§ 42-131. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abattoir or slaughterhouse means any establishment within the city in which cattle, sheep, swine, goats or any such animals are slaughtered for meat for human consumption. The term includes stockyards and all other operations and facilities necessary, useful or incidental to such abattoir or slaughterhouse.

Adulterated food means a food containing any poisonous or deleterious substance as specified in V.T.C.A., Health and Safety Code § 431.081.

Approved means acceptable to the regulatory authority based on his determination of conformity with principles, practices, and generally recognized standards that protect public health.

Base of operation means an operating base location to which a mobile food establishment or transportation vehicle returns as needed for such things as discharging liquid or solid wastes, refilling water tanks and ice bins, and boarding food.

Caterer establishment or operation means a food service establishment where food is completely or partially prepared for delivery to a single customer where it is meant to be served and consumed.

Commissary means a catering establishment, restaurant, or any other place in which food, containers, or supplies are kept, handled, prepared, packaged or stored. It also includes a central preparation facility that mobile food units report to for supplies and for cleaning and servicing operations.

Daycare or childcare means any facility licensed by the Texas Department of Protective and Regulatory Services to receive 13 or more children for childcare that prepares or serves food for on-site consumption.

Department means the health department of the city.

Failing score means when an establishment receives an accumulation of violations resulting in 30 demerits or more or a score of 70 or less.

Farmers market means a designated location at which at least 60 percent of the farmers' market vendors are producers and distribute and sell produce directly to consumers of such produce.

Farmers' market vendor . Any person who offers or sells produce, cottage foods, pure honey, or arts and crafts at a farmers' market.

Food establishment or food service establishment means an operation that stores, prepares, packages, serves, or otherwise provides food for human consumption such as a food service establishment; retail food store; daycare, satellite or catered feeding location; catering operation; market; remote catered operations; and that relinquishes possession of food to a consumer directly, or indirectly through a delivery service such as home delivery of grocery orders; restaurant take-out orders; or where consumption is on or off the premises; and regardless of whether there is a charge for the food. The term does not include a kitchen in a private home if only food that is not potentially hazardous is prepared for sale or service at a function, such as a religious or charitable organization's bake sale; bed and breakfast limited facility; or a private home.

Food processing plant means a commercial operation that manufactures, packages, labels or stores food for human consumption and does not provide food directly to a consumer. The term does not include a food establishment as previously defined.

Fresh means recently made, produced or harvested.

Garbage means every accumulation of animal, vegetable and other waste matter associated with the preparation, handling or consumption of food or food products and waste wrappers or containers.

Health authority means the legally appointed health officer or director of the health department.

High-risk food establishment means an operation that prepares and sells/serves potentially hazardous food, such as, but not limited to, restaurants, cafeterias, fast-food restaurants, hospitals, schools, daycares, and grocery stores that pre-package potentially hazardous food on site.

Livestock means cattle, sheep, swine, goats, horses, mules, other equine, poultry, domesticated rabbits, exotic animals, and domesticated birds or any such animals offered for human consumption. Livestock are amenable to inspection.

Low-risk food establishment means an operation that sells/serves only prepackaged non-potentially hazardous food or whole uncut produce, such as, but not limited to, convenience stores, bars, and establishments that serve only prepackaged non-potentially hazardous food.

Meat means the flesh of animals used as food, including the dressed flesh of cattle, swine, sheep, or goats and other edible animals, except fish, poultry, and exotic animals as specified in the TFER.

Medium-risk food establishment means an operation that sells/serves prepackaged potentially hazardous food and/or prepares limited types of food, such as, but not limited to, grocery stores, convenience stores that heat and serve deli type food (hot dogs, sausage, etc.) and/or package ice.

Mobile food unit shall mean a food service establishment that is a vehicle-mounted, self-propelled unit and is capable of being readily moveable.

New establishment means any food service establishment which is newly erected or constructed at a given location or it may be such an establishment newly organized or started at an old location, which will also include establishments remodeled from other construction. Any change in ownership will be considered a new establishment.

Permit means the document issued by the regulatory authority that authorizes a person to operate a food service establishment.

Person in charge means the individual present in a food service establishment who is the apparent supervisor of the food service establishment at the time of inspection. If no individual is the apparent supervisor, then any employee present is the person in charge.

Personal items mean articles belonging to employees.

Plumbing code means the plumbing code adopted in section 18-461 and all amendments thereto contained in section 18-462.

Potable water means water that is fit for drinking.

Poultry means any domesticated bird whether live or dead as defined in V.T.C.A., Health and Safety Code §433.003. The term also includes ratites, which are amenable to inspection as poultry.

Refuse means all putrescible and nonputrescible solid and semisolid wastes, including garbage, rubbish and ashes.

Regulatory authority means the director of health.

Rendering plant means any establishment at which any animal or part thereof or the proteins and fats from animals, poultry, fish or any other waste organic material, in whole or in part, is processed for commercial use. The term "rendering plant" includes related industry or other operations and facilities necessary, useful or incidental to such rendering plant.

Restricted operations mobile food unit shall mean a mobile food unit that serves no food other than:

(1)

Food that was prepared and packaged in individual servings at an approved commissary and transported and stored under conditions meeting the requirements of this article;

(2)

Beverages that are not potentially hazardous and are dispensed from covered urns or other protected equipment;

(3)

Potentially hazardous beverages such as individual servings of milk, milk products and coffee creams that have been packaged at a pasteurizing plant; and

(4)

Prepackaged individual serving frozen dessert items including, without limitation, frozen ice and ice cream novelty bars, cones and serving cups that have been packaged at a pasteurizing plant or other approved facility.

Rubbish means nonputrescible solid wastes, excluding ashes, consisting of both combustible and noncombustible wastes, such as paper, cardboard, waste metal, tin cans, yard clippings, wood, glass, crockery, plastics and similar materials.

Sound condition means free from defect, decay or damage; healthy.

Temporary event means a single event or celebration, being of short duration lasting no more than 14 days.

TFER means the "Texas Food Establishments Rules," 25 Texas Administrative Code ch. 228.

Wholesome means in sound condition, clean, free from adulteration and otherwise suitable for use as human food.

(Ord. No. 9380, § 2, 7-11-02; Ord. No. 13,028, § 1, 11-16-15; Ord. No. 13,260 , § 1, 8-25-16)

Cross reference

Definitions generally, § 1-2.