DEPARTMENT: Health
DEPARTMENT HEAD: Vincent R. Nathan, PhD, MPH
COUNCIL DISTRICTS IMPACTED: City- Wide
SUBJECT:
Proposed Amendments to Chapter 13 of the City Code
SUMMARY:
This Ordinance will authorize amendments to Chapter 13 of the City Code entitled “Food and Food Handlers” to adopt the new Texas Food Establishment Rules (TFER) recently implemented by the Texas Department of State Health Services (DSHS). The updates to the Ordinance seek to fulfill four main objectives: 1) Increase public awareness of food inspection scoring, 2) Increase long-term compliance with the food safety code, 3) Reduce the City’s operating costs associated with non-compliance and 4) Increase food safety for food establishments and their customers.
In addition, the Ordinance will authorize amendments to update language within the Chapter authorizing temporary food establishments at farmer’s markets to operate up to two days a week per calendar month versus the current restriction of one day a week per calendar month, remove the ability to transfer permits from one location to another, prohibit posting of an unauthorized grade placard as part of the voluntary food establishment ABC placard program and require mandatory employee food handler training and certification for food service workers regardless of position.
BACKGROUND INFORMATION:
On October 11, 2015, the Texas Department of State Health Services (DSHS) released the updated Texas Food Establishment Rules which govern the operation, inspection and permitting of all retail food establishments. DSHS’ goal is to protect the public’s health through the efficient operation of a comprehensive, progressive retail food protection program which focuses on education, training, and oversight, which will ultimately reduce the potential for food borne illness in Texas. Several revisions to the Code are intended to provide further clarification of intent of the rules.
The new rules call for a revision to the current routine food establishment inspection score sheet which will add additional categories of review upon inspection by a Registered Sanitarian. To improve the transparency of the inspection report, the San Antonio Metropolitan Health District will convert to a 100 point scale system for recording scores in contrast to the existing scoring scale in which “0” is considered a perfect score. Changing the current system of scoring from a total demerits system to a 100 point system will make restaurant scores more intuitive to the public. Additionally, as part of the Chapter 13 revisions, Metro Health recommends removing the ability to transfer permits from one location to another.
Metro Health has worked with key stakeholders in the community to gather feedback on these proposed changes to the scoring system. Staff from Metro Health held 10 meetings with affected stakeholders over the course of several months:
§ San Antonio Restaurant Association (SARA) Executive Committee briefing - 8/27/2015
§ SARA Board Meeting briefing - 9/14/2015
§ San Antonio Food Truck Association Board briefing - 9/21/2015
§ Paseo Del Rio Association Board briefing - 10/13/2015
§ SARA key stakeholder group briefing - 11/10/2015
§ San Antonio Hotel and Lodging Board briefing - 11/19/2015
§ Discussed revised recommendations with SARA Executive Director, Board President and Executive Committee Member - 11/23/2015
§ SARA Executive Director and Executive Committee on revised recommendations - 12/02/2015
§ SARA Board Meeting briefing on revised recommendations - 12/07/2015
§ SARA Executive Director and Executive Committee members - 02/04/2016
In addition, Metro Health will also be implementing a voluntary ABC grade placard program anticipated to start June 1, 2016. A grade placard will be offered by Metro Health to each food establishment which the establishment may choose to post at the location. Posting a grade placard not provided by Metro Health or that is not consistent with the establishment’s inspection score would be prohibited.
Other amendments relate to the food handler certification which will require that all food service workers, regardless of position within the establishment, obtain food handler training and certification. With the exception of the food handler requirement which will take effect October 1, 2016, the other changes will be effective April 1, 2016.
In FY 2016, Metro Health added 5 Sanitarian positions to conduct routine food inspections and all positons have been filled. Through the 1st Quarter of FY 2016, Metro Health completed 96% of Risk 3 food inspections and is on track to meet the annual goals for Risk 2 and Risk 1 food inspections.
ISSUE:
After careful review of the new Texas Food Establishments Rules recently implemented by the Texas Department of State Health Services, Metro Health is recommending adoption of the majority of the new rules with an effective date of April 1, 2016 with the section pertaining to the adoption of mandatory employee food handler training taking effect October 1, 2016. Other proposed amendments to the Chapter include revisions authorizing temporary food establishments at farmer’s market to operate two days a week per calendar month versus the current restriction to one day a week per calendar month, removing the ability to transfer permits from one location to another, and prohibiting the posting of an unauthorized grade placard as part of a voluntary food establishment ABC placard program.
ALTERNATIVES:
Should City Council choose not to adopt the new Texas Food Establishment Rules, Metro Health would be in non-compliance with the minimum state sanitation standards. In addition, should the revision to the Code authorizing the change to temporary food establishment permits not be authorized, temporary food establishments at a farmers market will not be able to operate for more than one day per week in a calendar month. Furthermore, should City Council choose to reject amendments to the Chapter 13, the Code will remain enforceable as is.
FISCAL IMPACT:
The proposed amendments to Chapter 13 will have no fiscal impact on the City’s General Fund.
RECOMMENDATION:
Staff recommends the approval of the amendments to include 1) Adopting the Texas Food Establishment Rules 2) requiring mandatory food handler certification for all food service workers 3) allowing temporary food establishments at farmers markets to operate two days a week per calendar month 4) removing the ability to transfer permits from one location to another, and 5) prohibiting the posting of unauthorized grade placards. Staff recommends approval of these amendments with an effective date of April 1, 2016 with the exception of the changes requiring mandatory employee food handler certification which will be effective October 1, 2016.