HomeMy WebLinkAbout1358 09-14-1999ORDINANCE NO. 1356
AN ORDINANCE AMENDING CHAPTER 42 OF THE CODE OF
ORDINANCES OF THE CITY OF EULESS, TEXAS, AMENDING
SECTION 42 -31(a) TO INCORPORATE "TEXAS FOOD
ESTABLISHMENT RULES 25 TAC " 229.161 - 229.171, 229.173
- 229.175, AMENDING SECTION 42 -34 TO REFERENCE
SECTION 229.164 OF THE TEXAS FOOD ESTABLISHMENT
RULES; PROVIDING A SEVERABILITY CLAUSE: PROVIDING
A SAVINGS CLAUSE: PROVIDING A PENALTY CLAUSE: AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Euless is responsible for protecting the public health and
regulating the quality of food consumed.
Be it ordained by the City Council of the City of Euless as follows:
SECTION I
THAT SECTION 42 -31 STATE RULES ADOPTED BY REFERENCE BE AMENDED
BY REPLACING (a) W11TH THE FOLLOWf NG:
(a) The definition; the inspection of food service establishments, the issuance,
suspension and revocation of permits to operate food service establishments; the prohibiting of
the sale of unsound or mislabeled food or drink; and the enforcement of this ordinance shall be
regulated in accordance with the Texas Department of Health, Bureau of Food and Drug
Safety, Retail Foods Division 'Texas Food Establishment Rules 25 TAC " 229.161 - 229.171,
229.173 - 229.175:, The Texas Food, Drug and Cosmetic Act" (article 4476 -5, Vernon's Civil
Statutes), and "Texas Sanitation and Health Protection Law" (V.C.S., Article 447 -1), a copy of
which shall be on file in the office of the City Secretary, Provided, that the words "municipality
of Euless" in said ordinance shall be understood to refer to City of Euless and the words
"regulatory authority" shall be understood to refer to the City Health Officer or his designee.
SECTION II
THAT SECTION 42 -34 E`.tAMINATION AND CONDEMNATION OF FOOD
GENERALLY, BE AMENDED TO READ AS FOLLOWS:
Sec. 42 -34. Examination and condemnation of food generally.
Food may be examined or sampled by the regulatory authority as often as necessary
for enforcement of these rules. The regulatory authority may, upon written notice to the owner
or person in charge specifying with particularity the reasons therefor, place a hold order on any
food which it believes is in violation of Section 229.164, or any other provision of these rules.
The regulatory authority shall tag, label, or otherwise identify any food subject to the hold
order.
No food subject to a hold order shall be used, served, or moved from the establishment. The
regulatory authority shall permit storage of the food under conditions specified in the hold
order, unless storage is not possible without risk to the public health, in which case immediate
destruction shall be ordered and accomplished. The hold order shall state that a request for
hearing may be filed within ten days and that if no hearing is requested the food shall be
destroyed. A hearing shall be held if so requested, and on the basis of evidence produced at
that hearing, the hold order may be vacated, or the owner or person in charge of the food may
be directed by written order to denature or destroy such food or to bring it into compliance with
the provisions of these rules.
SECTION III
SEVERASILITY 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 judgement 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.
SECTION IV
SAVINGS CLAUSE - THAT Chapter 42 of the Code of Ordinances, City of Euless, Texas, as
amended, shall remain in full force and effect, save and except as amended by this ordinance.
SECTION V
PENALTY CLAUSE - THAT any person, firm or corporation violating any of the terms and
provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction
there of shall be fined in accordance with Chapter "General Provisions," Section 1 -12 "General
Penalty," Euless Code of Ordinances. Each such violation shall be deemed a separate
offense and shall be punishable as such hereunder.
SECTION VI
EFFECTIVE DATE - THIS ordinance shall be full force and effect from and effect from and its
passage and publication as provided by the Euless City Charter and the laws of the State of
Texas.
PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of the
Euless City Council on the 14th day of September, 1999, by a vote of 5 ayes, 0 nays,
and 0 abstentions.
APPROVED:
�L� Y_�/k
Mary Lib S leh, Mayor
ATTEST:
Susan Crim, C CIAAE, City Secretary
APP OVE AS TO FORM:
Bob McFarland, City At orney