HomeMy WebLinkAboutOrdinance No. 16,449 (Item 7.a.)ORDINANCE NO. 16,449
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 42 “HEALTH AND SANITATION,” ARTICLE IV “FOOD
AND FOOD SERVICE ESTABLISHMENTS,” DIVISION 1 “GENERALLY,”
SECTION 42-131 “DEFINITIONS” TO ADD THE DEFINITION OF CERTIFIED
FOOD MANAGER; AMENDING CHAPTER 42 “HEALTH AND SANITATION,”
ARTICLE IV “FOOD AND FOOD SERVICE ESTABLISHMENTS,” DIVISION 1
“GENERALLY,” SECTION 42-133 “ADOPTION OF STATE RULES” TO AMEND
SUBSECTION (A)(1) AND SUBSECTION (B)(2) AND REPEAL SUBSECTIONS
(B)(3)-(4); AMENDING CHAPTER 42 “HEALTH AND SANITATION,” ARTICLE
IV “FOOD AND FOOD SERVICE ESTABLISHMENTS,” DIVISION 1
“GENERALLY,” SECTION 42-151 “FARMER’S MARKETS” TO AMEND
SUBSECTION (A), SUBSECTION (C), AND SUBSECTION (D); AMENDING
CHAPTER 42 “HEALTH AND SANITATION,” ARTICLE IV “FOOD AND FOOD
SERVICE ESTABLISHMENTS,” DIVISION 2 “PERMIT,” SECTION 42-177 “FOOD
MANAGER CERTIFICATION” TO AMEND SUBSECTIONS (A)-(D) AND ADD A
NEW SUBSECTION (E); AMENDING CHAPTER 42 “HEALTH AND
SANITATION,” ARTICLE IV “FOOD AND FOOD SERVICE ESTABLISHMENTS,”
DIVISION 2 “PERMIT,” SECTION 42-178 “FEES,” TO AMEND SUBSECTIONS
(A)(1), (A)(2), (A)(4) AND (A)(5) AND ADD SUBSECTIONS (D) AND (E), OF THE
CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS; PRESCRIBING
A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS
($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That Chapter 42 "Health and Sanitation," Article IV "Food and Food
Service Establishments," Division 1 "Generally," Section 42-131 "Definitions" of the Code of
Ordinances, Baytown, Texas, is hereby amended to add the definition of “certified food manager”
as follows:
CHAPTER 42—HEALTH AND SANITATION
…
ARTICLE IV. – FOOD AND FOOD SERVICE ESTABLISHMENTS
…
DIVISION 1. – GENERALLY
…
Sec. 42-131. - Definitions.
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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 indicated a different meaning:
…
Certified food manager means any person who has demonstrated that he or she has the
knowledge, skills and abilities required to protect the public from foodborne illness by means of
successfully completing a certified food manager examination and becoming certified.
Section 2: That Chapter 42 “Health and Sanitation,” Article IV “Food and Food
Service Establishments,” Division 1 “Generally,” Section 42-133 “Adoption of State Rules,” of
the Code of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 42. HEALTH AND SANITATION
…
ARTICLE IV. FOOD AND FOOD SERVICE ESTABLISHMENTS
…
DIVISION 1. – GENERALLY
…
Sec. 42-133. Adoption of state rules.
(a) The following statutes, as they now exist and as hereinafter amended, are adopted and
incorporated into this article as if they were set forth at length herein:
(1) Chapters 437-438 of V.T.C.A., Health and Safety Code, and
(2) Chapter 341, V.T.C.A., Health and Safety Code.
(b) The following regulations adopted by the Texas Board of Health, as they now exist
and as hereinafter amended, are adopted and incorporated into this article as if they
were set forth at length herein:
(1) TFER.
(2) FDA Food Code 2022.
(c) The regulatory authority will assure that a copy of the laws and rules adopted in this
section are on file in the office of the city clerk.
(d) A food establishment's owner, manager or operator commits an offense if an
employee, owner, manager, or operator of the food establishment violates a rule
adopted pursuant to subsections (a) and (b). An offense shall be punishable as
provided in section 1-14.
(e) If there is a conflict between a rule adopted in this section and any other section of
this article, the more restrictive provision shall apply.
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Section 3: That Chapter 42 “Health and Sanitation,” Article IV “Food and Food
Service Establishments,” Division 1 “Generally,” Section 42-151 “Farmer’s Markets,” of the Code
of Ordinances of the City of Baytown, Texas, is hereby amended as follows:
CHAPTER 42. HEALTH AND SANITATION
…
ARTICLE IV. FOOD AND FOOD SERVICE ESTABLISHMENTS
…
DIVISION 1. – GENERALLY
…
Sec. 42-151. – Farmers markets.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have
the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Baked good[s] include cookies, cakes, breads, Danish, donuts, pastries, pies, and other
items that are prepared by baking the item in an oven.
Cottage food means and includes the following foods if the foods are produced out of the
seller's individual home or the home of an individual who is a director or officer of a nonprofit
organization satisfying all state and local laws and regulations applicable to cottage food
production operations:
(1) A baked good;
(2) Candy;
(3) Coated and uncoated nuts;
(4) Unroasted nut butters;
(5) Fruit butters;
(6) A canned jam or jelly;
(7) A fruit pie;
(8) Dehydrated fruit or vegetables, including dried beans;
(9) Popcorn and popcorn snacks;
(10) Cereal, including granola;
(11) Dry mix;
(12) Vinegar;
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(13) Pickled fruit or vegetables that are preserved in vinegar, brine or similar solution at an
equilibrium pH value of 4.6 or less;
(14) Mustard;
(15) Roasted coffee or dry tea;
(16) A dried herb or dried herb mix
(17) Plant-based acidified canned goods;
(18) Fermented vegetable products, including products that are refrigerated to preserve
quality;
(19) Frozen, raw, and uncut fruit or vegetables; or
(20) Any other food that is not a time and temperature control for safety food.
Cottage food production operation shall have the meaning ascribed to that term in V.T.C.A.,
Health and Safety Code § 437.001. Cottage food production operations shall be exempt from the
permit requirements of this section.
Cottage food vendor means a person who has a contractual relationship with a cottage food
production operation and sells cottage food, except baked goods, on behalf of the cottage food
production operation directly to consumers.
Home means a primary residence that contains a kitchen and appliances designed for
common residential usage.
Imminent health hazard means a significant threat or danger to health that is considered to
exist when there is evidence sufficient to show that a product, practice, circumstance, or event
creates a situation that requires immediate correction or cessation of operation to prevent injury
based on the number of potential injuries and the nature, severity, and duration of the anticipated
injury.
Producer means a person or entity that produces agricultural products by practice of the
agricultural arts upon land that the person controls that is within 150 miles of the corporate limits
of the city.
Pure honey means the nectar of plants that has been transformed by, and is the natural
product of, bees and that is in the comb or has been taken from the comb and is packaged in a
liquid, crystallized, or granular form, which honey is produced from a small honey production
operation, as defined in V.T.C.A., Health and Safety Code § 437.001.
Potentially hazardous food means a food that requires time and temperature control for
safety to limit pathogen growth or toxin production. The term includes a food that must be held
under proper temperature controls, such as refrigeration, to prevent the growth of bacteria that
may cause human illness. A potentially hazardous food may include a food that contains protein
and moisture and is neutral or slightly acidic, such as meat, poultry, fish, and shellfish products,
pasteurized and unpasteurized milk and dairy products, raw seed sprouts, baked goods that
require refrigeration, including cream or custard pies or cakes, and ice products. The term does
not include a food that uses potentially hazardous food as ingredients if the final food product
does not require time or temperature control for safety to limit pathogen growth or toxin
production.
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Produce means fresh fruits or vegetables in their natural state.
Sample [means] a bite-sized portion of food or foods offered free of charge to demonstrate
its characteristics and does not include a whole meal, an individual portion or a whole sandwich.
Time/Temperature Control for Safety Food means a food that requires time/temperature
control for safety (“TCS”) to limit pathogenic microorganism growth or toxin formation and
includes:
(1) An animal food that is raw or heat-treated; a plant food that is heat-treated or consists
of raw seed sprouts, cut melons, cut leafy greens, cut tomatoes or mixtures of cut
tomatoes that are not modified in a way so that they are unable to support pathogenic
microorganism growth or toxin formation, or garlic-in-oil mixtures that are not
modified in a way so that they are unable to support pathogenic microorganism growth
or toxin formation.
(2) Time/Temperature Control for Safety Food does not include:
a. An air-cooled hard-boiled egg with shell intact or an egg with shell intact that is
not hardboiled, but has pasteurized to destroy all viable salmonellae;
b. A food in an unopened hermetically sealed container that is commonly
processed to achieve and maintain commercial sterility under conditions of non-
refrigerated store and distribution
Wholesale means the sale of produce, cottage foods, pure honey, or arts and crafts to retail
dealers or other persons for the purpose of resale.
(b) General. All farmers' markets and farmers' market vendors shall comply with all
requirements of this chapter, unless otherwise restricted by applicable federal, state or local
law or otherwise provided in this section.
(c) Permit.
(1) Required. No person shall operate a farmers' market at which farmers' market vendors
vend produce, cottage foods, or pure honey without a valid farmers' market permit
issued by the regulatory authority.
(2) Denial. The regulatory authority may refuse to issue a permit if the regulatory authority
finds that the application is incomplete or that the proposed farmers' market is not in
compliance with all applicable laws and regulations, including those specified in this
section.
(3) Suspension of permits. The regulatory authority may suspend a farmers' market permit in
accordance with this subsection; however, the issuance of a suspension shall be a
remedy in addition to, and not in lieu of, any penalty authorized under this Code, and
shall not limit any other rights of the regulatory authority to pursue other actions or
remedies to address any violation of the provisions of this article.
a. Emergency suspension. If the regulatory authority finds a condition
constituting an imminent health hazard, or that a public health nuisance (as that
term is defined in V.T.C.A., Health and Safety Code § 341.011) that is an
immediate and substantial hazard to the public health exists in the operation of
a farmers' market permitted under this section, the regulatory authority may
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issue a summary suspension without prior warning, notice or hearing, if the
notice:
1. States the reasons for the suspension;
2. States the evidence that the permit holder shall provide in order to
demonstrate that the reasons for suspension have been eliminated;
3. States that the permit holder may request an appeal hearing by submitting
a timely request to the regulatory authority; and
4. Provides the name and the address of the regulatory authority
representative to whom a request for appeal hearing may be made.
(4) Term. Permits issued under this section shall be valid for two consecutive days per
month for 12 months.
(5) Restrictions.
a. Only one farmers' market permit shall be issued for each location of a farmers'
market per 12-month period.
b. Only one farmers' market permit shall be issued to a person per 12-month
period.
(6) Nontransferable. A permit issued under this article shall be nontransferable from one
person or place to another person or place. Permits will remain the property of the
health department.
(7) Exemptions. Pursuant to V.T.C.A. Health and Safety Code § 437.0192, nothing in this
section shall be construed to regulate the production of food at a cottage food
production operation or require a cottage food production operation to obtain any type
of license, permit, or pay any fee to produce or sell directly to a consumer or cottage
food vendor.
(d) Responsibility.
(1) Presence. The farmers' market permit holder shall be the person in charge or shall
designate a person in charge and shall ensure that a person in charge is present at the
farmers' market during all hours of operation.
(2) List. At least 72 hours before the commencement of the operation of the farmers'
market, the person in charge of the farmers' market shall maintain a list of all farmers'
market vendors, have it readily available at the farmers' market, and provide access and
copies of the list to the regulatory authority upon request. The list shall be maintained
for at least 90 calendar days from the date of the end of the market. This list shall
include, at a minimum:
a. The name, address, and phone number of the farmers' market vendor;
b. The date(s) the farmers' market vendor is to operate at the farmers' market;
c. A list of the items offered by farmers' market vendor for each date operated at
the farmers' market;
d. A copy of any applicable permits held by the farmers' market vendor;
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e. The address or location of each food item's origin, including information on
where the food items were grown, cultivated or otherwise obtained by the
farmers' market vendor;
f. Proof of food origin, copy of manufacturer's license, copy of storage license or
a description of approved source where food items will be obtained;
g. A copy of approved food label(s) and compliance with labeling requirements
of V.T.C.A. 437.0193 Health and Safety Code, where applicable ; and
h. Any other information required of the regulatory authority.
(e) Application. A person desiring to operate a farmers' market shall make written application
and pay a non-refundable fee of $300.00. Such application shall include, but not be limited
to, the following:
(1) That information required in section 42-176;
(2) The number of farmers' market vendors selling:
a. Produce;
b. Pure honey;
c. Cottage food; and
d. Arts and crafts.
(3) A plan as described in subsection (f) of this section.
(f) Plans. Each person desiring to operate a farmers' market shall submit the following to the
regulatory authority at least 72 hours prior to the proposed start date of the farmers' market:
(1) A farmers' market permit application or valid permit;
(2) A floor plan or diagram of the farmers' market location and layout, including storage
and sales together with the location of the toilet facilities, lavatory, produce sink, and
trash receptacles;
(3) An equipment list;
(4) A list of the farmers' market vendors and what they are selling; and
(5) A description of each method used to disposing of solid and liquid waste.
(g) Inspections.
(1) Initial inspection. Upon receipt of an application, the regulatory authority shall make an
inspection of the location proposed for the farmers' market to determine compliance
with the provisions of this Code.
(2) Subsequent inspections. The regulatory authority may enter the farmers' market at any
time to determine compliance with this Code as well as rules and regulations of the
state and local governmental entities.
(h) Location. Farmers' markets shall be located only on properly zoned property. An active
business other than the farmers' market shall be currently operating on any private property
used as a farmers' market. The owner or operator of the farmers' market shall obtain a
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notarized letter from the business owner stating that the market has permission to vend
produce, cottage food, pure honey, and crafts on the property. The notarized letter shall be
submitted to the regulatory authority at the time of a food establishment permit application.
(i) Displays. Produce displays shall not include beds of vehicles but shall be limited to tables
that are at least six inches above the ground. Fresh produce shall not be cut or sliced unless
cut or sliced in accordance with subsection (k) of this section. Displays shall be located on
acceptable smooth, hard, paved surfaces such as concrete or machine laid asphalt. There shall
be only one farmers' market vendor per display at the farmers' market.
(j) Hours of operation. Farmers' markets may be operated between the hours of 8:00 a.m. and
5:00 p.m. It shall be unlawful at any other time for
(1) A farmers' market vendor to sell or offer for sale at a farmers' market; or
(2) A farmers' market permit holder to allow the sale or offer for sale at the permitted
farmers' market.
(k) Samples.
(1) Only produce may be sampled at a farmers' market;
(2) Samples must be distributed in a sanitary manner;
(3) A person preparing produce samples on-site must:
a. Wear clean, disposable plastic gloves when preparing samples; or
b. Observe proper hand washing techniques immediately before preparing
samples;
(4) Produce intended for sampling must be washed in potable water to remove any soil or
other visible material;
(5) Potable water must be available for washing;
(6) Except as provided by V.T.C.A., Health and Safety Code § 437.0202(b), potentially
hazardous food must be maintained at or below 41 degrees Fahrenheit or disposed of
within two hours after cutting or preparing; and
(7) Utensils and cutting surfaces used for sampling shall be smooth, nonabsorbent and
easily cleaned and shall be disposable unless approved by the regulatory authority.
(l) Prohibited.
(1) Food. No meat, poultry, raw milk or associated products or potentially hazardous food,
with the exception of produce, may be sold, sampled or displayed for sale at a farmers'
market.
(2) Animals. Animals may not be vended, sold, offered for adoption or given away at a
farmers' market, except if vended, sold, offered for adoption or given away by an animal
control facility operated by a governmental entity.
(3) Cooking demonstration. A farmers' market permitted pursuant to this section shall not
include cooking demonstrations.
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(4) Wholesale. The sale, offer for sale, or taking orders for sale of food processed or
manufactured or that is supplied by a wholesale produce distributor is prohibited. No
item which was previously wholesaled may be sold, offered for sale, ordered, sampled
or displayed at the farmers' market.
(m) Facilities.
(1) Toilet facilities. Conveniently located toilet facilities with direct outdoor access for the
farmers' market shall be available for market vendors. A notarized letter from the
business owner granting the market vendors access to toilet facilities during all hours of
the farmers' market operation shall be submitted with the food establishment permit
application. A copy of the letter shall be made available to the regulatory authority upon
request. All toilets shall conform to the City Code and shall have tight fitting, self-
closing solid doors. Toilet rooms and fixtures shall be clean and in good repair. Toilet
paper shall be available and easily accessible at all times. Toilets accessible to women
shall have a trash receptacle that is covered with a lid.
(2) Lavatory. A hand wash lavatory with hot and cold water under pressure and tempered
through a mixing valve shall be provided in or immediately adjacent to the toilet room.
A soap dispenser and disposable paper towels shall be available at all times. All
wastewater shall be captured and disposed of in an approved sewage disposal system.
(3) Produce sink. A produce sink with hot and cold water under pressure and tempered
through a mixing valve shall be provided at the farmers' market for use for produce only.
Disposable paper towels shall be available at all times. All wastewater shall be captured
and disposed of in an approved sewage disposal system.
(4) Tables. Tables used within the vending area shall be made of non-porous material and
be easily cleanable.
(5) Vending areas. Vending areas shall be covered, free of pests and capable of providing
shelter for all produce displayed.
(6) Trash receptacles. Trash receptacles shall be available to each farmers' market vendor,
and shall be non-porous and insect and rodent resistant. Trash shall be disposed of
offsite as needed to prevent pests, but in no event will trash disposal be less frequent
than once per day.
(7) Floor construction. Floors and floor coverings of all vending areas shall be located on a
concrete or asphalt surface providing adequate drainage, excluding vending areas for
arts and crafts.
(n) Cleanup. The permit holder shall ensure that all trash, refuse and garbage are removed from
the site at the end of each day or that trash, refuse and garbage is placed in appropriate
containers for later disposal. The premises occupied by the farmers' market shall be kept
clean and free of accumulated trash, refuse or garbage during and after the hours of
operation. All discarded fresh fruits, vegetables or other produce that remains at the market
site shall be sealed in plastic bags and discarded in waste containers. Sufficient durable,
nonabsorbent and easily cleanable, leak-proof, rodent and insect-proof refuse and garbage
containers shall be available on site.
(o) Exemptions.
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(1) The person who has obtained a permit pursuant to subsection (b) of this section is
exempt from obtaining an open air vendor permit.
(2) Farmers' market vendors selling produce at a permitted farmers' market are exempt from
obtaining a food establishment permit and an open air vendor permit.
(3) Farmers' markets operated governmental entity shall not be subject to the permit fee
requirements of this section.
(p) Violation. A violation of this section constitutes an offense punishable in accordance with
section 1-14 of the Code.
Section 4: That Chapter 42 “Health and Sanitation,” Article IV "Food and Food
Service Establishments," Division 2 “Permit,” Section 42-177 “Food Manager Certification,” of
the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 42. – HEALTH AND SANITATION
…
ARTICLE IV. – FOOD AND FOOD SERVICE ESTABLISHMENTS
…
DIVISION 2. – PERMIT
…
Sec. 42-177. – Food manager certification.
(a) The original food manager certificate shall be posted in the food establishment in a location
that is conspicuous to consumers.
(b) A certified food manager shall be present at food establishments during all hours of
operation, unless the food establishment is deemed by the regulatory authority to pose
minimal risk of causing, or contributing to foodborne illness based on the nature of the
operation and extent of food preparation, such as but not limited to:
(1) food establishments that handle only prepackaged food and do not package food; or
(2) food establishments that do not prepare or handle exposed Time/Temperature Control
for Safety (“TCS”) foods.
(c) Temporary food establishments are exempt from the requirements in subsection (b) of this
section.
(d) All food employees, except for the certified food manager, shall successfully complete an
accredited food handler training course, within thirty (30) days of employment. This
requirement does not apply to temporary food establishments.
(e) All food establishments shall maintain, on premises, a certificate of completion of the food
handler training course for each employee.
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Section 5: That Chapter 42 “Health and Sanitation,” Article IV “Food and Food
Service Establishments,” Division 2 “Permit,” Section 42-178 “Fees,” of the Code of Ordinances
of the City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 42. HEALTH AND SANITATION
…
ARTICLE IV. FOOD AND FOOD SERVICE ESTABLISHMENTS
…
DIVISION 2. – PERMIT
…
Sec. 42.178. - Fees.
(a) The fee schedule shall be as follows:
(1) Food or food service establishment permit application types and fees:
High-risk
1—9 employees: $640.00
10+ employees: $773.00
Medium-risk: $515.00
Low-risk: $258.00
(2) Temporary food establishment permit: $25.00 application fee and $35.00 per day of
the event up to 14 days.
(3) Permit renewal late fee: $100.00 for renewal applications received after January 31.
(4) Plans review: $35.00
(5) Sanitation Inspection Fee: $120.00
(b) Except as provided in subsection (c) below, no fee shall be charged relating to any food
establishment owned and operated by a governmental agency; an institution of purely public
charity, or a church; however, such establishments shall comply with all other requirements
of this article.
(c) Subsection (b) shall not apply to any food establishment owned and operated by an
independent school district or a parochial or private school, as such establishments shall
comply with subsection (a) as well as all other requirements of this article.
(d) No permit shall be issued or fees charged to any food establishment that would not be
permitted or inspected by the DSHS if that establishment was within the DSHS jurisdiction.
(e) No permit shall be issued or fees charged to any food establishment that has an annual gross
revenue of under $1,000,000 and is currently licensed by DSHS as a Food Manufacturer.
Section 6: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency; and in all other respects, this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 7: If any provision, section, exception, subsection, paragraph, sentence, clause
or phrase of this ordinance. or the application of same to any person or set of circumstances, shall
for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity
of the remaining provisions of this ordinance or their application to other persons or set of
circumstances; and to this end, all provisions of this ordinance are declared to be severable.
Section 8: Any person who fails to comply with any provision of this .ordinance shall
be guilty of a misdemeanor and, upon conviction, shall be punished by a fine in an amount of not
more than TWO THOUSAND DOLLARS AND NO/100 DOLLARS ($2,000.00). Each act of
violation and each day upon which any such violation shall occur shall constitute a separate
offense. In addition to the penalty prescribed above, the City may pursue other remedies such as
abatement of nuisances, injunctive relief, administrative adjudication and revocation of licenses or
permits.
Section 9: This ordinance shall take effect from and after ten (10) days from its passage
by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption
of this ordinance to be published in the official newspaper of the City of Baytown at least twice
within ten (10) days after passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of he City Council of the
City of Baytown this, the 23rd day of April, 2026.
ATTEST: Gabriella Gonzalez, Deputy City Clerk
Mayor: Charles Johnson
APPROVED AS TO FORM: SCOTT LEMOND, City Attorney