MOBILE FOOD ESTABLISHMENTS; CERTIFIED FARMERS MARKET VENDORS

Austin City Code tit. 10, ch. 10-3, art. 4

in effect

Austin City Code § 10-3-91 PERMIT APPLICATION.

§ 10-3-91 - PERMIT APPLICATION. (A) A person who seeks to operate a mobile food establishment must submit to the health authority a written application for a permit on a form provided by the health authority. The application must include: (1) name and address of the applicant and the applicant's identification number as shown on a current and valid government-issued identification document that includes a photograph of the applicant; (2) type of vehicle to be used for the proposed mobile food establishment; (3) proof of sales tax and use permit; (4) an itinerary of locations where sales occur; (5) other information reasonably required by the health authority; (6) the signature of each applicant; (7) a notarized statement from the owner of a central preparation facility stating the mobile food establishment uses the facility as its base of operation; (8) if at one location for more than two hours, a written agreement from a business within 150 feet for employees of the mobile food establishment to have use of flushable restrooms (or other facilities as approved by the health authority) during hours of operation; (9) verification of a current, valid Certified Food Protection Manager Certificate; (10) if the central preparation facility is located outside the jurisdiction of the City, the applicant must provide a copy of the most current health inspection obtained from the health authority having jurisdiction over the central preparation facility; and (11) a listing of all food items to be sold. (B) For a mobile food establishment permit, the health authority shall: (1) describe on the permit whether the unit is restricted or unrestricted; and, (2) provide the permit holder a sticker that indicates the permit expiration date. (C) Except as set forth in subsection (D), a person operating a mobile food establishment shall promptly display the sticker on the unit where it is readily visible (as designated by the health authority). (D) A foot peddler permit may be carried on the peddler's person. (E) The health authority may suspend or revoke a mobile food establishment permit if the health authority determines that: (1) an applicant obtained the mobile food establishment by knowingly providing false information on the application; (2) a person is infected with or is a carrier of any foodborne communicable disease; (3) the continuation of the person's mobile food establishment permit presents a significant public health threat; or, (4) the mobile food establishment violates the terms and conditions of any written agreement submitted to the health authority under Section 10-3-91. (F) If a written agreement submitted to the health authority terminates without fault by the mobile food establishment, the operator has 10 days to replace the required written agreement without constituting a violation under this section. Source: Ord. 20100923-028; Ord. No. 20151008-011, Pt. 6, 10-19-15; Ord. No. 20231214-057, Pt. 7, 12-25-23.

Austin City Code § 10-3-92 ITEMS TO BE SOLD.

§ 10-3-92 - ITEMS TO BE SOLD. (A) A person operating a mobile food establishment may only sell a food item described in the permit. (B) A person operating a mobile food establishment may not sell a non-food item. Source: Ord. 20051201-013.

Austin City Code § 10-3-93 SANITARY REQUIREMENTS.

§ 10-3-93 - SANITARY REQUIREMENTS. (A) If a person who operates a mobile food establishment maintains food at a hot holding temperature by mechanical means, that person shall comply with fire and explosion safety standards established by the fire marshal. (B) If a person uses a pressurized fuel system or container in conjunction with the mobile food establishment, that person shall comply with fire and explosion safety standards established by the fire marshal. (C) A person operating a mobile food establishment shall equip the interior of the mobile food establishment with an attached trash receptacle approved by the health authority for the use of persons working in the mobile food establishment. The operator must hold, store, and dispose of solid and liquid waste in a receptacle approved by the health authority and must comply with any other applicable City Code requirements. (D) A person who operates a mobile food establishment must comply with the Food Establishment Rules, including, but not limited to: (1) a mobile food establishment shall provide only single service articles for use by the consumer; (2) a mobile food establishment shall comply with the regulations the health authority adopts regarding time, temperature, plumbing, operation and maintenance requirements for mobile food establishments; (3) a mobile food establishment shall comply with the regulations the health authority adopts regarding a mobile food establishment's provisions, mandatory central preparation facility, serving area and operations; (4) a mobile food establishment shall demonstrate that the vehicle is readily moveable if requested by the health authority; (5) a mobile food establishment shall comply with all requirements of the health authority prohibiting alteration, removal, attachments, placement or change in, under, or upon the mobile food establishment that would prevent or otherwise reduce ready mobility of the mobile food establishment unit; (6) the health authority shall require a mobile food establishment to come, on an annual basis, to a location designated by the health authority for an inspection; (7) all food and supplies must be stored within the mobile unit; (8) a person who operates a mobile food establishment may not place food, equipment, or supplies that are part of its operations outside of the permitted unit and must conduct all of its operational activities within the mobile food establishment; (9) the health authority may require mobile food establishments found to violate this section come for a re-inspection at a location designated by the health authority; (10) an unrestricted mobile vending unit must be equipped with an attached potable water container of no less than 30 gallons. A push cart type unrestricted mobile vending unit must be equipped with an attached potable water container of no less than 10 gallons; and (11) mobile vending unit waste water containers must be sized at least 15% higher capacity than the potable water tank size installed. Potable water tank must meet minimum size as required in subsection 10-3-93(D)(11). Source: Ord. 20100923-028; Ord. 20131024-016; Ord. No. 20140925-035, Pt. 1, 10-6-14; Ord. No. 20151008-011, Pt. 7, 10-19-15.

Austin City Code § 10-3-94 CENTRAL PREPARATION FACILITY REQUIREMENTS.

§ 10-3-94 - CENTRAL PREPARATION FACILITY REQUIREMENTS. (A) Registration and Operational Requirements (1) A person who seeks to operate a central preparation facility must register with the health authority by submitting a form provided by the health authority. The form must include: (a) name and address of the applicant and the applicant's identification number as shown on a current and valid government-issued identification document that includes a photograph of the applicant; (b) designated area to be used as a servicing area for any proposed mobile food establishment operations; (c) size of grease trap; (d) number of mobile food vendors that will be utilizing facility; (e) copy of the most current health inspection of the food establishment that will be utilized as central preparation facility; and (f) any other documentation required by the Food Establishment Rules. (2) The operations of a central preparation facility shall comply with the requirements of the Food Establishment Rules. (B) Facility Requirements (1) a food establishment set up as a central preparation facility shall comply with the requirements of this section. The health authority may impose additional requirements to protect against health hazards related to the operation of a central preparation facility, may prohibit some or all processes, and when no health hazard will result, may waive or modify requirements of these rules. (2) the health authority may impose requirements for the servicing area for the purposes of minimizing health and environmental hazards. (3) logs representing central preparation facility use shall be maintained at the facility and inside any mobile food establishment that uses the central preparation facility. These logs shall be made available to the health authority immediately upon request. (4) central preparation facility owner must designate all equipment, storage, and preparation areas used by a mobile food establishment. (Ord. No. 20151008-011, Pt. 8, 10-19-15)

Austin City Code § 10-3-95 USE OF PUBLIC PROPERTY.

§ 10-3-95 - USE OF PUBLIC PROPERTY. A person who operates a mobile food establishment may not go into a City park to sell, offer for sale, or display a food item, unless the person's activity is authorized by: (1) a park property rental agreement; or (2) written permission of the director of the Parks and Recreation Department. Source: Ord. 20051201-013; Ord. 20131024-016.

Austin City Code § 10-3-96 TEMPORARY FOOD ESTABLISHMENT.

§ 10-3-96 - TEMPORARY FOOD ESTABLISHMENT. (A) A temporary food establishment shall comply with the requirements of this section. The health authority may impose additional requirements to protect against health hazards related to the operation of a temporary food establishment, may prohibit the sale of some or all potentially hazardous foods, and when no health hazard will result, may waive or modify requirements of these rules. (B) Unless granted an exemption by the health authority, a person may not receive a permit to operate a temporary food establishment for more than six events or celebrations, and for a total of 84 days in a calendar year. (C) Subsection (B) does not apply to vendors under contract with the City or Travis County to provide food and beverage services at properties owned and operated by the City or Travis County. (D) The health authority may impose requirements on cooking, freezing. reheating, treating juice, cooked-food storage temperatures, and time control. (E) Equipment. (1) equipment shall be located and installed and cleaned in a way that prevents food contamination and that also facilitates cleaning of the establishment. (2) equipment for cooling or heating food, and holding cold or hot food, shall be adequate in number and capacity to provide food temperatures as specified under requirements the health authority imposes under Paragraph (D). (3) food-contact surfaces of equipment shall be protected from contamination by consumers and other contaminant sources. Where necessary to prevent contamination, effective shields for such equipment shall be provided. (4) alternative manual warewashing equipment, such as receptacles that substitute for the compartments of a multi-compartment sink, may be used when there are special cleaning needs or constraints and the health authority has approved the use of alternative equipment. (F) A temporary food establishment shall provide only single-service articles for use by consumers. (G) Water from an approved source shall be made available in a temporary food establishment for food preparation, handwashing, and for cleaning and sanitizing utensils and equipment. Water need not be under pressure, but shall come from a source approved by the health authority. (H) Packaged food may not be stored in direct contact with ice or water if the food is subject to the entry of water because of the nature of its packaging, wrapping, or container or its positioning in the ice or water. (I) All waste water and sewage generated from the establishment shall be disposed of through an approved sanitary sewer system that is constructed, maintained, and operated according to rules promulgated by the health authority and applicable law. (J) Handwashing facilities shall include an insulated container with a spigot that can be turned on to allow potable, clean, free flowing warm water; a wastewater container; soap; disposable towels; and a waste receptacle. The handwashing facility must be conveniently located within 15 feet of the temporary food booth. Handwashing facilities are not required if the only food items offered are commercially pre-packaged foods that are dispensed in their original containers. (K) A temporary food establishment shall comply with regulations the health authority adopts regarding floors, ceilings, and outer openings of food preparation areas. (L) The health authority shall apply this section to promote safeguarding the public's health and to ensure that food is safe, unadulterated, and honestly presented when offered to the consumer. (M) If necessary to protect against public health hazards or nuisances, the health authority may impose specific requirements in addition to those requirements contained in this section. Source: Ord. 20100429-028; Ord. No. 20151008-011, Pt. 9, 10-19-15.

Austin City Code § 10-3-97 PERMIT REQUIRED.

§ 10-3-97 - PERMIT REQUIRED. (A) It shall be unlawful for any person to operate as a farmers market vendor within the city limits at a certified farmers market without first having obtained a Class A or B permit as required by this section. (B) A Class A permit allows a vendor to offer only prepackaged foods, beverages that are dispensed from covered urns or other protected vessels available for customer self-service, and packaged frozen food. The preparation, assembly, reheating, or cooking of foods is not allowed under this permit. (C) A Class B permit allows the on-site preparation of foods and open foods. Vendors may cook, prepare, and assemble a full menu of food items. All food operations under a Class A permit are allowed under a Class B permit. (D) Every person, before opening, maintaining, or operating as a farmers market vendor at a certified farmers market, shall file an application for and obtain one of the permits described in Subsection (A) of this section. (E) Farmers market vendors operating at multiple markets shall obtain one permit that covers sales at all locations. (F) An applicant for a certified farmers market vendor's permit must file the application with the health authority. The application must include: (1) the name and address of the applicant and the applicant's identification number as shown on a current and valid government-issued identification document that includes a photograph of the applicant; (2) the class of permit the applicant will operate under; (3) the signature of each applicant; (4) a notarized statement from the owner of a central preparation facility stating the farmer's market vendor uses the facility as its base of operation or proof that the applicant has its own central preparation facility; (5) name and address of the certified farmers market where the vendor will operate; and (6) other information reasonably required by the health authority. (G) Upon receiving the application with the fee set forth by council for a farmers market vendor permit under this section, the health authority may approve the application for a farmers market vendor. A farmers market vendor permit is effective for one year from the date of issuance. (H) An applicant for a certified farmers market permit shall submit the application to the health authority not later than the 10th day before the effective date for which the permit is sought. (I) An application for renewal of a farmers market vendor permit must be received by the department, accompanied by the applicable fee, at least 10 days before the expiration date of the previous permit. All information provided in a renewal application must be current and valid. (J) A person operating under a farmers market vendor permit shall promptly display the original farmers market vendor permit where it is readily visible to consumers or as designated by the health authority. (K) In the event the health authority determines that the vendor booth of the applicant does not comply with the provisions of this section or other City ordinances, the health authority shall disapprove such application for issuance or renewal of a farmers market vendor permit. (L) An applicant who has been refused a farmers market vendor permit or renewal of a farmers market vendor permit may, within ten days, appeal to the health authority by filing a copy of such application, the application's denial and requesting the health authority grant a hearing to overrule the action. (M) A cottage food production operation, as that term is defined in Chapter 437 of the Texas Health and Safety Code, is exempt from the permit requirements of this section. (N) A farmers market or farmers market vendor booth that is conducting a cooking demonstration, or providing samples of food, for a bona fide educational purpose is exempt from applying for a permit under this section and paying permit fees described in Section 10-3-64 (Permit Fees). (O) Notwithstanding any other provision to the contrary, a farmers market vendor may prepare and distribute samples of farm produce only, at a farmers market, if the farmers market vendor complies with the sanitary conditions in Section 437.020(c) of the Texas Health and Safety Code. (P) A farmers market vendor may conduct a cooking demonstration only if the vendor verifies in writing with the farmers market at which the vendor is conducting the demonstration that the farmers market is in compliance with the establishment operator requirements of Section 437.0203(c) of the Texas Health and Safety Code and the vendor complies with all other requirements of Section 437.0203 of the Texas Health and Safety Code. (Q) A person may provide samples, or conduct a cooking demonstration, for a bona fide educational purpose. Source: Ord. 20131024-016; Ord. No. 20151008-011, Pt. 10, 10-19-15; Ord. No. 20190919-042, Pt. 2, 9-30-19; Ord. No. 20221013-029, Pt. 2, 10-24-22.

Austin City Code § 10-3-98 SANITARY REQUIREMENTS.

§ 10-3-98 - SANITARY REQUIREMENTS. (A) A person operating as a farmers market vendor shall comply with the Texas Administrative Code, Title 25, Part 1, Chapter 228 (Texas Food Establishment Rules) regarding equipment, floors, dust control, ceiling, and outer openings of food preparation areas at a temporary event. (B) A farmers market vendor shall comply with the requirements of this section. (C) The health authority may impose requirements on cooking, freezing, reheating, treating juice, and cooked-food storage temperatures. (D) A person operating under a farmers market vendor permit shall comply with the following requirements: (1) With the exception of egg vendors, all certified farmers' market vendors operating at a farmers market must operate out of a central preparation facility as its base of operation. (2) The health authority must approve the preparation, serving, or displaying of potentially hazardous foods at a farmers market in accordance with permit requirements. (3) Each employee or volunteer of a farmers market vendor shall be a registered food handler under Section 10-3-34 (Food Handler Training Certification Required) if the farmers market vendor is operating under a Class B permit. The registered food handler certificate shall, upon request, be provided to the health authority. (4) At least one employee or volunteer of a farmers market vendor shall hold a certified food protection manager certificate under City Code Chapter 10-3 Article 2 (Food Manager Certificate and Food Handler Registration) Sections 10-3-31 and 10-3-34 if the farmers market vendor is operating under a Class B permit. The certified food protection manager certificate shall be prominently posted on the vendor booth. (5) A farmers market vendor shall have sufficient potable water from a source approved by the health authority for cleaning foods, equipment and utensils under a Class B permit. (6) A farmers market vendor operating under a Class B permit shall provide an approved facility for employee hand washing consisting of warm, free-flowing clean running water at a minimum temperature of 100 degrees Fahrenheit, soap, and individual paper towels or other approved hand-drying device. If the vendor is unable to maintain the water at the above temperature, the vendor shall provide another control measure, such as a hand sanitizer or single-use gloves, which is approved by the health authority. (7) A farmers market vendor operating under a Class B permit shall provide an approved facility for washing, rinsing, and sanitizing of equipment and utensils used in the preparation and serving of food products. The facility shall consist of at least three containers or compartments, each of adequate size so as to permit the total immersion of all utensils used in a booth at a farmers market. (8) A farmers market vendor must wear disposable plastic gloves when preparing samples of food or produce and must observe proper hand washing techniques immediately before preparing samples of food or produce consistent with the requirements of Section 437.020(c) of the Texas Health and Safety Code. (E) The health authority may inspect each farmers market vendor booth offering food products as is necessary for the enforcement of this section. (F) The market manager of a certified farmers market shall be responsible for ensuring compliance with the provisions of Sections 10-3-97(H) and 10-3-31 through 10-3-34 and for ensuring that all shared or common facilities and operations comply with this chapter. In the case of repeated violations of this section, the health authority may impose restrictions on the preparation of food products at a farmers market vendor booth under a Class B permit. (G) The market manager shall obtain from the operator of a cottage food production operation the operator's or vendor's name, address, date of birth, and a copy of the person's government-issued identification. The market manager shall provide this information to the Health Authority upon request. (H) A farmers market vendor shall provide containers with covers to protect food products during storage and display and shall put sneeze guards, or other method or equipment, pre-approved by the Health Authority, into place to protect food products from consumer contamination. (I) Farmers market vendors shall correct all violations at the time of inspection unless an extension is allowed by the health authority. No extension shall be granted where the violation poses a significant risk of food borne illness to the public. (J) If a farmers market vendor does not correct violations at the time of inspection, or within the specified extension time limits, the health authority shall immediately order the booth to suspend operations. (K) Repeated violations by a farmers market vendor operating at a certified farmers market without a valid permit or with a suspended permit constitutes an offense under this chapter. Source: Ord. 20131024-016; Ord. No. 20151008-011, Pt. 11, 10-19-15; Ord. No. 20190919-042, Pt. 3, 9-30-19; Ord. No. 20221013-029, Pt. 3, 10-24-22; Ord. No. 20231214-057, Pt. 8, 12-25-23.

Austin City Code § 10-3-99 ADDITIONAL REQUIREMENTS.

§ 10-3-99 - ADDITIONAL REQUIREMENTS. The health authority may impose additional requirements to protect against health hazards related to the conduct of a farmers market booth, may prohibit the sale of some or all potentially hazardous foods and, when no health hazard will result, may waive or modify requirements of these rules. Source: Ord. 20131024-016.

Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT10PUHESESA_CH10-3FOFOHA_ART4MOFOESCEFAMAVEFetched: 10/27/2026