ORD CC 02/08/1972 - Food establishment requirements -g- '7
- ,• AN ORDINANCE AME ING CHAPTER 11 OF THE COD&F ORDINANCES OF
THE CITY OF HUNTSVILLE, TEXAS, BY ADDING AN ADDITIONAL ARTICLE
TO BE NUMBERED ARTICLE IV, ENTITLED SANITATION REQUIREMENTS FOR
FOOD ESTABLISHMENTS, ESTABLISHING MINIMUM REQUIREMENTS FOR FOOD
ESTABLISHMENTS DEFINING CERTAIN TERMS, PROVIDING FOR A PERMIT,
FOR INSPECTION OF ESTABLISHMENTS AND IMPOSING A PENALTY FOR VIOLATION
OF SAID ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTS-
VILLE, TEXAS, THAT CHAPTER 11, OF THE CODE OF ORDINANCES OF THE
CITY OF HUNTSVILLE IS HEREBY AMPffDED BY ADDING A NEW ARTICLE TO
BE NUMBERED ARTICLE IV, WHICH SAID NEW ARTICLE SHALL READ AS FOLLOWS:
Section I: PART A, RESTAURANTS.
Definitions.
The following definitions shall apply in the interpretation and
enforcement of this ordinance:
(a) Restaurant. The term "restaurant" shall mean restaurant,
coffee s oop,cafeteria, short order cafe, boarding-house, catering
service, luncheonette, tavern, beer parlor, club, sandwich stand,
f soda fountain and all other eating or drinking establishments, as
well as kitchens or other places in which food or drink is prepared
for sale elsewhere.
(b) Itinerant Restaurant. The term "itinerant restaurant" shall
mean one operating for a temporary period in connection with a fair,
carnival, circus, public exhibition, or other similar gathering.
4 (c) Em to ee. The term "employee" shall mean any person who handles
'i food or drink during preparation or serving, or who comes in con-
tact with any eating or coo3(i.ng utensils or who is employed in a
room in which food or drink is prepared or served.
(d) Utensils. "Utensils" shall include any kitchenware, table-
ware, glassware, cutlery, utensils, containers or other equipment
with which food or drink comes in contact during storage, pre-
paration or serving.
' (e) Health Officer. The term "health officer" shall mean the
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Director of e ity of Huntsville Health Unit or his authorized
representative.
(f) Person. The word, "person" shall mean person, firm, cor-
portion, association or co-partnership.
Section II: PERMITS.
Any person desiring to or who shall operate a restaurant or
itinerant restaurant in the City of Huntsville shall first secure
a permit from the health officer. No person shall operate a resta-
urant or itinerant restaurant in the City unless he possesses an un
revoked permit posted in a conspicuous placed and shall have com-
plied with all the requirements of this ordinance. A fee of $20.00
shall be paid to the City Inspector for said permits. The permits
shall extend for a period of one year, or fraction thereof, and
all permits shall expire on December 31st of the year issued.
Itinerant restaurant permits shall be secured from the
City Inspector for periods not exceeding fifteen (15) days, upon
payment of a fee of $10.00.
Section III: BUILDINGS
(a) Floors. The floors of all rooms in which food or drink is
store ,-prepared or served, or in which utensils are washed, shall
be of such construction as to be easily cleaned, shall be smooth,
and shall be kept clean and in good repair.
,(b) Walls and ceilings. Walls and ceilings of all rooms shall
be kept clean and in good repair. All walls and ceilings of rooms
in which food or drink is stored or prepared shall be finished in
alight color. The walls of all rooms in which food or drink is pre-
pared or utensils are washed shall have a smooth washable surface
up to the level reached by splash or spray.
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(c) Screening. All openings into the outer air and used for ven-
tilation shall be effectively screened. Screen doors, if used,
shall be self closing, shall be kept closed and shall open out-
ward.
(d) Li htin . All rooms in which food or drink is stored or
prepare , or in which untensils are washed, shall be well lighted.
(e) Ventilation. All rooms iniwhich food or drink is stored, pre-
pared or served, or in which utensils are washed, shall be well
ventilated.
Section IV: TOILET FACILITIES.
Every restaurant shall be provided with adequate and conveniently
located toilet facilities for its employees. In restaurants hereafter
constructed, toilet rooms shall not open directly into any room in which
food, drink or utensils are handled or stored. The doors of all
toilet rooms shall be self-closing. Toilet rooms shall be kept in a
clean condition, in good repair, and well lighted and ventilated.
Handwashing signs shall be posted in each toilet room or lavatory used
by employees. In case privies or earth closets are permitted and
used, they shall be separate from the restaurant building and shall
be of a sanitary type constructed and operated in conformity with
the standards of the State Board of Health.
Section V: LAVATORY FACILITIES; EMPLOYEES TO WASH HANDS.
Adequate and convenient hand-washing facilities, shall be pro-
vided, including hot and cold running water, soap, and approved
sanitary towels. The use of a common towel is prohibited. No
employee shall resume work after using the toilet room without
first washing his hands in the handwashing facility provided.
Utensils shall not be washed in the lavatory
Section VI: WATER SUPPLY,
Hot and cold running water under pressure shall be easily
accesible in all rooms in which food is prepared or utensils are
washed, and the water supply shall be adequate and of a safe, sani-
tary quality. In all cases where a public water supply is reason-
ably available it shall be used.
Section VII: EQUIPMENT CONSTRUCTION, CLEANING AND BACTERICIDAL TREATMENT.
All equipment , including display cases or windows, counters,
shelves, tables, refrigerators, stoves, hoods and sinks, shall be
kept clean and free from dust, dirt, insects and other contaminating
materials, shall be constructed so as to be easily cleaned and kept
in good repair. All° .cloths used by waiters, chefs and other employees
shall be clean. Single service containers shall be used only once.
Single service utensils shall be purchased in sanitary containers,
and handled and stored in a sanitary fashion.
All multi-use eating and drinking utensils shall be thoroughly
cleaned and effectively subjected to an approved bactericidal process
after each usage, and immediately following the day' s operation.
Bactericidal treatment method shall conform to current laws of the
State of Texas, regulating bactericidal treatment. The use of drying
cloths shall not be permitted, except for drying silverware. Cloths
used for drying silverware must be clean and shall be used for no
other purpose.
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No article, polish, or other substances containing any cyanide
preparation or other poisonous materials shall be used for the cleaning
or polishing of utensils. Utensils containing or plated with cadium
or lead shall not be used; provided that solder containing lead may be
used for jointing.
Section VIII: STORING AND HANDLING.
After bactericidal treatment, utensils shall be stored in a clean
dry place protected from flies, dust and other contamination, and
shall be handled in such a manner as to prevent contamination as far
as practicable. All ice cream dispensing spoons, dippers and scoops
shall be stored in hot (170° F. minimum) or running water.
Section IX: DISPOSAL OF WASTES.
All wastes shall be properly disposed of , and all garbage and
trash shall be kept in leak proof and non- absorbent receptables in
such manner as not to become a nuisance. All flush toilets, lava-
tories, wash vats, sinks and sterilizers shall be connected to the publx
sewer.
Section X: REFRIGERATION.
All readily perishable food, including cream filled pastries, and
drinks shall be kept at or below 45° F. , except when being prepared
or served. Waste water from refrigeration equipment shall be dis-
charged into the public sewer.
Section XI: WHOLESOMENESS OF FOOD AND DRINK.
All food and drink shall be clean, wholesome and free from spoilage,
and so prepared to be safe for human consumption. No food or drink
obtained from a source prohibited by the ordinances of the City shall
be sold or offered for sale. Samples of food, drink, and other sub-
stances may be taken and examined by the health officer as often as
may be reasonably necessary for the detection or unwholesomeness or
adulteration. The health officer may condemn or forbid the sale of, or
cause to be removed or destroyed, any food or drink which said exa-
mination proves to be unwholesome or adulterated.
Section XII: STORAGE, DISPLAY AND SERVING OR FOOD AND DRINK.
All food and drink shall be so stored, displayed and served as to
be protected from dust, flies, vermin, depredation and pollution of
rodents, unnecessary handling, droplet, infection, overhead leakage or
submersion and other contamination. Milk and milk products, except
butter and cream, shall be served from the original container in which
received, or from a bulk container, equipped with an approved dis-
pensing device. Milk to be used in mixed milk drinks shall be dis-
pensed from the original container in which it was received from the
distributor or from an approved bulk milk dispensing device. Dipping
of milk for mixed drinks is prohibited.
Section XIII: ANIMALS AND FOWL PROHIBITED; ELIMINATION OF FLIES, ROACHES
AND RODENTS.
No live animals or fowls shall be kept or allowed in any room in
which food or drink is prepared, stored or served. All means necessary
for the elimination of flies, roaches and rodents shall be used.
Section XIV: CLEANLINESS OF EMPLOYEES.
All employees shall wear clean outer garments and shall keep
their hands clean at all times while engaged in the handling of
food, drink, utensils, or equipment. No person shall expectorate
or use tobacco in any form in any room where food is prepared, uten-
sils are handled or stored. All employees shall be free of any disease
or infirmity and in the event the Health Officer has reasonable cause
to suspect that an employee is infected with any communicable disease
or illness, he may require that the owner or operator of such rest-
aurant have said employee examined by a medical doctor and certifi-
cation issued on the health of said employee. If, upon examination,
it is determined that said employee is contagious, he shall not be
employed until such time as a medical doctor releases said employee
to again engage in restaurant type employment.
Section XVI: REQUIREMENTS FOR ITINERANT RESTAURANTS.
Itinerant restaurants shall be constructed and operated in
an approved manner and in accordance with all parts of this or-
dinance except Section III and Section IV hereof.
Section XVII: RESTAURANTS WHICH MAY OPERATE:
From and after three months from the date on which this ordi-
nance takes effect, no restaurant shall be operated within the City
or its police jurisdiction unless it conforms with the requirements
of this ordinance, and no restaurant shall operate during the afore-
mentioned three months if it violates any section of this ordinance,
excepting the portions of Article III, which required construction
of new equipment. Restaurants opening after adoption of this or-
dinance shall meet all requirements of this ordinance.
Section XVIII: INSPECTIONS; NOTICE OF VIOLATION, REINSPECTIONS.
At least once every three months the health officer shall inspect
every restaurant and itinerant restaurant located within the City, and
make an inspection report. One copy of the inspection sheet shall be
posted in a conspicuous place by the health officer upon an inside wall
of the restaurant and said inspection report shall not be defaced or
removed by any person other than the health officer. Another copy of
the inspection report shall be filed with the records of the health
department. In event the health officer discovers a violation of any
of the terms and provisions hereof, other than those contained in
Article III, he shall notify the owner or operator of any such es-
tablishment of the violation by leaving a copy of an inspection report
at the establishment stating the nature of the violation, and thereafter
the owner or operator shall have twenty-four (24) hours in which to
correct the violation indicated; otherwise, and if said violation is not
corrected within twenty-four (24) hours, the Health Officer or his
representative may suspend temporarily the owner's or operators' permit
for a period of ten days because of such violation, by giving notice
of suspension. The permit may be revoked by the City Council of the
City of Huntsville upon serious or repeated violation of this ordinance
after an opportunity for hearing has been accorded the offending owner
or operator. On violation of Article III, hereof, and after an inspec-
tion report notifying of such violation has been given the owner or
operator of any restaurant, the health officer shall make a second
inspection after a lapse of not less then twenty-four hours there-
after, and if the reported violation shall not have been remedied, then
the health officer may suspend the permit of the violator by giving
notice of suspension until such time as the violation shall have been
remedied. This ordinance shall be enforced by the health officer
in accordance with the interpretations thereof contained in the
current edition of the U. S. Public Health Service Code Regulating
Eating and Drinking Establishments, a certified copy of which shall be
on file at the City Inspector' s Office.
Section XIX: REINSTATEMENT OF SUSPENDED PERMITS.
Any restaurant the permit of which has been suspended may at any
time make application to the health officer for the reinstatement of the
permit. Within one week after the receipt of a satisfactory appli-
cation, accompanied by a statement signed by the applicant to the
effect that the violated provision or provisions of this ordinance
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have been conformed with, the health officer shall make a reinspec-
tion, and thereafter as many additional reinspections as he may deem
necessary to assure himself that the applicant is again complying
with the requirements, and, in case the findings indicate compliance,
shall reinstate the permit.
Section XX: ACCESS TO PREMISES
Any person operating a restaurant shall, upon request of the
health officer, permit access to all parts of the establishment and shall
permit copying of any or all records of food and drink purchased.
Section XXI: ENFORCEMENTS.
The enforcement provisions in Article XVIII, contained are in
addition to and shall not be considered in lieu of penalty provisions
contained in Article XXII, hereof.
Section XXII: PENALTY.
Any person who shall violate any provision of this ordinance shall
upon conviction be fined in an amount not less than Five Dollars, nor
more than Two Hundred Dollars, and each and every day that such vio-
lation continues shall constitute a separate and distinct offense.
Section I: PART B, GROCERY ESTABLISHMENTS
Definitions.
For the purpose of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them:
(a) Building. Any and all buildings in which food is stored, pre-
pared, displayed or offered for sale.
(b) Employee. Any person who handles food during preparation, dis-
tribution or delivery, or who comes in contact with any eating or pre-
paration utensils or who is employed or works in a room where food is
prepared for sale.
(c) Food. Any item of food which is offered for sale for human con-
sumption.
(d) Grocery establishments. Grocery store, drive-in grocer, produce
markets, meat markets, and all other establishments which sell or
offer for sale canned goods, bakery products, meats, poultry, fruits
and vegetables, or any of them or any other items of food sold for
human consumption.
(e) Health Officer, The director of the City health department or
his authorized representative.
(f) Utensils. Any meat trays, glassware, cutlery, or containers and
other eq pment which comes in contact with food during storage or
preparation for sale.
Section II: COMPLIANCE WITH ARTICLE PREREQUISITE TO OPERATION.
No grocery establishment shall be operated within the City or its
jurisdiction unless it conforms with the requirements of this article.
Section III: EXAMINATION OF FOOD; CONDEMNATION OF UNWHOLESOME OR
ADULTERATED PRODUCTS.
Samples of food from grocery establishments, or other substances
may be taken and examined by the health officer as often as he deems
it necessary for the detection of unwholesomeness or adulteration.
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The health officer may condemn or forbid the sale of, or cause to be
removed or destroyed, any food which is in fact unwholesome or adul-
terated.
Section IV: INSPECTION OF ESTABLISHMENTS - REQUIRED PERIODICALLY.
At least once every three (3) months the health officer shall
inspect every grocery establishment located within the City.
Section V: SAME-DISCOVERY OF VIOLATIONS.
In case the health officer shall discover any violation of
any applicable provision of this Code, state law or city ordinance,
rule of regulation, the owner or operator of the establishment in
which such violation was discovered shall be liable to suspension
of his permit and any penalty which may be applicable for such vio-
lation.
Section VI: SAME-NOTICE OF VIOLATION.
The health officer shall notify the owner or operator of
any grocery establishment in which any violation of any applicable
provision of this Code, state law, city ordinance, rule or regulation
may be discovered by either delivering to the owner in person, or
by leaving a copy of the inspection report at such establishment, stating
the nature of violation.
Section VII: SAME-DISPOSITION OF INSPECTION SHEETS; DISPLAY.
One copy of the inspection sheet used in making the inspec-
tion required by Section VI, shall be posted in a conspicuous place
by the health officer upon an inside wall of the inspected grocery
establishment. Such inspection report shall not be defaced or re-
moved by any person other than the health officer. Another copy of
the inspection report shall be filed with the records of the health
department.
Section VIII: HEALTH OFFICER' S RIGHT OF ENTRY; ACCESS TO RECORDS.
Any person operating a grocery establishment shall, upon
request of the health officer, permit access to all parts of the estab-
lishment and shall permit copying of any or all records of food
purchased.
Section IX; UTENSILS AND EQUIPMENT-CONSTRUCTION REQUIREMENTS.
All multi-use utensils and all show and display cases or
windows, counters, shelves, tables, refrigerating equipment, sinks and
other equipment or utensils used in connection with the operation of
a grocery establishment shall be so constructed as to be easily cleaned
and shall be kept in good repair. Utensils containing or plated
with cadmium or lead shall not be used; provided that solder con-
taining lead may be used for jointing.
Section X: SAME-CLEANING AND BACTERICIDAL TREATMENT.
All equipment, including display cases, windows, shelves,
tables, refrigerating equipment, sinks and other equipment and utensils
used in connection with the operation of a grocery establishment shall
be kept clean and free from dirt , dust, insects and other contaminating
material. Single service containers shall be used only once.
All multi-use equipment, and utensils shall be thoroughly
cleaned and effectively subjected to an approved bactericidal process
before and after each day' s operation. Bactericidal treatment method
shall conform to current laws of the State of Texas, regulating same.
Cloths used for drying equipment shall be clean and shall be used for
no other purpose.
Section XI: SAME-USE OF POISONOUS MATERIALS IN CLEANING PROHIBITED.
No article, polish, or other substances containing any cyanide
preparation or other poisonous material in a grocery establishment shall
be used for the cleaning and polishing of utensils or equipment.
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Section XII: SAME-STORING AND HANDLING.
After bactericidal treatment, utensils in grocery establishments
shall be stored in a clean, dry place protected from flies, dust, and
other contamination, and shall be handled in such a manner as to
prevent contamination as far as practicable.
Section XIII: SINGLE SERVICE CONTAINERS AND UTENSILS.
Single service utensils in grocery establishments shall be pur-
chased only in sanitary containers, shall be stored therein, in a
clean, dry place protected from dust, flies, and other contamination
until used, and shall be handled in a sanitary manner.
Section XIV: DISPOSAL OF WASTES.
All wastes in grocery establishments shall be properly disposed
of and all garbage and trash shall be kept in a suitable receptacle
or receptacles in such a manner as not to become a nuisance. All
flush toilets, lavatories, wash vats, sinks and sterilizers shall be
connected to the public sewer by a method approved by the city.
Section XV: REFRIGERATION.
All readily perishable food, including cream-filled pastries in
grocery establishments shall be kept at or below forty -five (45° )
degrees Fahrenheit, except when being prepared. Waste water from
refrigeration equipment shall be discharged into the public sewer.
Section XVI: WHOLESOMENESS OF FOOD.
All food in grocery establishments shall be clean, wholesome, free
of spoilage and so prepared as to be safe for human consumption. No
food obtained from a source prohibited by the provisions of this
Code, state law or ordinances of the city shall be sold or offered for
sale.
Section XVII: PREPARATION, STORAGE AND DISPLAY OF FOODS.
All foods in grocery establishments shall be prepared, stored and
displayed so as to be protected from dust, flies, vermin, depredation
and pollution of rodents, unnecessary handling, droplet infection,
overhead leakage, or submersion or other contamination.
Section XVIII: ANIMALS AND FOWL PROHIBITED; ELIMINATION OF FLIES,
ROACHES, RODENTS.
No live animals or fowl shall be kept or allowed in any room in
which food is prepared, stored or displayed for sale. All means
necessary for the elimination of flies, roaches, and rodents shall
be used.
Section XIX: CLEANLINESS OF EMPLOYEES; SPITTING OR USE OF TOBACCO.
No person shall expectorate or use tobacco in any form while
preparing food for sale or in rooms in which food is prepared for
sale.
Section XX: PREMISES TO BE KEPT CLEAN; GARBAGE AND TRASH CONTAINERS.
The premises of all grocery establishments shall be kept clean
and free of litter and rubbish. Suitable containers shall be pro-
vided for the handling of trash and garbage.
Section XXI: NOT TO BE USED AS LIVING OR SLEEPING QUARTERS.
None of the operations connected with a grocery establishment
shall be conducted in any room used as living or sleeping quarters.
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Section XXVII: SAVINGS CLAUSE.
Should any section, paragraph, sentence, clause, or phrase of
this ordinance be declared unconstitutional or invalid for any reason,
the remainder of said ordinance shall not be affected thereby.
PASSED ON FIRST READING THIS , day of , 1972.
PASSED ON SECOND READING THIS day of , 1972.
PASSED AND APPROVED ON THIS _ day of 1972.
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Mayor of the i y of Hunts V11 e, Texas
ATTEST:
4ed /
City Secretary , Actifig
APPROVED:
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MARTIN D. COLLEY, CITY ATTOR JY