§ 16-6. Definitions.

Authorized agent or employee shall mean an employee(s) of the City of Eagle Pass authorized to administer the provisions of this article.

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

(a)

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, (machine), self-service food market, conveyance used to transport people, institution, or food bank;

(b)

An establishment 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;

(c)

Includes 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 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; and

(d)

Food establishment does not include an establishment that offers only prepackaged foods that are not time/temperature control for safety food, a produce stand that only offers whole, uncut fresh fruits and vegetables, a food processing plant, a cottage food industry, an area where cottage food is prepared, sold or offered for human consumption, or a private home that receives catered or home-delivered food.

HACCP plan is a written document that delineates the formal procedures for following the Hazard Analysis Critical Control Point principles developed by The National Advisory Committee on Microbiological Criteria for Food.

Mobile Food Unit (MFU) is a food establishment with a vehicle mounted, self or otherwise propelled, self-contained food service operation, designed to be readily movable (including, but not limited to catering trucks, trailers, push carts, and roadside vendors) and used to store, prepare, display, serve or sell food. Mobile units must completely retain their mobility at all times. A mobile food unit does not include a stand or a booth. A roadside food vendor is classified as a MFU.

Municipality shall mean the City of Eagle Pass.

Public health inspector shall mean the individual employed by the City of Eagle Pass to perform the activities set forth herein and the state rules, which will generally be a registered professional sanitarian in Texas.

Regulatory authority shall mean the City of Eagle Pass, Texas and any employee so designated by the city manager to administer the provisions of this chapter.

Roadside food vendor is a food establishment where a person operates a mobile retail food store from a temporary location adjacent to a public road or highway. Food is not prepared or processed by a roadside food vendor. A roadside food vendor is classified as a mobile food unit.

State rules shall mean the regulations set forth in 25 TAC, Chapter 228 as may be amended.

Temporary food establishment is a food establishment that operates for a period of no more than fourteen (14) consecutive days in conjunction with a single event or celebration.

(Ord. No. 2016-09, § 1, 2-2-2016)