HomeMy WebLinkAbout99-3233AMENDMENT OF FOOD AND FOOD HANDLERS ORDINANCE
ORDINANCE NO. 99-3233
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF PLAINVIEW, HALE
COUNTY, TEXAS, TO AMEND CHAPTER 12, FOOD
AND FOOD HANDLERS; CUMULATIVENESS
CLAUSE; CONFLICTS CLAUSE; SEVERABILITY
CLAUSE; AND EFFECTIVE DATE.
WHEREAS, Plainview Hale County Health Board has recommended to the
City Council of City of Plainview, Texas revisions in the City Code; and
WHEREAS, the City Council of the City of Plainview has reviewed Chapter
12 of the Plainview Code of Ordinances, entitled Food and Food Handlers; and
WHEREAS, for health, safety and welfare of the citizens of Plainview, the
City Council desires to amend the provisions of Chapter 12, Sec. 12-1, 12-31, and
12-35, in the Food and Food Handlers of the Plainview Code of Ordinances; and
WHEREAS, the City Council has deemed it would be in the best public
interest to amend the ordinance as described below in the manner hereinafter set
forth in the body of this Ordinance;
NOW, THEREFORE, the City of Plainview hereby ordains that Chapter 12,
Food and Food Handlers Ordinance is hereby amended:
SECTION I
Sec. 12-1. Adoption of State rules for retail food, sanitation.
The Texas Department of Health Bureau of Food and Drug Safety Retail
Foods Division "Texas Food Establishment Rules" Sections 229.161 - 229.171 and
Sections 229.173- 229.175 are hereby adopted and incorporated by reference
herein as if fully set forth.
Sec. 12-31. Adoption of rules on food service sanitation.
(a) The definitions; the inspection of food service establishment; the
issuance, suspension and revocation of permits to operate food service
establishments; the prohibiting of the sale of unsound or mislabeled food or drink;
and the enforcement of this article shall be regulated in accordance with the TeXas
Department of Health, Bureau of Food and Drug Safety Retail Foods Division,
Texas Food Establishment Rules copies of which shall be on file in the office of the
city secretary; provided that the word "municipality" in said article shall be
understood to refer to the City of Plainview, Texas, and the words "regulatory
authority" shall be understood to refer to the Plainview/Hale County, city/county
health board.
Sec. 12-35. Compliance procedures.
(c) Examination and condemnation of food. Food may be examined or
sampled by the regulatory authority as often as necessary for enforcement of this
article. The regulatory authority may, upon written notice to the owner of person in
charge specifying with particularity the reasons therefor, place a hold order on any
food which it believes is in violation of Section 229.164 (a) of the Texas Department
of Health Bureau of Food_and Drug Safety Retail Foods Division, Texas Food
Establishment Rules or any other section of this article. The regulatory authority
shall tag, label or otherwise identify any food subject to the hold order. No food
subject to a hold order shall be used, served or moved from the establishment. The
regulatory authority shall permit storage of food under condition specified in the
hold order; unless storage is not possible without risk to the public health, in which
case immediate destruction shall be ordered and accomplished. The hold shall
state that a request for hearing may be filed within ten (10) days and that if no
hearing is requested the food shall be destroyed. A hearing shall be held if so
requested, and on the basis of evidence produced at the hearing, the hold order
may be vacated, or the owner or ,person in charge of the food may be directed by
written order to denature or destroy such food or to bring it into compliance with the
provisions of this article.
SECTION II
Provisions of this ordinance are cumulative and nothing herein shall prevent,
alter, or diminish the applicability or enforcement of other ordinances restricting,
regulating or governing the subject matter herein.
SECTION III
All ordinances or portions of any ordinance of the City of Plainview, Texas
in conflict herewith, are hereby amended to conform with the provisions hereof.
SECTION IV
Should any section, subsection, or any portion hereof be deemed invalid for
any reason, such holding shall not render or invalidate any other section, sub-
section, sentence, provision, clause, phrase, or word severable therefrom and the
same shall be deemed severable for this purpose.
SECTION V
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This ordinance shall be of full force and effect upon its passage and
publication as required by law.
PASSED AND APPROVED this the 26th day of October 26, 1999.
K~ren McBetl~, City Secretary
Jo~f~ Ca~"tro, Dir. of Community Services
APPROVED AS TO FORM:
Wally Hat/ch, City Attorney
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