GENERALLY

Houston Code of Ordinances ch. 20, art. II, div. 1

in effect

Houston Code of Ordinances § 20-17 FDA Model Food Code and TFER compliance.

Sec. 20-17. - FDA Model Food Code and TFER compliance. The Texas Department of State Health Services Texas Food Establishment Rules ('TFER') set forth in 25 Texas Administrative Code Chapter 228 and those portions of the FDA Model Food Code that the State of Texas has adopted through TFER constitute a part of this Code, are adopted herein by reference, and are hereby continued in full force and effect to the same extent as if set out in full herein. All provisions of this chapter are to be read and construed in a manner that is consistent with the TFER and those portions of the FDA Model Food Code that the State of Texas has adopted. Any inconsistency between the requirements of this chapter, the FDA Model Food Code, and TFER shall be resolved in favor of TFER. (Ord. No. 99-1346, § 1, 12-15-99; Ord. No. 07-1051, § 2(Exh. A), 9-12-07; Ord. No. 2025-743, § 5, 8-27-2025; Ord. No. 2026-0397, § 2, 513-2026)

Houston Code of Ordinances § 20-18 Definitions.

Sec. 20-18. - Definitions. When used in this article, the following words, terms and phrases shall have the meanings ascribed to them in this section, unless the context clearly indicates a different meaning: Department shall mean the Houston Health Department. Extensively remodeled shall mean having been subjected to a remodeling that includes a wall reconfiguration, in-wall plumbing modification or change of location or addition of any floor mounted equipment. Frozen dessert shall mean any of the following: ice cream, light ice cream, ice milk, frozen custard, fruit sherbet, non-fruit water ice, frozen dietary dairy dessert, frozen yogurt, quiescently frozen confection, quiescently frozen dairy confection, mellorine, lorine, parevine, freezer-made milk shake, or nondairy frozen dessert. The term also includes mix used in the freezing of one of those frozen desserts. (Ord. No. 99-1346, § 1, 12-15-99; Ord. No. 06-826, § 8, 8-9-06; Ord. No. 07-229, § 1, 2-21-07; Ord. No. 07-1051, § 2(Exh. A), 9-12-07; Ord. No. 07-1055, § 2, 9-19-07; Ord. No. 2015-820, §§ 34, 36, 8-26-2015; Ord. No. 2015-1202, §§ 3—8, 96, 12-2-2015; Ord. No. 2025-743, § 6, 8-27-2025)

Houston Code of Ordinances § 20-19 Applicability of article; compliance; penalty for violation; variances, etc.

Sec. 20-19. - Applicability of article; compliance; penalty for violation; variances, etc. (a) All provisions of this article shall be applicable to all food establishments unless specifically limited to food processing establishments or to food service establishments. (b) No food service establishment or food processing establishment shall be operated within the city unless it conforms with the requirements of this article. (c) Any person who violates any provision of this article, or rule or regulation promulgated by the health officer, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $50.00 nor more than $2,000.00. Each day a violation of this article continues shall constitute a separate offense. Provided, however, if a person is convicted of an offense under this article that also constitutes a violation of any other criminal provision of the laws of the State of Texas, the person shall be subject to the criminal penalties set out in the laws of Texas for the offense. Nothing in this article shall be construed as requiring the health officer to report minor violations of this article for prosecution whenever the health officer believes the public interest will be adequately served in the circumstances by a warning. (Ord. No. 99-1346, § 1, 12-15-99; Ord. No. 07-1051, § 2(Exh. A), 9-12-07; Ord. No. 2015-1202, §§ 9—11, 12-2-2015; Ord. No. 2025-743, § 2, 8-27-2025)

Houston Code of Ordinances § 20-20 Inspections; reports.

Sec. 20-20. - Inspections; reports. (a) The health officer shall inspect each food establishment within the city at least once every 12 months or more often based on the processes of the operation and compliance history, except that risk category 1 food establishments shall be inspected at least once every 24 months, and the health officer shall make as many additional inspections as are necessary based on the public health risks posed by the establishment and the establishment's past compliance history. Inspections may also be made where consumer complaints and/or reports of foodborne illness outbreaks evidence a need to perform inspections. (b) The report of inspection shall state that failure to comply with any time limits for corrections will require that the establishment immediately cease food service operations. (c) Whenever a reinspection is required by the health officer to determine that conditions responsible for the reinspection no longer exist, the permit holder shall pay the reinspection fee stated for this provision in the city fee schedule, and the permit or permits shall not be renewed until the permit holder has paid any outstanding reinspection fees. The health officer shall conduct a reinspection within a reasonable period of time. (d) Whenever a food establishment is required to cease operations under the provisions of this section, it shall not resume operations until a reinspection determines that conditions responsible for the requirement to cease operations no longer exist. The health officer shall conduct a reinspection within a reasonable period of time. (Ord. No. 99-1346, § 1, 12-15-99; Ord. No. 02-528, § 13a., 6-19-02; Ord. No. 07-1051, § 2(Exh. A), 9-12-07; Ord. No. 2010-1016, § 2, 12-15-2010; Ord. No. 2011-1168, § 13, 12-14-2011; Ord. No. 2015-1202, § 12, 12-2-2015; Ord. No. 2025-743, § 7, 8-27-2025)

Houston Code of Ordinances § 20-25 Construction, remodeling of food establishment generally.

Sec. 20-25. - Construction, remodeling of food establishment generally. (a) Wherever a food establishment or food establishment addition is constructed or remodeled and whenever an existing structure is converted to use as a food establishment, two sets of properly prepared plans and specifications for each construction, remodeling, or alteration shall be submitted to the health officer for approval before construction, remodeling, or alteration is begun. The plans and specifications shall indicate the proposed layout, arrangement, and construction materials of work areas, and the type of proposed fixed equipment and facilities. The health officer shall approve the plans and specifications if they meet the requirements of this article. No food establishment shall be constructed, remodeled, or altered except in accordance with plans and specifications approved by the health officer. If any changes are to be made concerning proposed layout, arrangement, and construction materials of work areas, and the type of proposed fixed equipment and facilities after the first set of approved plans and specifications have been delivered to the owner or contractor, the changes shall be shown on revised plans and specifications, which shall be reviewed and approved by the health officer before the changes are made; then the approved changes shall be added to both original sets of plans and specifications. (b) One set of the approved plans and specifications will be given to the owner or contractor responsible for the construction of the establishment. A second set of approved plans and specifications will remain on file with the health officer. (c) Whenever plans and specifications are required under subsection (a) above to be submitted to the health officer, the health officer or his authorized representative shall inspect the food establishment prior to its beginning operation to determine compliance with the approved plans and specifications and with the requirements of this article. (d) The requirements of this section shall be in addition to all applicable requirements of the Construction Code. (e) The applicant shall pay to the department a nonrefundable plan review fee based on the project valuation for the review of plans required hereunder. The plan review fee shall be paid before plans are reviewed and is stated for this provision in the city fee schedule. In the event that construction, remodeling, or alteration began prior to approval of plans and specifications, the fees described in this subsection shall be doubled. In addition to the fees described in this subsection, there shall be a technology and administrative fee added to each plan review in the amount stated for this provision in the city fee schedule. This technology and administrative fee shall be payable at the time the plan review fee is paid. (f) The applicant shall pay to the department the nonrefundable preoperational inspection fee for this provision in the city fee schedule for each preoperational inspection required hereunder. In the event that the constructed, remodeled or altered space or area is occupied prior to the preoperational inspection approval, the applicant shall pay the nonrefundable inspection fee stated for this provision in the city fee schedule for each preoperational inspection performed while the constructed, remodeled or altered space or area is occupied. No permit shall be issued or renewed if there are any outstanding preoperational fees. (g) Whenever a food establishment changes ownership a preoperational inspection or inspections shall be completed prior to operation under the new ownership. The applicant shall pay to the department a nonrefundable preoperational inspection fee as stated for this provision in the city fee schedule for each preoperational inspection required hereunder. In the event that the food establishment is in operation prior to the preoperational inspection approval, the nonrefundable inspection fee shall be as stated for this provision in the city fee schedule for each preoperational inspection performed. No permit shall be issued if there are any outstanding preoperational fees. (Ord. No. 99-1346, § 1, 12-15-99; Ord. No. 02-399, § 49, 5-15-02; Ord. No. 07-1051, § 2(Exh. A), 9-12-07; Ord. No. 2010-1016, § 2, 12-15-2010; Ord. No. 2011-1168, § 13, 12-14-2011; Ord. No. 2015-1202, §§ 64, 65, 12-2-2015)

Houston Code of Ordinances § 20-26 Notices required.

Sec. 20-26. - Notices required. FOG notice. Within each food establishment registered under section 20-38(d) there shall be conspicuously posted in an area accessible to all employees thereof a notice that describes ordinance requirements of grease traps. (Ord. No. 99-1346, § 1, 12-15-99; Ord. No. 07-1051, § 2(Exh. A), 9-12-07; Ord. No. 2015-1202, § 66, 12-2-2015; Ord. No. 2025-743, § 8, 8-27-2025)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH20FODR_ARTIIFOESGE_DIV1GEFetched: 10/26/2026