Purpose of the District Order
The purpose of District Order 2024-2 is to safeguard public health and provide consumers food that is safe, unadulterated, and honestly presented. The Northeast Texas Public Health District (NET Health) Board adopts the Northeast Texas Public Health District food establishment rules, regulations, fees, and orders to establish the enforcement of state law and state rules for food service establishments, retail food stores, mobile food units, roadside food vendors, and temporary food service establishments as required to issue, deny, suspend or revoke food establishment permits pursuant to Texas Health and Safety Code, Chapters 431-438 and amendments thereto. The current District Order 2023-1 amendments proposed are required to improve the effectiveness of the retail food protection program. The following items proposed are being introduced in the best interest of public health.
Summary of Changes
General Customer Service Improvements.
The digital version of District Order 2024-2 for Public Notice has digital links to codes referenced within the document.
Part 1. Retail Food Establishments
Annual Permit Fee Structure
The outgoing rule permit fee structure is inadequate to effectively cover the cost of program services. A five (5) year plan has been drafted to stabilize existing FTE’s and add necessary FTE’s through 2030 to achieve necessary inspection frequencies to adequately inspect and gain improved food safety compliance within NET Health jurisdiction.
The Annual Permit Fee Structure is changing from a flat fee permit fee structure. There are three components that influenced the new fee structure.
Average time needed to inspect each type of facility.
Average percent increase to accommodate inflation and economic growth
For Brick & Mortar Food Establishment, an additional $50 each year to gain FTE’s.
Donated Food Distributing Organizations (DFDOs)
This is a new description for a specific type of Food Establishment that currently exists.
DFDOs are nonprofit organizations that distribute food free of charge. This section provides information to assist these organizations in compliance with existing food safety regulations necessary to provide public health.
Variable Risk Categories
Added Very Low Risk and Very High Risk to the variable risk categories.
These risk categories establish the complexity of food service and the risk for contributing factors of foodborne illness. These two categories have been added for future planning for the Incentive Program application to award retail food establishments that exhibit proficient Active Managerial Controls in daily operations.
Farmers Market Requirements
Incorporated currently existing operating requirements described on applications and based on the State of TX Farmers Market Regulations into District Order.
Added Coordinator Application and Coordinator Responsibilities as well as Farmers Market Vendor permit, application, and equipment requirements. These requirements and permit fees have been implemented for at least 2 years. This is the first time the operating procedures have been entered into the District Order.
Nonprofit Organizations
Clarified existing language and inspection processes.
In the last revision of the District Order, language was included stating that nonprofits would receive a permit but they were exempted from fees. This is not consistent language with the TX DSHS department. This was clarified to reinforce that nonprofits are exempt from permits, they must follow food safety rules, and they will receive inspections and a certificate of inspection by NET Health. Additionally, we incorporated language from TX DSHS into the definition.
Self-Service Food Markets
Added a placeholder to describe this specific type of food establishment into District Order.
Self-service markets are already described in the Texas Food Establishment Rules. NET Health will be developing applications, and inspection reports specific to this type of food establishment. Permit fees and code references have been included in the District Order.
Vending Machines
Added vending machines to the specific types of food establishments.
Vending machines that robotically prepare foods are increasing. NET Health needs to establish guidance for obtaining permits and operations. Permit Fees and categories have been added for inspections and investigations.
Part 2. Mobile Food Establishments
Electrical Systems and Components
Split this section into categories to provide ease of location of information.
Floors, Walls, Ceilings and Exterior Openings
Included information to protect exterior openings from pests.
This language already exists in the Texas Food Establishment Rules. This is to address commonly observed violations.
Central Preparation Facility or Commissary
Added clarification to this information.
Clarified information for identification and designation of equipment, shared space and expectation for MFUs to be stored at the central preparation facility/commissary when not conducting business or undergoing vehicle maintenance. Added responsibilities for the Commissary Manager.
