas Administrative Code, Chapter 229, Sections 161 through 171 and 183 through 175 regarding the regulation of food establishments in this jurisdiction, and amendments thereof: Section 1. Enforcement of State Law and Rules and Definitions Nueces County Commissioners Court. and Corpus Christi City Council adopts by reference the provisions of Chapter 4 37, and amendments thereof, applicable to Public I- xh;hit 2 Health District and the current rules or rules as amended by the Texas Board of Health found in 25 Texas \ dministrative Code, Chapter 229, Sections 161 through 171 and 173 through 175 regarding the regulation of food establishments in this jurisdiction, and amendments thereof. The word�jurisdici for ' means the territorial area of the members of the Public Health Dist rio [he words "state laws and rules" mean the state laws found in Chapter 437 of the Texas I lealth & Safety Code. and amendments thereof_ and the state rules found at 25 Texas Administrative Code ('hapter 229. Sections 161 through 171 and Sections 173 through 175 and amendments thereof. The words `regulator■ authority.' mean the Nueces County Health Authority and authorized agent or employee or City of Corpus Christi Health Authority and authorized agent or employ ee :: -ir the Public Health District Health Authority and authorized agent or employee [ he w ords -author zec agent or employee" mean the employees of the regulatory authornv. The word "department" means the -Texas Department of Health. The words "food establishment mean a food service establishment, a retail food store, a temporary food establishment, a mobile food unit. and /or roadside food vendor. Section 2. Permits and Exemptions A person may not operate a food establishment without a permit issued by the regulatory authority. Permits are not transferable from one person to another or from one location to another location. except as otherwise permitted by this order. A valid permit must be posted in or on every mood establishment regulated by this order. If a person has obtained a permit prior to adoption of this Order to operate a food establishment enforced by the Department, such permit will be valid until its expiration daf.� EXEMPTIONS A food establishment operated solely by a non -profit organization is exempt from permitting requirements of this order. but is not exempt from compliance with state laws and rules. The regulatory authority may require any information necessary to determine whether an organization is nonprofit for purposes of this exemption. A bed and breakfast establishment with seven or fewer rooms for rent that serves only breakfast to its overnight guests is not a food establishment for purposes of this order. F xh0h11 v 3 And other bed and breakfast is a food establishment and shall follow the applicable state rules and must obtain a permit under this order. Section 3. Application for Permit and Fees Any person desiring to operate a food establishment must make a written application for a permit on forms provided by the regulatory authority. The application must contain the name and address of each applicant. the location and type of the proposed food establishment and the applicable fee. An incomplete application will not be accepted. Failure to provide all required information, or falsifying information required may result in denial or revocation of the permit. Renewals of permits are required on an annual basis and they same informaton is required for a renewal permit as for an initial permit. Prior to the approval of an initial permit or the renewal of an existing permit, the regulatory authority shall inspect the proposed food establishment to determine compliance with state laws and rules A food establishment that does not comply with the state laws and rules may be denied a permit or the renewal of a permit. The following fee schedule applies to permits issued under this order: Prior to the issuance of a health permit. the applicant shall pay a fee according to the following schedule Food service or food processing establishments: $309.00 $28a.u0 $22;.0(1 $170.00 5140.()() $ 8s.00 $ 3" .l }0 5 v.()(t Hav ing more than fifty (50) employees ... Having twenty -six through fifty (50) employees... ila‘ ing nineteen (19) through twenty -five (25) employees ... Hat ing nine (9` through eighteen (18) employees... Flax ing four (4) through eight (8) employees. Having fewer than four (4) employees... 1 empotary food service establishments... Retail )ood stores Mobile units Frozen desserts Fate fec 1 + No fee will be charged for a food service operation conducted by a taxing authority, such as a school district, whether local, state, or federal 2) For permanent establishments, the fee shall be reduced by twenty -five (25) percent if the permit is issued in April. May. or June: by fifty (50) percent if the permit is issued in .lulu . t 0-H h i t ,, 4 Section 4. Review of Plans and Subsequent Inspection 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 before work is begun. Extensive remodeling means that 20% or greater of the area of the food establishment is to be remodeled The plans and specifications shall indicate the proposed layout, equipment arrangement. mechanical plans and construction of materials of work areas, and the type and model of proposed fixed equipment and facilities. The plans and specifications will be approved by the regulatory authority if they meet the requirements of state law and rules. The approved plans and specifications must be followed in construction, remodeling or conversion. Failure to follow approved plans and specifications, when required. will result in a permit denial. suspension. or revocation. Section 5. Denial. Suspension. or Revocation of Permit ifhc regulatory authority may. after giving notice and providing an opportunity for hearing. deny suspend. or revoke a permit for anv of this order, the state law, or the state rules The notice of the reasons for the denial, suspension. or revocation of the permit shall be in writing and mailed by certified mail, return receipt requested, to the permit holder or applicant at the address as shown on the permit application or renewal. The reason for the denial, suspension or revocation shall be stated in the notice. The permit holder or applicant shall have twenty days from the receipt of the notice letter to request a hearing on the dental. suspension. or revocation. If no request for hearing is received by the regulatory authority after twenty days of receipt of the notice by the permit holder, or applicant, the regulatory authority- may take the proposed action without a hearing. If a hearing is requested within the twenty day period, the hearing shall be conducted by a hearing officer appointed by the regulatory authority. The hearing officer shall appoint a time, dal . and location for the hearing. Both the regulatory authority and the permit holder or applicant shall have the right to present witnesses and evidence in the hearing. Based on the evidence presented at the hearing. the hearing officer shall make a final written decision in the matter and shall notify the regulatory authority and the permit holder or applicant Section 6. Enforcement of Order Section 6a. Civil Remedy A city attorney. count) attorney, or district attorney may sue in district court to enjoin a food service establishment. retail food store, mobile food unit, or roadside food vendor from operating without a permit if a permit is required. xh!hll \ 5 Section 6b. Criminal Remedy A person commits an offense i f the person operates a food service establishment, retail food store. mobile food unit, or roadside food vendor without a permit required by the Public Health District in which the entity is operating. An offense under this section is a Class C misdemeanor. Each day on which a violations occurs constitutes u separate offense. Section 7. Severabtlity 11�anv section. subsection. sentence. clause, phrase. or portion of this order 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 order. Section 8. Amendment or Modification of Order The Public Health District. through the Corpus Christi City Council and Nueces County Commissioners ( "ourt, may amend or modify this order to reflect current state law and state rules Section 8. Effective Date The provisions of this .)rder shall take effect on April 24, 2006 tixhihit ( 1 EXHIBIT B \N ORDER RE(_IARDING THE CERTIFICATION OF FOOD MANAGERS WHEREAS, the legislature has enacted legislation, codified as Chapters 437 and 438 of the Texas Health and Safety ('ode, which provides counties and public health districts authority to enforce state lave and rules concerning food service establishments. retail food stores, mobile food units- roadside food endors. and requiring certification of food managers; and WHEREAS, the City of Corpus Christi and Nueces County are members of the City of Corpus Christi -- Nueces ('aunt■ . !cxas Public Health District (hereinafter referred to as "Public Health District The Public Health District does not have a governing board. The governing body for each member of the Publii Health District must adopt this Order after a noticed public hearing pursuant io Section 436.0(15 of the hexas Health and Safety Code. WHEREAS, due notice was given of a meeting and public hearing to determine whether the Commissioners Court of Nueces County and the City Council of the City of Corpus Christi as members of the Public Health District should enact a Public Health District Order enforcing state law and rules concerning 'ood service establishments. retail food stores, mobile food units, roadside food vendors, and requiring certification of food managers; and WHEREAS, said meeting and public hearing were held in accordance with the notice thereof, and the evidence and arguments there presented were considered by the governing bodies of the Public Health District: and WHEREAS, the Corpus Christi City Council and Nueces County Commissioners Court each finds that it is of public health concern that the Public Health District regulate state laws and rules concerning food establishments. retail food stores, mobile food units, roadside food vendor', and certification of food managers in order to prevent any injury to the public health; and WHEREAS, Corpus ('hristi City Council and Nueces County Commissioners Court have each considered the matter and each deems it appropriate to enact this Public Health District Order adopting the provisions 01 Chaptei 437, and amendments thereof. and the current rules or rules as amended by the Texas Board of Health found in 25 Texas Administrative Code, Chapter 229, Sections 161 through 171 and 183 through 175 regarding the regulation of food establishments in this jurisdiction and Char er 438. Subchapter G. and amendments thereof; As pro ided by 'texas Health and Safety Code (HSC). §437.0076. a county or public health district may require each fixed or mobile location retail establishment in which food is prepared on -site for sale to the public that holds a permit issued by the county or public health district to employ a rood manager certified under HSC, Chapter 438, Subchapter G. Section 1 Food Manager Certification Requirement and Definitions One certified food manager must he employed by each permitted food establishment. Certification must he obtained by bassin an examination approved by the Texas Department of xhihit E! Health and meeting all requirements in HSC, Chapter 438, Subchapter G, and 25 TAC §229.176 (relating to Certification of Food Managers). The words 'food establishment" mean a fixed or mobile location retail establishment in which food is prepared on -site for sale to the public. 1'he words 'food manager mean an individual who conducts. managers, or operates a food establishment_ Section 2. Exemptions The following food establishments are exempt from the requirements of this order: 1 ? establishments that handle only prepackaged food and do not prepare or package food: 2 ! child -care facilities. as defined by Section 42.002, Human Resources Code; 3 3 establishments that do not prepare or handle exposed potentially hazardous foods as defined in 25T \C §229.162.(66); or 4; nonprofit organizations as defined in 25 TAC §229.371(9) (relating to Permitting Retai 1 Food Establishments) Section 3 Responsibilities of a Certified Food Manager Responsibilities of a certified food manager include: 1 ? identifying hazards in the day-to-day operation of a food establishment that provide food for human consumption: 2 developing or implementing specific policies, procedures or standards to prevent toodborne illness: 3. supervising or directing food preparation activities and ensuring appropriate corrective actions are taken as needed to protect the health of the consumer; 4 training the food establishment employees on the principles of food safety; and 5 i performing in -douse self-inspections of daily operations on a periodic basis to ensure that policies and procedures concerning food safety have been implemented and are being followed Section 4. Certificate Reciprocity xhibit i 3 A certificate issued to an individual who successfully completes an examination approved by the Texas Department of Health shall be accepted as meeting the training and testing requirements under ll Si' 038.046( ). Section 5. Certificate Posting The original food manager certificate shall be posted in a location in the food establishment that is conspicuous to consumers. section 6. Severability If any section. subsection. sentence. clause, phrase, or portion of this order 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 order. Section 7 Amendment or Modification of Order The Public Health District. through the Corpus Christi City Council and Nueces County Commissioners Court, may amend or modify this order to reflect current state law and state rules. Section 8 Effective Date The provisions of this order shall take effect on April 24. 2006. . ORP> ! CHRISTI. 1 E XAS OW I)AY OF The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody ('ooper Terry Garcia Hill Kell' Rex A. hinnison .1ohn Mare:- Jesse Novoia Mark Scott f r . 2006 11