§ 6-131. Texas Food Establishment Rules adopted.

(a)

The intent and purpose of this article is to provide for the inspecting of food service establishments in the city; to require the display of a QR code in such food service establishments; to require employed food service employees to maintain a valid food handler card; and to provide for the issuing, suspending or revoking of food establishment permits for the handling of food in such establishments. The enforcement of this article and the fixing of penalties shall be regulated in accordance with this chapter and the terms of the unabridged form of the Texas Food Establishment Rules.

(b)

The provisions of the current rules or rules as amended by the Texas Department of State Health Services known as the Texas Food Establishment Rules found in 25 Texas Administrative Code ch. 229, §§ 229.161—229.171 and 229.173—229.175, are herein adopted together with the additions, deletions, and amendments hereinafter contained, as part of article VI, food and food establishments, of "Building, Construction, Health and Sanitation" chapter of this Code for the city.

(c)

In the event of a conflict between any provision of the Texas Food Establishment Rules and any provision of this article, this article shall prevail.

(d)

The adopting by reference of the Texas Food Establishment Rules, as provided in subsection (b) above, is made subject to and is modified and amended as follows:

(1)

The words "regulatory authority" in said rules shall mean the City of The Colony; and

(2)

The sentence: "A sign shall be prominently displayed in view of each restroom lavatory used by food service employees that states: "Employees must thoroughly wash hands before returning to work after using the restroom" shall be added to 229.163(C) as item (13)."

(3)

After February 6, 2006, the sentence in 229.163(b) shall be amended to: "The person in charge shall demonstrate this knowledge by compliance with these rules, by being a Registered Food Service Manager who has shown proficiency of required information through passing a test that is part of a Food Protection Management Program accredited by the Texas Department of Health according to 25 Texas Administrative Code Section 229.172, and by responding correctly to the inspector's questions as they relate to the specific food operation."

(4)

The permit holder of every food establishment shall ensure that during all hours of operation, at least one person, who is responsible for supervising food preparation and service, has a valid food protection management training certificate issued by the Texas Department of Health as proof of successful completion of a Texas Department of Health accredited food protection management training program as defined in 25 Texas Administrative Code § 229.172; and has registered said certificate with the city.

(5)

The permit holder shall make all registered food service manager certificates available for immediate inspection upon request by the regulatory authority.

(6)

The permit holder of a new food establishment, an existing food establishment that has changed ownership, or a food establishment whose registered food service manager has transferred or resigned shall have 30 days to comply with the requirements of this section.

(7)

The permit holder of an existing food establishment shall notify the health authority within 48 hours of the termination or transfer of a registered food service manager. The permit holder shall have 30 days from the effective date of the termination or transfer to comply with the requirements of this section.

(8)

A permit holder is in compliance with the provisions of this section if there is one registered food service manager employed in a supervisory capacity for several food establishments located in the same building and under the same ownership and management.

( Ord. No. 2015-2116 , § 2, 1-6-2015; Ord. No. 2017-2265 , § 2, 6-20-2017)