§ 8-4-6. Sanitary requirements to be met by mobile food vendors.

All mobile food vendors shall comply with the following sanitary requirements:

(A)

Food shall be in sound condition, free from spoilage, filth or other contamination, and shall be safe for human consumption.

(B)

Food shall be obtained only from sources approved by the health officer and shall comply with all laws relating to food and food labeling.

(C)

At all times, including while being stored, prepared, displayed, served or transported, food shall be protected from potential contamination, including dust, insects, rodents, unclean equipment and utensils, unnecessary handling, coughs and sneezes, flooding, drainage and overhead leakage or overhead drippage from condensation.

(D)

The surfaces of the mobile food vending unit shall be constructed of smooth, nonabsorbent, easily cleanable material. All parts of the mobile vending unit shall be kept clean and in good repair at all times.

(E)

The mobile food vending unit shall be equipped with a trash receptacle approved by the health officer. All solid and liquid waste shall be held, stored and disposed of in a receptacle designed for such disposition in a manner approved by the health officer.

(F)

Ice used as a storage medium for food shall be from approved sources and shall be continuously drained to a waste holding tank. Wrapped sandwiches shall not be stored in direct contact with ice.

(G)

The preparation or serving of food products which are not prepackaged, from a mobile unit, is hereby prohibited. Nothing in this Chapter shall be construed as prohibiting the expeditious vending, delivering or dispensing to the public, from an approved vehicle, of food products which have been previously wrapped, bottled, canned or otherwise packaged in sanitary containers through approved factory processes, or beverages that are not potentially hazardous and are dispensed from covered urns or other protected equipment. For purposes of this Section, the terms "potentially hazardous" as applied to beverages shall mean any beverage which consists in whole or in part of milk or milk products, eggs, or other ingredients, including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. "Approved factory processes" shall mean processes that comply with all laws relating to food and food labeling set forth in V.T.C.A., Health and Safety Code ch. 431. "Approved vehicle" shall mean vehicles approved by the health department. Those vehicles must be equipped with refrigeration capable of maintaining zero degrees Fahrenheit or below for frozen foods and 45 degrees Fahrenheit or below for other foods requiring refrigeration. In addition, vending such prepackaged food products on the street (not to include door-to-door delivery or solicitations of goods or products where the same is allowed, or in response to an order from a resident) is prohibited within the area of one city block or 300 feet, whichever is the lesser, from the grounds of any public, private or parochial school within the City between the hours of 8:00 a.m. and 3:45 p.m., Central Standard Time, on days when any such school is in session, and at any place within the City after 9:00 p.m. Central Standard Time, from and after the effective date of this Section.

All food shall be prepackaged, except for those listed below, which shall be protected in the following manner:

1.

Nuts shall be dispensed with shell intact.

2.

Fresh fruit and vegetables shall be dispensed with the natural skin intact.

3.

Flavored crushed ice and beverages shall be kept in covered containers and served either in the original container or in sanitary single-service cups. Milk beverages shall only be served in the original container.

4.

Fresh baked pastries shall be kept in containers with close-fitting lids and served on individual single-service products.

5.

Ice for human consumption shall be from approved sources and shall be kept in a covered container with no other items, such as food containers and utensils, stored in or over the ice. The ice shall be continuously drained to a waste holding tank. A scoop must be provided and must be kept either in the ice with the handle up or in a rack inside the ice container. Customers shall not be allowed to serve themselves ice.

(H)

When utensil and hand washing facilities are provided, the following requirements shall be met:

1.

The vehicle shall be equipped with:

(a)

A tank to provide potable water.

(b)

A water heating device to provide hot or tempered water.

(c)

A liquid waste tank of 15 percent larger capacity than the water supply tank.

(d)

At least one compartment sink of at least ten inches depth with hot and cold or tempered water supplied to it under pressure.

(e)

Additional sinks as required for compliance with the Texas Department of Health Rules on Food Service Sanitation 301.73.11.001-.011.

(f)

Soap and paper towels for hand washing.

2.

There shall be no direct or indirect cross connections between the potable water supply and any nonpotable water system.

(I)

Except as provided herein, all packaged food shall bear a label containing the following information:

1.

The common and/or usual name of the food item;

2.

The name and address of the manufacturer or distributor;

3.

A list of all ingredients contained in the food item, starting with the most predominant ingredient and following with other ingredients in descending order based on the amount contained in the food item; and

4.

The net weight of the food item (including any bread or bun in the case of sandwiches).

When all of the products dispensed from an individual mobile food vending unit are the same, such that all of the above four items of information would be the same for every product sold, then individual labels on each package may be replaced by one single prominently displayed sign giving the above four information items.

(J)

When frozen dessert or flavored crushed ice machines are used, they shall be cleaned daily by flushing with a suitable cleanser, rinsed by flushing with clean water and sanitized by flushing with a sanitizing agent approved by the health officer.

(K)

Restricted Operations. Mobile food units that serve only food that is prepared, packaged in individual servings, transported and stored under conditions meeting the requirements of those sections, or beverages that are not potentially hazardous and are dispensed from covered urns or other protected equipment, need not comply with requirements of this chapter pertaining to the necessity of water and sewage systems nor to those requirements pertaining to the cleaning and sanitization of equipment and utensils if the required equipment for cleaning and sanitization exits at its commissary.

1.

Pushcarts shall be limited to pre-packaged ice cream or pre-packaged non-potentially hazardous food as approved by the regulatory authority.

2.

Food prepared in a private home may not be used or offered for human consumption from a mobile unit. Food must comply with all labeling laws.

3.

The person in charge of the Mobile Unit shall ensure:

a.

All foods, including ice, are from an approved source or commissary: and

b.

All repacked foods are properly labeled, except when prepared in and sold from the same unit.

c.

Shall ensure proper temperature control of potentially hazardous foods on the unit by Monitoring temperatures of potentially hazardous foods with a thermometer.

(L)

Single service articles. Mobile food units shall provide only single-service articles for use by the consumer.

(M)

Water system. A mobile food unit requiring a water system shall have a potable water system under pressure. The system shall be of sufficient capacity to furnish enough hot and cold water for food preparation, utensil cleaning and sanitizing and hand washing, in accordance with the requirements of this chapter. The water inlet shall be located in such a position that is will not be contaminated by waste discharge, road dust, oil or grease, and it shall be kept capped when not being filled. The water inlet shall be provided with a transition connection of a size or type that will prevent its use for any other service. All water distribution pipes or tubing shall be constructed and installed in accordance with the requirements of this chapter.

(N)

Waste retention. If liquid waste results from operation of a mobile food unit, the waste shall be stored in a permanently installed retention tank that is of at least 15 percent larger capacity that the water supply tank. Liquid waste shall not be discharged from the retention tank when the mobile food unit is in motion. All liquid waste shall be disposed of in compliance with all existing laws to include Chapter 21 of this Code. All connections on the vehicle for servicing mobile food unit waste disposal facilities shall be of different size and type than those used for supplying potable water to the mobile food unit. The waste connection shall be located lower than the water inlet connection to preclude contamination of the potable water system.

(O)

Commissary. Mobile food units shall operate from a commissary or approved food source, other fixed food service establishment and shall report at least daily to such location for all supplies and for all cleaning and servicing operations. A letter from the commissary is required at the time of permit application and at each renewal of the permit.

The commissary or other fixed food service establishment, used as a base of operation for mobile food units, shall be constructed and operated in compliance with the requirements of this chapter or by the approval of the regulatory authority.

(P)

Serving area.

1.

A mobile food unit serving area shall be provided and shall include at least overhead protection for any supplying, cleaning or servicing operation. Within this servicing area, there shall be a location provided for the flushing and drainage of liquid wastes separate from the location provided for water servicing and for loading and unloading of food and related supplies. This servicing area will not be required where only packaged food is placed on the mobile food unit or where mobile food units do not contain retention tanks.

2.

The surface of the servicing area shall be constructed of a smooth nonabsorbent material, such as concrete or machine-laid asphalt, and shall be maintained in good repair, kept clean, and be graded to drain.

3.

The construction of the walls and ceilings of the servicing area is exempt from the provisions of this Article.

(Q)

Service operations.

1.

Potable water servicing equipment shall be installed according to law and shall be stored and handled in a way that protects the water and equipment form contamination.

2.

The mobile food unit liquid waste retention tank, where used, shall be thoroughly flushed and drained during the servicing operation. All liquid waste shall be discharged to a sanitary sewerage disposal system in accordance with (Article VI of this chapter relating to sanitary facilities and controls).

(R)

Catering Services.

1.

A person shall not engage in catering service unless the service is affiliated with a food service establishment operating from a fixed facility that is permitted by the regulatory authority.

2.

A catering service shall comply with the requirements of this Section as the regulatory authority determines is necessary to protect public health and safety.

(S)

Temporary food service. A temporary or seasonal food service establishment shall comply with the requirements of this chapter except as otherwise provided in this rule. The regulatory authority may impose additional requirements to protect against health hazards related to the conduct of the temporary food service establishment, may prohibit the sale of some or all potentially hazardous foods, and when no health hazard will result, may waive or modify requirements of this chapter. The operation of a temporary food service establishment may not exceed fourteen (14) consecutive days per event. The operation of a seasonal food service establishment is greater than 14 days, but less than six months.

1.

If the temporary food service establishment is outdoors, every food preparation and serving area must have a fire resistant overhead covering that protects the interior of the facility from the weather. Floors must be constructed of concrete, asphalt, tight wood or other similar easily cleanable material, kept in good repair. Outdoor events will last no longer than 72 hours.

2.

All food shall be prepared in a permitted food establishment or on the premises. No food or beverage stored or prepared in a private home may be offered for sale, sold or given away from a temporary or seasonal food facility.

3.

All food and beverages shall be protected at all times from unnecessary handling and shall be stored, displayed and served so as to be protected from contamination.

4.

The regulatory authority may establish additional structural or operational requirements as necessary to ensure that food is of a safe and sanitary quality.

5.

The regulatory authority may limit the number of seasonal or temporary permits issued per establishment per calendar year.

(T)

Restricted Operations.

1.

These provisions are applicable whenever a temporary food service establishment is permitted, under the provisions of section 9-91 of this section, to operate without complying with all the requirements of this rule.

2.

Only those potentially hazardous food requiring limited preparation, such as hamburgers and frankfurter that only require seasoning and cooking, shall be prepared or served unless otherwise approved by the health authority. The preparation or service of other potentially hazardous foods, including pastries filled with cream or synthetic cream, custards, and similar products, and salads or sandwiches containing meat, poultry, eggs or fish is prohibited. This prohibition does not apply, however, to any potentially hazardous food that has been prepared or packaged under conditions meeting the requirements of this chapter, is obtained in individual servings, is stored at a temperature of 40 degrees Fahrenheit (five degrees celsius) or below, or at a temperature of 140 degrees Fahrenheit (60 degrees Celsius) or above, in facilities that meet the requirements of this chapter, and is served directly in the unopened container in which it was packaged.

3.

Ice. Ice that is consumed or that contacts food shall have been made under conditions meeting the requirements of this chapter. The ice shall be obtained only in chipped, crushed, or cubed form and in a single-use safe plastic or wet-strength bags filled and sealed at the point of manufacture. The ice shall be held in these bags until it is dispensed in a way that protects it from contamination.

4.

Equipment.

a.

Equipment shall be located and installed in a way that prevents food contamination and that also facilitates cleaning the establishment.

b.

Food-contact surfaces of equipment shall be protected from contamination by consumers and other contaminating agents. Where helpful to prevent contamination, effective shields for such equipment shall be provided.

5.

Single-service articles. All temporary food service establishments which do not have effective facilities for cleaning and sanitizing tableware shall provide only single-service articles for use by the consumer.

6.

Water. Enough potable water shall be available in the establishment for food preparation, for cleaning and sanitizing utensils and equipment and for hand washing. A heating facility shall be located on the premises and capable of producing enough hot water for all operations requirements.

7.

Wet storage. The storage of packaged food in contact with water or undrained ice is prohibited. Wrapped sandwiches shall not be stored in direct contact with ice.

8.

Waste. All sewage, including liquid waste, shall be disposed of according to law. All refuse shall be disposed of in a manner approved by the regulatory authority.

9.

Hand washing. A convenient hand washing facility shall be available for employee hand washing. This facility shall consist of at least warm running water, soap, and individual paper towels.

10.

Floors. Floors shall be constructed of concrete, asphalt, tight wood or other similar cleanable material, and kept in good repair.

11.

Ceilings of food preparation areas. Ceilings shall be made of wood, canvas, or other materials that protect the interior of the establishment from the weather, windblown dust, birds, and debris.

12.

Walls of food preparation areas shall be constructed in a way that prevents the entrance of insects. Doors of food preparation areas shall be solid or screened and self closing. Screening materials used for wall, doors, or windows shall be at least sixteen (16) mesh to the inch.

13.

Counter services openings shall not be larger than is necessary for the particular operation conducted. These openings shall be provided with tight fitting solid or screened doors or windows or shall be provided with fans installed and operated to restrict the entrance of flying insects. Counter-services openings shall be kept closed, except when in actual use.

(Ord. No. 6199, 4-26-1983; Ord. No. 7910, § 6, 1-11-00; Ord. No. 7974, § 1, 10-10-00)