Ordinance No. 13,260ORDINANCE NO. 13,260
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 42 "HEALTH AND SANITATION," ARTICLE IV "FOOD AND
FOOD SERVICE ESTABLISHMENTS," SECTION 42 -131 "DEFINITIONS"
OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, IS HEREBY
AMENDED TO AMEND THE DEFINITION OF "FARMERS' MARKET"
AND TO ADD A DEFINITION OF "FARMERS' MARKET VENDOR; AND
AMENDING CHAPTER 42 "HEALTH AND SANITATION," ARTICLE IV
"FOOD AND FOOD SERVICE ESTABLISHMENTS," SECTION 42 -151
"FARMERS' MARKETS" OF THE CODE OF ORDINANCES, BAYTOWN,
TEXAS, TO EXPAND THE SCOPE OF FARMERS' MARKETS AND TO
ESTABLISH REGULATIONS THEREFOR; 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," Section 42 -131 "Definitions" of the Code of Ordinances, Baytown,
Texas, is hereby amended to amend the definition of "farmers' market" and to add a definition of
"farmers' market vendor," which definitions shall read as follows:
CHAPTER 42. HEALTH AND SANITATION
ARTICLE IV. FOOD AND FOOD SERVICE ESTABLISHMENTS
Sec. 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:
Farmers market means a designated location at which at least sixty (60 %) 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.
Section 2: That Chapter 42 "Health and Sanitation," Article IV "Food and Food
Service Establishments," Section 42 -151 "Farmers' markets" 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
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 includes 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 (i) the foods are
produced out of the seller's individual home satisfying all state and local laws
and regulations applicable to cottage food production operations and (ii) do not
require refrigeration:
1. a baked good that is not a potentially hazardous food
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;
13. pickles;
14. mustard;
15. roasted coffee or dry tea; or
16. a dried herb or dried herb mix.
Crafts means handmade goods crafted by seller the out of the seller's individual
home.
Display means a booth or space provided at the farmers' market for farmers'
market vendors to exhibit produce, pure honey, cottage foods, or arts and crafts for sale.
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 & 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.
Produce means fresh fruits or vegetables in their natural state.
Sample 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.
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.
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(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 ofpermits. 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 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.
b. General suspension. If the regulatory authority finds a condition
constituting a public health nuisance (as that term is defined in V.T.C.A.,
Health and Safety Code § 341.011), but not constituting an immediate
and substantial hazard to the public health exists in the operation of an
establishment permitted under this section, the regulatory authority may
issue a written notice ordering abatement of the nuisance to any person
responsible for the nuisance. Whenever a permit holder or operator has
failed to comply with any notice issued under the provisions of this
section, the permit holder or operator shall be notified in writing that the
permit is, upon receipt of the suspension 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 permit holder
within seven (7) calendar days.
(4) Reinstatement of suspended permits. Any person whose permit has been
suspended may, not more than sixty (60) days after the date of suspension, make
application for a reinspection for the purpose of reinstating the permit. Within
fourteen (14) calendar days following receipt of a written request, including a
statement signed by the applicant that in his opinion the condition causing the
suspension of the permit has been corrected, the regulatory authority shall make a
reinspection. If the applicant is complying with the requirements of this article,
the permit shall be reinstated.
(5) Revocation. If a permit holder has been issued more than three (3) violation
notices or citations pertaining to any of the requirements of this section during a
12 -month period, the permit may be permanently revoked after an opportunity for
a hearing has been provided by the regulatory authority. Prior to such action, the
regulatory authority shall notify the permit holder in writing, stating the reasons
that the permit should be permanently revoked. The permit shall be revoked at the
end of seven (7) calendar days following service of this notice, unless a request
for a hearing is filed with the regulatory authority, by the permit holder within
such five -day period.
(6) Term. Permits issued under this section shall be valid for two consecutive days
per month for twelve (12) months.
(7) Restrictions.
a. Only one farmers' market permit shall be issued for each location of a
farmers' market per twelve -month period.
b. Only one farmers' market permit shall be issued to a person per twelve-
month period.
(8) 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.
(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 seventy -two (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 ninety (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;
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
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. 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.
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(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 seventy -two 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 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.
6) 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
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(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 & 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.
(1) 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.
(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
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prohibited. No item which was previously wholesaled may be sold, offered for
sale, ordered, sampled or displayed at the farmers' market.
(m) Facilities.
(1) Toiletfacilities. 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
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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.
(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 3: 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 not exceeding
TWO THOUSAND 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 4: 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 5: If any provision, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or the 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 sets of circumstances and to this end all provisions of this ordinance are declared to be
severable.
Section 6: 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.
BE
INTRODUCED, READ, and PASSED by the
City of Baytown, this the 25th day of August, 2016.
S
7 A ST: �kok - —
LETICIA BRYSCH, City k
APPROVED AS TO FORM:
I ACIO RAMIREZ, SR., ty Attorney
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of the City Council of the
DONCARLOS, Mayor
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