§ 6. FOOD ESTABLISHMENTS

A.

APPLICABLE TEXAS DEPARTMENT OF HEALTH REGULATIONS

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 section shall be regulated in accordance with the Texas Department of Health, Division of Food and Drugs "Rules on Food Service Sanitation 301.73.11.001-.011," three (3) certified copies of which shall be on file in the office of the Galveston County Health District; provided, that the words "regulatory authority" shall be understood to refer to the Galveston County Health District Director or his authorized representative; and the word "establishment" shall mean food service establishment; and the words "food service establishment" shall include "food service establishment," "commissary," "food processing establishment," "mobile food unit," and "temporary food service establishment" as defined in the Texas Department of Health, Division of Food and Drugs "Rules on Food Service Sanitation 301.73.11.011.

B.

VIOLATIONS

Violations of the "Rules on Food Service Sanitation" are subject to the penalties and remedies listed herein.

C.

COMPLIANCE PROCEDURES

(1)

Permits

(a)

General

No person shall operate a food service establishment who does not have a valid permit 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. Permits are not transferable. A valid permit shall be posted in every establishment.

(b)

Issuance of Permit

(i)

Any person desiring to operate a food service establishment shall make written application for a permit 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 establishment, and the signature of each applicant.

(ii)

Prior to approval of an application for a permit, the regulatory authority shall inspect the proposed said establishment to determine compliance with the requirements of these rules.

(iii)

The regulatory authority shall issue a permit to the applicant if its inspection reveals that the proposed said establishment complies with the requirements of these rules. Each permit issued under the provisions of this section shall be valid for a period of twelve (12) months after the date of issuance thereof.

(c)

Suspension of Permit

(i)

The regulatory authority may, without warning, notice, or hearing, suspend any permit to operate a food service establishment if the holder of the permit 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 establishment otherwise constitutes a substantial hazard to the public health. Suspension is effective upon service of the notice in accordance with paragraph (1) (c) (ii) of this subsection C. When a permit is suspended, food service operations shall immediately cease. Whenever a permit is suspended, the holder of the permit shall be afforded an opportunity for a hearing within twenty (20) days of receipt of a request for a hearing.

(ii)

Whenever a permit is suspended, the holder of the permit or the person in charge shall be notified in writing that the permit 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 within ten (10) days. If no written request for hearing is filed within ten (10) days, the suspension is sustained. The regulatory authority may end the suspension at any time if reasons for suspension no longer exist.

(d)

Revocation of Permit

The regulatory authority may, after providing opportunity for a hearing, revoke a permit 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 or the person in charge, in writing of the reason for which the permit is subject to revocation and that the permit shall be revoked at the end of the ten (10) 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 within such ten (10) day period. If no request for hearing is filed within the ten (10) day period, the revocation of the permit becomes final.

(e)

Service of Notice

A notice provided for in these rules is properly served when it is delivered to the holder of the permit 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. A copy of the notice shall be filed in the records of the regulatory authority.

(f)

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 hearing, 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 by the regulatory authority.

(g)

Application after Revocation

Whenever a revocation of a permit has become final, the holder of the revoked permit may make written application for a new permit. The holder of the revoked permit must meet all the rules and requirements as stated in paragraph (1)(b) of this subsection C before a new permit will be issued.

(2)

Inspections

(a)

Inspection Frequency

An inspection of a food service establishment shall be performed at least once every six (6) months. Additional inspections of the food service establishment shall be performed as often as are necessary for the enforcement of these rules.

(b)

Access

Agents of the regulatory authority, 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 these rules. 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.

(c)

Correction of Violations

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 the Texas Department of Health, Division of Food and Drugs "Rules on Food Service Sanitation 301.73.11.011".

(d)

Inspection Report Form

An inspection report form based on the requirements of these rules is appended. A copy of each inspection report shall be delivered by the regulatory authority to the city hall of the City of Santa Fe, Texas immediately following such inspection.

(3)

Examination and Condemnation of Food

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 therefore, place a hold order on any food which it believes is in violation of subsection (a) of rule .003, of the "Rules on Food Service Sanitation" 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 with the regulatory authority within ten (10) days and that 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 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 section.

(4)

Review of Plans

(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 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 food service establishment shall be constructed, extensively remodeled, or converted except in accordance with plans and specifications approved by the regulatory authority.

(b)

Preoperational Inspection

Whenever plans and specifications are required by subparagraph (a) above to be submitted to the regulatory authority, the regulatory authority 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 these rules.

(5)

Fees

Before any permit shall be issued under the provisions of this section, the applicant shall pay to the Galveston County Health District a fee of forty dollars ($40.00) to help defray the cost of the enforcement of this rule.

(6)

Procedure When Infection is Suspected

When the regulatory authority has reasonable cause to suspect the possibility of disease transmission from any food service establishment employee, it may secure morbidity history of the suspected employees or make any other investigation as may be indicated and shall take appropriate action. The regulatory authority may require any or all of the measures as specified in the Texas Department of Health, Division of Food and Drugs "Rules on Food Service Sanitation 301.73.11.011(e)."

(7)

Remedies

(a)

Penalties

Any person who violates a provision of these rules and any person who is the permit holder of or otherwise operates a food service establishment that does not comply with the requirements of these rules and any reasonable officer of that permit holder or those persons shall be fined not more than two hundred dollars ($200.00). Each day any violation of this section shall continue shall constitute a separate offense.

(b)

Injunctions

The regulatory authority may seek to enjoin violations of these rules.

(Ordinance No. 9-82 of May 25, 1982)