U.S. Food and Drug Administration (FDA) publishes the Food Code, a model that assists food control jurisdictions at all levels of government by providing them with a scientifically sound technical and legal basis for regulating the retail and food service segment of the industry. Local, state, tribal, and federal regulators use the FDA Food Code as a model to develop or update their own food safety rules and to be consistent with national food regulatory policy. The Texas Department of Health and Human Services (DSHS) has specific requirements for food service establishments in Texas. The City of Schertz adopted the Texas Food Establishment Rules (TFER) under Sec. 34.22 of Chapter 34 of the Code of Ordinances. FDA issues complete food code editions at four-year intervals with food code supplements between full editions. This allows agencies charged with retail food safety to update the code periodically.
 
City staff reviewed Chapter 34 for compliance with current State law.  These proposed revisions will have many sections that are adding or editing language. For example, sections referencing the Texas Department of Health are updated to the Texas Department of Health and Human Services (DSHS) and food and/or beverage establishments to current terminology of food establishment. The changes also provide clarifications for requirements regarding mobile food units that will address the business operations for mobile food units. 

The proposed revisions will bring the Code of Ordinances into better alignment with State law. 

Article 1
Sec 34.2     Duties and Powers of the Health Official	Adding language to match the State certificates and current name.  Staff is proposing to remove requirement for an annual report.
Article 2
Sec 34.22      Adoption of Texas Food Establishment Rules	Adding language to match the State terminology for mobile food “unit”.  Adding term self-service market.  Adding section of the Texas Administrative Code for Farmers Market.
Sec 34.23 Definitions	Adding definitions for farmers market, self-service market.  Update reference to food “and/or beverage” establishment to match State.  Update mobile food establishment to mobile food unit to match the State.  Update definitions for food establishment, food handler, mobile food unit and temporary food establishment.
Sec 34.24 Inspection of food establishment	Update reference to Frozen Desert Texas Administrative Code section.  Clarify inspection priority process.  Update language to match the State terminology for mobile food “unit”.  Revisions for grading placard.  Adding mobile food unit operations requirements.
Sec 34.25 Food Handler Sanitation Course	Update requirement to match the State requirement.
Sec 34.26 Examination and condemnation of unwholesome or questionable food or drink	Revisions to subsection a
Sec. 34.27 Procedure when infection suspected	Update reference to food “and/or beverage” establishment to match State.  Clarifying requirement process medical examination.
Sec. 34.28 Permits	Update reference to food “and/or beverage” establishment to match State.  Update language to match the State terminology for mobile food “unit”.

To amend the code of ordinances, chapter 34 proposed updating the language for retail food establishments and mobile food unit regulations to stay on trend with business practices and community goals in order to maintain sound, stable and desirable business practices.

 It is the City's desire to promote safe and sanitary conditions for all food service establishments. 

The requirements in the municipal code are to promote the health and welfare of the city as a whole. The proposed updates will keep the City on trend with current food safety practices and state law and for these reasons, the staff is recommending approval of the proposed amendments.

City Council met on February 20, 2024 and voted to approve the ordinance with a unanimous vote.

Approval of Ordinance 24-H-03