Chapter 14. Food and Food Handlers

The definitions, the inspection of food service establishments, the issuance, suspension and revocation of permits to operate food service establishments, the prohibiting of the sale of unsound or mislabeled food or drink, and the enforcement of this chapter shall be regulated in accordance with the Texas Department of State Health Services, Division for Regulatory Services, Environmental and Consumer Safety Section, Policy, Standards and Quality Assurance Unit, "Texas Food Establishment Rules," 25 Texas Administrative Code §§ 229.161-71, 229.173-75, copies of which may be viewed at the City of Bellaire Community Development Department and are available for private use through the Texas Department of State Health Services.

The health official of the City of Bellaire shall be charged with the responsibility for enforcement of the terms and provisions of this chapter. The term "health official," as used in this chapter, shall refer to the health official or his designee or any employee, officer or other person designated by the health official to enforce the terms and provisions of this chapter.

a. No person shall operate a food service establishment who does not have a valid permit, license or certificate issued to him by the health official of the City of Bellaire. Only a person who complies with the requirements of this chapter and the rules herein adopted 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 food service establishment.

b. Based on the risks of foodborne illness inherent in food operation, during inspections and upon request the person in charge shall demonstrate to the regulatory authority knowledge of foodborne disease prevention, application of the Hazard Analysis Critical Control Point principles, and the requirements of these rules. The person in charge shall demonstrate this knowledge by being a certified food protection manager who has shown proficiency of required information through passing a department approved examination.

a. Any person desiring to operate a permanent or temporary food service establishment shall make written application for a permit, license or certificate on forms provided by the City of Bellaire. Such application shall include the name and address of each applicant, the location and type of proposed food service establishment and the signature of each applicant.

b. Prior to approval of an application for a permit, license or certificate, the health official shall inspect the proposed food service establishment to determine compliance with the requirements of this chapter and the rules herein adopted.

c. The health official shall issue a permit, license or certificate to the applicant if his inspection reveals that the proposed food service establishment complies with the requirements of this chapter and the rules herein adopted.

d. The applicant shall pay a fee per calendar year for such permit, license or certificate. Such fees shall be set from time to time by the city manager.

a. The health official may, without warning, notice or hearing, suspend any permit, license or certificate to operate a food service establishment if the holder of the permit, license or certificate does not comply with the requirements of this chapter and the rules herein adopted, or if the operation of the establishment does not comply with the requirements of this chapter and such rules, or if the operation of the food service establishment otherwise constitutes a substantial hazard to public health. Suspension is effective upon service of the notice required by subsection (b) of this section. 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 city clerk of the City of Bellaire 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 health official may end the suspension at any time if reasons for suspension no longer exist.

The health official may, after providing opportunity for a hearing, revoke a permit, license or certificate for serious or repeated violations of any of the requirements of this chapter and the rules herein adopted or for interference with the health official in the performance of his duties. Prior to revocation, the health official 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 city clerk of the City of Bellaire 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.

A notice provided for in this chapter 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, or when it is delivered by the health official or his representative in person to the last known address of the holder of the permit, license or certificate.

The hearings provided for in this chapter shall be conducted by the health official at a time and place designated by him. Based upon the recorded evidence of such hearing, the health official 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 health official and a copy thereof shall be filed with the city clerk.

Any person aggrieved by the decision of the health official may appeal to the city council of the City of Bellaire by filing written notice of such appeal with the city clerk of the City of Bellaire within 20 days of the date of the final report of the health official. The city council shall conduct a hearing de novo, and its decision shall be final and binding.

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.

a. Inspection frequency. An inspection of a food service establishment shall be performed at least once every six months. Additional inspections of the food service establishment shall be performed as often as are necessary for the enforcement of the terms and provisions of this chapter and the rules herein adopted.

b. Access. Agents of the health official, after proper identification, shall be permitted to enter any food service establishment at any reasonable time, for the purpose of making inspections to determine compliance with this chapter and the rules herein adopted. The agents shall be permitted to examine the records of the establishment to obtain information pertaining to food and supplies purchased, received or used, or to persons employed.

Whenever an inspection of a food service establishment or commissary is made, the findings shall be recorded in a form approved by the Texas Department of State Health Services, a copy of which is on file with the Community Development Department of the City of Bellaire. 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.

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 rules of the Texas Department of State Health Services, in particular 25 TAC 229.171 with appropriate documentation of such correction, including possible re-inspection. In the case of an imminent health hazard, food service shall cease until authorized by the health official.

b. The inspection report shall state that failure to comply with any time limits for corrections may result in cessation of food service 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 city clerk of the City of Bellaire 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 food service establishment is required under the provisions of this chapter and the rules herein adopted 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 exist. Opportunity for reinspection shall be offered within a reasonable time.

An inspection report form, based on the requirements of this chapter, is available for examination in the office of the Community Development Department of the City of Bellaire. Such copies will be available for public disclosure to any person who requests it according to law, in the Community Development Department of the City of Bellaire.

Food may be examined or sampled by the health official as often as necessary for enforcement of the terms and provisions of this chapter and the rules herein adopted. The health official may, upon written notice to the owner or person in charge specifying with particularity the reasons therefor, place a hold order on any food which he believes is in violation of subsection (a) of rule .003, or any other provision of this chapter or the rules herein adopted. The health official 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 health official 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 with the city clerk of the City of Bellaire within ten days and that if no hearing is requested, the food shall be destroyed. A hearing shall be held, if so requested, by the health official; and on the basis of evidence produced at that hearing, the hold order may be vacated, or the owner or 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 this chapter and the rules herein adopted.

a. Submission of plans. Whenever a food service establishment is constructed or extensively remodeled and whenever an existing structure is converted to use as a food service establishment, properly prepared plans and specifications for such construction, remodeling or conversion shall be submitted to the health official 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 health official shall approve the plans and specifications if they meet the requirements of this article and the rules herein adopted. No food service establishment shall be constructed, extensively remodeled or converted except in accordance with plans and specifications approved by the health official.

b. Pre-operational inspection. Whenever plans and specifications are required by subsection (a) of this section to be submitted to the health official, the health official shall inspect the food service establishment prior to its beginning operation to determine compliance with the approved plans and specifications and with the requirements of this chapter and the rules herein adopted.

No person who is infected with any transmissible condition of any infectious or contagious disease shall work in, on or about any food establishment or deliver any article therefrom.

When the health official has reasonable cause to suspect the possibility of disease transmission from any food service establishment employee, he may secure morbidity history of the suspected employees or make any other investigation as may be indicated and shall take appropriate action. The health official may require any or all of the following measures:

a. The immediate exclusion of the employee from all food service establishments;

b. The immediate closing of the food service establishment concerned until, in the opinion of the health official, no further danger of disease outbreak exists;

c. Restriction of the employee's services to some area of the establishment where there would be no danger of transmitting disease; and/or

d. Adequate medical and laboratory examination of the employee, or other employees and of his and their body discharges.