HomeMy Public PortalAboutOrdinance No. 728-94 07-12-1994 ORDINANCE NO. 7 ~ A 4
AN ORDINANCE AMENDING SECTION 7 "FOOD
ESTABLISHMENTS" OF CHAPTER 6 "HEALTH AND
SANITATION" OF THE CODE OF ORDINANCES, CITY OF
RICHLAND HILLS, TEXAS, TO RELAX THE REQUIREMENTS
THEREIN FOR CERTIFIED FOOD MANAGERS IN FOOD
SERVICE ESTABLISHMENTS AND TO ADD A REQUIREMENT
FOR TRAINED AND CERTIFIED FOOD HANDLERS AT FOOD
ESTABLISHMENTS; PROVIDING TIlVIE LIlI~IITS FOR
CERTIFICATION OF FOOD HANDLERS; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVING CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, data supplied by the Fort Worth-Tarrant County Health
Department indicates an increase in food borne disease reports; and
WHEREAS, food borne diseases pose a serious health hazard requiring medical
treatment and, in some cases, hospitalizations; and
WHEREAS, the Fort Worth-Tarrant County Public Health Department has
determined that the potential for food borne illness transmission can be reduced by
requiring food handlers to undergo training and certification; and
WHEREAS, the Fort Worth-Tarrant County Public Health Department offers
• food handler training classes; and
WHEREAS, the City Council of the City of Richland Hills, Texas, finds and
determines that the public health, safety and welfare will be best served by
imposing a requirement that all food handlers undergo such training and
certification process as outlined in the following ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
I.
That Paragraph (1) "Requirement" of Subsection F "CERTIFIED FOOD
MANAGERS REQUIRED" of Section 7 "FOOD ESTABLISHMENTS" of Chapter 6
"HEALTH AND SANITATION" of the Code of Ordinances, City of Richland Hills,
Texas, as amended, be hereby amended to hereafter be and read as follows:
F. CERTIFIED FOOD MANAGERS REOUIRED
(1) Requirement
All food establishments employing seven (7) or more food handlers,
except establishments dealing only in uncut fresh produce and/or
prepackaged nonpotentially hazardous food, shall have a person
employed in a managerial capacity possessing a current food
manager's certificate issued by the Health Department. A certified
manager or person in charge must be on duty during all hours of
operation of any non-exempt food service establishment employing
seven (7) or more food handlers.
ORDINANCE NO. 728-94 PAGE 1
• Upon written application and presentation of evidence of
satisfactory completion of a food manager's course, equivalent
training or examination as approved by the director of public
health, the Health Department shall issue a food manager's
certificate valid for three (3) years from the date of training or
evaluation unless sooner revoked. Suspension or revocation of an
establishment's health permit or closure of a food establishment by
the Health Department or repeated violations of state or local food
handling regulations shall constitute cause for revocation of that
manager's certification.
II.
That Subsection G "APPLICATION TO EXISTING FOOD ESTABLISHMENTS" of
Section 7 "FOOD ESTABLISHMENTS" of Chapter 6 "HEALTH AND SANITATION"
of the Code of Ordinances, City of Richland Hills, Texas, as amended, be hereby
retitled "FOOD HANDLER TRAINING; CERTIFICATES; TIME TO COMPLY" and be
hereby amended to hereafter be and read as follows:
G. FOOD HANDLER TRAINING• CERTIFICATES• TIME TO COMPLY
"FOOD HANDLERS" are hereby defined to include employees of facilities
such as food service establishments, retail food stores, food
manufacturers, day care centers, temporary event food booths, snow cone
stands, mobile food units and food banks who prepare, serve, package or
handle open food or drink, clean utensils, pots, pans or single service
• items. All such food handlers must obtain an annual Food Handler's
Certificate after attending the food handler class offered at the Tarrant
County Health Department, 1800 University Drive, Fort Worth, Texas.
All food handlers must obtain the certificates prior to beginning work at
a food establishment. Such Food Handler Certificates are valid for one
(1) year unless revoked by the Tarrant County Health Department.
Food handlers employed by food establishments otherwise lawfully
operating on the effective date of this ordinance shall be allowed to
continue in such capacity provided, however, all such food handlers must
obtain the certificate required herein on or before August 31, 1994.
After August 31, 1994, no food handler may be employed or continue in
employment at a food establishment without first having obtained such
Food Handler's Certificate.
III.
Severability Clause. That it is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses and phrases of this
ordinance are severable, and if any phrase, clause, sentence, paragraph or section of
this ordinance shall be declared invalid or unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such invalid or
• unconstitutional phrase, clause, sentence, paragraph or section.
ORDINANCE NO. 7?R-94 PAGE 2
• IV.
Saving Clause. That Chapter 6 of the Code of Ordinances, City of Richland
Hills, Texas, as amended, shall remain in full force and effect, save and except as
amended by this ordinance.
V.
Effective Date. This ordinance shall be in full force and effect from and after
its passage and publication as provided by the Richland Hills City Charter and the
laws of the State of Texas.
PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting
of the Richland Hills City Council on the 12~h day of Jules 1994, by a vote
of ayes, nays, and abstentions.
APPROVED:
~,v
C. F. Kelley, Mayor
ATTEST:
_ R `
Terri ilhs„ ity ecret
VED AS TO FORM:
r Gam/ r
G~.t,C ,
Paul . Wieneskie, City Attorney
m1ib566/bh/063094
•
ORDIlVANCE NO. 728-94 PAGE 3