HomeMy WebLinkAboutOrd 420-2008 Creating Food Establishment Rules.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 420-2008
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING PART 11 OF THE
ANNA CITY CODE OF ORDINANCES BY CREATING A NEW "ARTICLE 35. FOOD
ESTABLISHMENT RULES" PROVIDING FOR THE ADOPTION OF CERTAIN TEXAS
DEPARTMENT OF STATE HEALTH SERVICES RULES GOVERNING TEXAS FOOD
ESTABLISHMENTS IN THE CITY; PROVIDING FOR A PENALTY FOR ANY
VIOLATION OF SAID RULES NOT TO EXCEED $2,000; PROVIDING FOR SAVINGS,
SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas, City Council ("City Council") has investigated
and determined that it would be advantageous and beneficial to the City of Anna, Texas
("City") and its citizens to adopt certain rules set forth by the Texas Department of State
Health Services relating to Food Establishments and to provide for City enforcement of
said rules; and
WHEREAS, the City Council finds that said adoption is best accomplished by amending
Part II of The Anna City Code of Ordinances ("Anna Code") by creating a new "Article
35, Food Establishment Rules" that incorporates and provides for City enforcement of
Texas Department of State Health Services rules set forth in Texas Administrative
Code, Title 25, Part 1, Chapter 229, Subchapter K, Sections 229.161 through
229.170, and Sections 229.173 through 229.175, as may be amended by the Texas
Department of State Health Services.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated
The above -referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Amendment
In accordance with Part 11, Article 1, Section 9 of the Anna Code, the City Council
amends Part II of said Code by creating Article 35. Food Establishment Rules, as
follows:
Article 35. Food Establishment Rules
Section 1. Purpose
The purpose of these rules is to safeguard public health and provide to consumers
Ore. 420-2008 Creating N Article 35 Food Estsbishm t Ruies.000 1 12-0&06
Section 2. Adoption of Department of State Health Services Texas Food
Establishment Rules
(a) This Article hereby incorporates as if set forth in full herein for all purposes
Texas Administrative Code Title 25. Health Services, Part 1. Department of
State Health Services, Chapter 229. Food and Drug, Subchapter K. Texas Food
Establishments, Sections 229.161 through 229.170, and Sections 229.173
through 229.175, as may be amended by the Texas Department of State Health
Services, save and except the amendments set forth below. Copies of the
Texas Food Establishment Rules are on file in the office of the Anna City
Secretary being marked and designated as the Texas Food Establishment
Rules, published by the Texas Board of Health, General Sanitation Division, The
City amends the Texas Food Establishment Rules as follows:
(1) Section 229.162 (83) is amended such that the "regulatory authority'
referenced therein is the City of Anna, Texas, including its duty authorized
agents; and
(2) Section 229.163(c) is amended to add the following subsection:
13. "A sign shall be prominently displayed in view of each rest room lavatory
used by food service employees that states: 'Employees must thoroughly
wash hands before returning to work after using the rest room."'
Section 3. Penalty
Any violation of any of the terms of this Article, whether denominated in this Article
as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any
such violation shall be fined in an amount not to exceed $2,000 for each incidence of
violation. Each violation is considered a separate offense and will be punished
separately.
(Ord. No. 420-2008, adopted 12/9/2008)
Section 3. Savings, Severability and Repealing Clauses
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect
the same as if such invalid or unconstitutional provision had never been a part hereof.
The City declares that it would have passed this ordinance, and each section,
subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or
Ord. 420-2008 Creating New Article 35 Faaf Eclabtishment Rui"Am 2 12-09-05
more section, subsection, sentence, clause, and phrase be declared unconstitutional or
invalid.
Section 4C Publication of the Caption Hereof and Effective Date
This ordinance shall be in full force and effective from and after its passage and upon
the posting and/or publication, if required by law, of its caption and the City Secretary is
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Cil Sec
retary, Natha Wilkison yor, Kenneth Pelham
OF
Ord . -2(%18 Creating Naw Srtide 35 Food F.ateblishment R.I.A. 3 12-0408