Sec. 13-1. - Legislative authority.

The provisions of this chapter are adopted in the exercise of the powers granted to this city by law including, but not limited to, provisions of state law and Article I of the City Charter.

(Ord. No. 2008-05-15-0402, § 1(Att. I), 5-15-08)

Sec. 13-2. - Food establishment rules.

(a)

The following are hereby adopted by this chapter:

(1)

25 Texas Administrative Code (TAC) Part I, chapter 229, §§ 229.210—229.222, Current Good Manufacturing Practice and Good Warehousing Practice in Manufacturing, Packing, or Holding Human Food.

(2)

The Texas Food Establishment Rules, TAC §§ 229.161—229.171, and § 229.173—229.175, effective date March 15, 2006.

(b)

The following sections of the Texas Food Establishment Rules are not adopted by this chapter:

TAC §§ 229.162(40)(c), 229.162(89), and 229.166(d)(2).

(c)

To the extent that these Code provisions are more strict than the Food Establishment Rules from the Code of Federal Regulations, and the Texas Food Establishment Rules, this Code shall control.

(Ord. No. 2008-05-15-0402, § 1(Att. I), 5-15-08)

Sec. 13-3. - Definitions.

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

Adulterated shall mean the condition of a food:

(1)

If it bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health;

(2)

If it bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established;

(3)

If it consists in whole or in part of any filthy, putrid or decomposed substance, or if it is otherwise unfit for human consumption;

(4)

If it has been processed, prepared, packed or held under unsanitary conditions, whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health;

(5)

If it is in whole or in part the product of a diseased animal, or an animal which had died otherwise than by slaughter; or

(6)

If its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health.

City shall mean the City of San Antonio, Texas.

Commissary shall mean a food processing establishment or food service establishment approved by the director in which food, containers or supplies are kept, handled, prepared, packaged or stored for transportation by mobile food establishment vendors.

Corn roaster shall mean a rotisserie type of oven mounted on a vehicle, trailer, or pushcart that is designed to cook whole ears of corn with the shucks in place.

Current permit is one which is current, valid, unsuspended and unrevoked.

Department shall mean the health department of the city or the San Antonio Metropolitan Health District.

Director shall mean the director of the health department of the city and the health authority for the San Antonio Metropolitan Health District.

Downtown business district shall have the same meaning as set out in the Unified Development Code of the city.

Food establishment shall mean an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption:

(1)

Such as a restaurant; retail food store; satellite or catered feeding location; catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people; market; vending location; conveyance used to transport people; institution; or food bank; and

(2)

That relinquishes possession of food to a consumer directly, or indirectly through a delivery service such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers.

Food establishment includes:

(1)

An element of the operation such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location unless the vending or feeding location is permitted by the regulatory authority; and

(2)

An operation that is conducted in a mobile, stationary, temporary, or permanent facility or location; where consumption is on or off the premises; and regardless of whether there is a charge for the food.

(3)

An establishment that offers only prepackaged foods that are not potentially hazardous;

(4)

A food processing plant;

(5)

A bed and breakfast limited, bed and breakfast extended and bed and breakfast food establishment facility as defined in the Texas Food Establishment Rules.

For the limited purpose of permits, food establishment shall not include:

(1)

A food establishment that only sells whole, uncut fresh fruits or vegetables;

(2)

A mobile food establishment that only sells whole, uncut fresh fruits or vegetables;

(3)

A temporary food establishment that only sells whole, uncut fresh fruits or vegetables; or

(4)

A temporary food establishment that only gives away pre-packaged, non-potentially hazardous foods.

Food handler shall mean a person, regardless of age, engaged in the preparation, handling or vending of food.

Food vendor shall mean any person, group of persons, firm or corporation who individually or by or through an agent or employer, offers for sale, sells, attempts to sell, exposes for sale or gives away any food intended for human consumption from any vehicle or by a person afoot.

Inspector shall mean an authorized representative of the director.

Jurisdictional limits of this city includes all of the area within the corporate limits of the city but exclusive of that part of such territory which lies within the corporate limits of another city, town or village.

Liquid waste shall mean fluid, resulting from wastes produced from food vending operations, composed of solids, whether dissolved or in suspension; liquids, whether in solution, in emulsion or in separate phases; and gases. The term shall also include melted ice.

Processing shall mean any operation or combination of operations whereby dead animals, dead fowl, fish, inedible offal, meat scraps, bones, suet, feathers, unrendered animal fat, waste cooking greases, and similar animal matter is prepared for disposal at a rendering establishment, stored, or is treated for commercial use or disposition other than as food for human consumption.

Processing area shall mean any area in which processing is conducted.

Produce shall mean any whole uncut raw fruit, raw vegetable, raw nuts in the shell, raw herbs used in food, and raw spices.

Rendering business shall mean the collection or rendering, or boiling, or refining, or storing pending further processing or disposal at a rendering establishment of dead animals, dead fowls, fish, inedible offal, meat scraps, bones, suet, feathers, unrendered animal fat, waste cooking greases, and similar animal matter, or the transportation of such matter to and disposal at a rendering establishment, either as a separate business or in connection with any other established business.

Rendering establishment shall mean any establishment, plant, or premises at or within which dead animals, dead fowls, fish, inedible offal, meat scraps, bones, suet, feathers, unrendered animal fat, waste cooking greases, and similar animal matter is rendered, boiled, processed, or otherwise prepared to obtain a product for commercial use or disposition other than as food for human consumption.

School food establishment shall mean a food establishment in a school which is operated by a public school district or in a private school operated by a non-profit organization where food is prepared and intended for service primarily to students in kindergarten, elementary schools, junior high schools, and high schools. The term does not include food establishments within a school where the school contracts for the provision of food services from a for-profit provider.

Simple snow cone or simple raspa shall mean a food item consisting of crushed ice which was purchased pre-crushed from a licensed processor that is covered or mixed with syrup which was prepackaged from an approved source.

Snow cone/shaved ice/raspa shall mean a food item prepared from block or cubed ice by a shaving process that is covered or mixed with a syrup that may be prepared by the operator in a commissary or on the mobile food establishment, or be purchased prepackaged.

Special event shall mean an event that is sponsored or recognized or organized by an organization such as a neighborhood association, religious group, cultural group, political party, church, school, sports team, fraternal organization, non-profit group/organization, city, county, state, or federal government or an organized mass gathering of people such as a concert, sporting event, trade show, flea market, carnival, circus, or other similar type of show or celebration, or a celebration or gathering which may be based around a specific calendar date which is recognized by the federal, state, county or city government as a holiday or celebratory day or by an abovementioned group or organization, or an event approved by the director.

Sticker shall mean a decal issued by the director that is numbered and has the month and year of the expiration date of the permit which shall be displayed on the mobile food establishment.

Temporary food establishment shall mean a food establishment that operates for a period of no more than fourteen (14) consecutive days in conjunction with a single special event or celebration, and shall also include an establishment that is granted an exemption by the director to operate for up to twenty-one (21) consecutive days of operation.

Terminal market area shall mean the area within the boundaries of S. Laredo on the north, Elmendorf on the west, Ceralvo on the south and Navidad on the east.

Vegetable and fruit vendor shall mean any food vendor dispensing farm fresh produce from a mobile food establishment.

Vehicle shall mean every device in, upon, or by which any food is or may be transported, pushed or drawn.

Vend shall mean the act of dispensing food by a person from a mobile food establishment or afoot within or without a building and shall include for the purpose of this article the act of offering to give away and to give away any substances intended for use as food.

(Ord. No. 2008-05-15-0402, § 1(Att. I), 5-15-08; Ord. No. 2010-02-04-0096, § 1, 2-4-10)

Sec. 13-4. - Enforcement, authority to enter premises.

(a)

The provisions of this chapter shall be enforced by the director and his designated agents.

(b)

The director and each inspector of the city acting under his authority or the authority of the city council, is, for the purpose of protecting the public health and enforcing this chapter, hereby authorized and directed, at any or all reasonable times when inspection may be deemed proper, to enter any premises, room, apartment, or place in the city, or if no objection be made, without the city, wherein any food establishment is operated or carried on, or where any food products are kept, produced, prepared or handled, and also any room, place, premises, vehicle or appurtenances, used in connection with such business or operation, and to make a complete inspection of each such room, place, premises or vehicles, and all machinery, equipment, furniture, utensils and other things found therein; and also to make a thorough inspection and examination of all foodstuffs and other things therein found, which are used or kept for the purposes of such business, which are reasonably within the purpose and intent of this chapter. All such inspectors are also authorized and directed to stop and inspect within the city, or by permission without the city, any wagon or vehicle which appears to be used for the purpose of transporting or delivering any such food products. Such director and inspector shall also be authorized to require, and the persons in charge of any such place or vehicle shall furnish to the director or inspector, such reasonable and proper samples as he may demand for making any tests of such food products.

(Ord. No. 2008-05-15-0402, § 1(Att. I), 5-15-08)

Sec. 13-5. - Duty of inspectors.

Every person appointed, or acting by or under the authority of the city who is charged with the duty of inspecting food establishments, or food products, or any operations in connection therewith, shall perform all such duties under the direction of the director, and shall make all such inspections, examinations and reports, and in such manner and form as may be required and directed by the director.

(Ord. No. 2008-05-15-0402, § 1(Att. I), 5-15-08)

Sec. 13-6. - Cooperation by owners, managers and employees with inspectors.

Every person who owns, manages or conducts any food establishment, and each agent, or employee of such person, shall answer truly such questions and render such information and assistance and give such written statements or certificates, as may be asked or required by the director or any such inspector for the purpose of facilitating any inspection or examination under the provisions of this chapter, and shall also upon request of such officer exhibit to such officer and permit him to examine upon request, any license, permit or certificate, relating to such food establishment and also any bill or delivery ticket evidencing the purchase or delivery of any food product and showing the name of the person from whom such food product was had or purchased.

(Ord. No. 2008-05-15-0402, § 1(Att. I), 5-15-08)

Sec. 13-7. - Interference with inspectors.

No person shall interfere with or refuse to permit the director or any such inspector to make any inspection or refuse to furnish the information authorized under section 13-5; and if any person shall refuse permission or bar or obstruct any inspection, then any permit issued by the city for such food establishment shall become subject to revocation and shall become null and void on written order of the director.

(Ord. No. 2008-05-15-0402, § 1(Att. I), 5-15-08)

Sec. 13-8. - Condemnation of food products.

(a)

Samples of food, drink and other substances shall be taken and examined by the director as often as he deems necessary for the detection of unwholesome and deleterious qualities. The director may condemn and forbid the sale of or cause to be removed or destroyed, any food or drink which is unwholesome or deleterious according to the procedure outlined in this section.

(b)

When such unwholesome or deleterious food comes to the attention of the director he shall promptly condemn the same and the owner, manager or other person in charge of the same shall thereupon immediately and in the presence of the director destroy such food by opening the containers, if it is in containers, and immediately denature and render the food inedible as may be approved by the director; however, if such owner, manager or other person shall notify the director of his desire to appeal, such owner, manager or other person shall immediately transport such foodstuff to such place as the director may designate or approve and shall there store such food. The director shall promptly, either by request or his own volition, make further inspection and examination of such food. If such inspection and examination shows that the food should not be condemned, then the owner thereof may remove the same again to his place of business for sale or otherwise as he may desire.

(c)

Any food or drink which appears to the regulatory authority to be unwholesome, or of possible deleterious quality, or any piece of equipment capable of contaminating food or drink products shall be retained by attaching thereto a "San Antonio Retained" tag. Food and equipment so retained may not be removed, disturbed or used without the permission of the regulatory authority. Anyone, except the regulatory authority, removing a "San Antonio Retained" tag when attached to any food or equipment shall be in violation of this chapter and subject to all penalties provided for herein.

(Ord. No. 2008-05-15-0402, § 1(Att. I), 5-15-08)

Sec. 13-9. - Appeals from condemnation of food products.

In case such owner, manager or other person in charge of such condemned foodstuff, shall desire to appeal from the judgment of any such officer, the owner, manager or other person shall immediately transport such foodstuffs to such place as the officer may designate or approve, and shall there store such foodstuff, and the director shall promptly, on the written request of the owner or on his own motion, make a further inspection and examination of the foodstuffs, and the judgment of the director shall be final and conclusive; and if such judgment be that the foodstuff shall be condemned, then the foodstuff shall be immediately destroyed or stored as provided in section 13-8, or in such manner as the director may direct; but if such judgment be that the foodstuff should not be condemned then the owner thereof may remove it again to his place of business.

(Ord. No. 2008-05-15-0402, § 1(Att. I), 5-15-08)

Sec. 13-10. - Destruction of condemned food products.

Unless the owner, manager or other person shall notify the director of his desire to appeal the condemnation of foodstuff pursuant to section 13-8 and shall immediately comply with the requirements of section 13-8, such destruction of condemned meat, fish, or other foodstuff, may be affected by slashing or otherwise separating the substance of same, after which same shall be immediately denatured and rendered inedible as may be approved by the director.

(Ord. No. 2008-05-15-0402, § 1(Att. I), 5-15-08)

Sec. 13-11. - Penalty for violation.

Any person who violates a provision of this chapter shall upon conviction in the municipal court of the city be subject to a fine not to exceed two thousand dollars ($2,000.00) for each offense if the court finds that the offense was committed intentionally, knowingly or recklessly, and each day shall constitute a separate offense.

(Ord. No. 2008-05-15-0402, § 1(Att. I), 5-15-08)

Sec. 13-12. - Injunctive relief.

In the addition to and cumulative of all other penalties, the director shall have the right to seek injunctive relief for any or all violations of this chapter.

(Ord. No. 2008-05-15-0402, § 1(Att. I), 5-15-08)

Secs. 13-13—13-20. - Reserved.