Plano staff propose codifying local food code, add new requirements for mobile vendors and date-marking

Plano environmental health staff on March 25 presented a package of proposed revisions to the city's food code intended to clarify requirements, align local rules with state standards and the FDA Model Food Code, and adopt a single local code numbering system.

The proposed ordinance would codify Plano's local food code in full, incorporate the minimum requirements of the Texas Food Establishment Rules (TFER) and the FDA Model Food Code, and adopt a uniform local numbering scheme, Rachel Patterson, director of environmental health and sustainability, told the City Council. "The recommendation from our legal department is to codify the Plano food code as in its entirety," Patterson said.

Patterson said Plano currently regulates about 1,835 permitted food establishments, from restaurants to grocery stores and hospitals, and that the city's permit count has grown in the last two years. She described a multi-step outreach effort that included postcards, e-mails, two in-person meetings, one virtual meeting and an online presentation; city staff reported 223 views of the video and 461 views of the change summary document.

The staff presentation listed several categories of changes. Most are neutral edits or updates required to remain at least as restrictive as state rules. Examples of clarifications and neutral edits Patterson described include updated definitions (including for commercial equipment), a requirement that dish racks be stored off the floor, and an express statement that mobile units that cook on-board must meet applicable fire-code requirements.

Staff also outlined more-restrictive changes that would affect certain operations. Those include a requirement that supplies for cleaning up vomit or diarrhea incidents be kept on-site, a requirement that chemical fruit-and-vegetable washes be verified with an on-site test kit, expanded date-marking requirements to record both the time food was removed from temperature control and the discard time, limitations on sealed-concrete floor options in food-prep areas, and new expectations for refrigeration manufacturer recommendations and maintenance. Patterson said the draft would not force many existing establishments to retrofit equipment immediately; for example, a requirement for dump sinks in bar areas would be enforced only for new establishments or after repeated noncompliance findings.

On mobile food units, staff proposed clarifying that "mobility" requires an operable means to move the unit (for example a driver or tow vehicle), requiring operators at locations longer than two hours to arrange restroom facilities for employees, requiring commissary log sheets be emailed regularly for verification, and specifying generator use and sizing for refrigeration. "This would require the mobile food service operator to arrange for restroom facilities for employees when at a location for more than 2 hours," Patterson said.

Council members asked about enforcement and education. Mayor Pro Tem asked whether the council or staff would enforce the code; Patterson responded that enforcement is a staff responsibility and that the department would prioritize education after adoption, allowing a cure period and training before strict enforcement. Councilmember Prince asked whether identifying existing public restrooms (for example in parks) would satisfy the mobile-unit restroom requirement; Patterson said yes. Councilmember Smith asked about inspection ratings and closures; Patterson said enforcement closures are rare and typically occur for extreme conditions like loss of hot water or refrigeration.

Patterson told council the next step is to place the proposed amendments on the council agenda for consideration; she said staff planned to present the ordinance at the council meeting in April (she referenced April 14 as the target date).

City staff provided detail on fiscal impacts and said most changes are expected to be administrative or neutral; one identified potential fiscal burden would be limited and tied to repeated noncompliance or to new construction where space is restricted.

If the council places the draft ordinance on a future agenda, it will be the first formal step toward adoption; staff said there would be at least a 60-day publication period required by state law before the code takes effect and that they anticipate additional education and outreach to operators before enforcement.

Ending

Patterson said the changes aim to reduce confusion caused by multiple layers of reference documents and numbering systems and to give operators a single local code to consult. She asked council to place the amendments on a subsequent agenda for formal action and said staff will continue outreach and education efforts prior to enforcement.