Ord 2019-013/updating and revising Chapter 18, Article 3, Food Establishments and Vending Machines, of the City Code by repealing the current provisions and replacing them with provisions consistent with State law governing food establishments

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changes in current state laws and rules of the State of Texas regarding the regulation of food establishments shall be adopted by reference unless deemed to be in conflict with local ordinances or this chapter and such conflict does not constitute a violation of state law. Sec. 18.089. Compliance required. (A) A person may not manufacture for supply, possess with intent to supply, display, sell, or supply, with or without charge, any food that is unsafe or misbranded. (B) All food shall be prepared, packaged, transported, and supplied in compliance with this chapter. (C) A person operating a food establishment, vending machine, bed and breakfast limited, mobile food establishment, food processing plant, seasonal food establishment, self- service food market, central preparation facility, temporary event, farmers' market, or farmers' market vendor booth shall comply with this chapter unless exempt pursuant to state law. (D) Injunctions. In addition to subsection (A-E) of this section, the regulatory authority may seek to enjoin violations of this division with actions specified in Section 1.015 of the City of San Marcos Code of Ordinances. (E) The health authority may adopt additional requirements not specified in this chapter as are reasonably required in the health authority's professional judgement, and authorized by law, to protect against health hazards or nuisances. When the health authority reasonably determines as a matter of professional judgement that no health hazard or nuisances will result from a particular activity or method of conduct, the health authority may waive or modify requirements of this chapter. Sec. 18.090. Service of notice. (A) The health authority may serve a notice required by this chapter by: (1) Personal delivery to the permit holder, person in charge, or owner; or (2) Registered or certified mail, return receipt requested, to the last known address of the permit holder responsible party, and property owner. (B) The health authority shall retain in its records a copy of the notice. Sec. 18.091. Hearinl1s. (A) The health authority shall conduct a hearing under this chapter at a time and place determined by the health authority. (B) The health authority shall: (1) Make and record findings based on the evidence presented at the hearing; (2) Affirm, modify, or rescind the order considered at the hearing; and (3) Provide a written decision to the permit holder.