INTRODUCTION - Beginning September 1, 1995, all food service establishments, retail food stores, mobile food units, roadside food vendors and temporary food services were required by State of Texas law to have a permit and be inspected either by local or state regulatory authorities.  The Cherokee County Commissioners’ Court opted for local regulation and lower permit fees. 

PERMITTING – All retail food establishment located in Cherokee County must have a valid permit before operating.  Permits are not transferable from person to person or from one location to another.  A valid permit must be posted in every food establishment, unit or vendor regulated by County Order.  Cherokee County Health Department issues three types of retail food establishment permits.  Retail food establishment permits are issued to fixed establishments which includes child care facilities licensed for 13 or more children, mobile food units including roadside vendors, and temporary establishments which must be held in conjunction with a specific event or celebration not to exceed 14 consecutive days or an annual event held at the same location such as Jacksonville’s Trades Day.

 TRAINING – Effective January 1, 2007, all retail food establishments, unless specifically exempted, must have at least one certified food manager.  In addition, all employees who handle food must obtain a food handler certificate.  The establishments exempted from the requirements of a certified food manager are child care facilities, as defined by Section 42.002, Human Resources Code; establishments that do not prepare or handle exposed potentially hazardous foods; and nonprofit organizations.  Food establishments that handle only prepackaged food and do not prepare or package food are exempt from the requirements of both a certified food manager and food handlers training.  Additional information regarding these requirements may be reviewed at this web site in Certified Food Manager and Food Handler’s Training Requirements.

 TAX ID NUMBER – Contact the State Comptroller’s Office at 1-800-252-5555 or by referring to the web site at http://www.window.state.tx.us/taxpermit/ for information about obtaining a sales tax ID number.

 EQUIPMENT AND FACILITY REQUIREMENTS

 The following list of equipment and facility requirements is provided to assist individuals making initial business decisions.  It is not a complete list.  For more detailed requirements, refer to the Texas Food Establishment Rules (TFER) under “Other Links” on this web site or contact Cherokee County Health Department Sanitarian at (903) 683-2990.

     A.  Fixed Establishment:

           1.  A 3-compartment sink to wash, rinse, and sanitize equipment and utensils.  A mechanical

                dishwasher may also be utilized.

           2.  Handwash sink(s) conveniently located in the food preparation areas(s).

           3.  Employee restrooms(s) with handwash facilities.

           4.  Hot and cold water under pressure at all sinks.

           5.  A service sink or curbed cleaning facility for mops.

           6.  A sewage disposal system that is properly constructed, maintained, and operated.

           7.  Water from an approved source.

           8.  Adequate heating and/or refrigeration equipment for cooking, reheating, or holding foods at safe

                temperatures.

           9.  Appropriate temperature measuring devices for checking internal food temperatures (probe-type

                thermometers or thermocouples).

          10. An accurate thermometer for each hot/cold holding unit.

     B.  Mobil Food Unit minimum requirement can be reviewed at this web site in Mobile Food Unit Checklist and

           in the TFER, Section 229.170.

           NOTE:  Mobile food unit operators typically prepare or handle unpackaged foods.  Roadside vendors are

           limited to handling pre-packaged foods only.

     C.  Temporary Food Establishment minimum requirements can be reviewed at this web site also in the

           Temporary Food Establishments Guidelines or the TFER, Section 229.165(a)(1).

APPROVED WATER SOURCE/WATER WELLS

Water used for food preparation, handwashing, and dishwashing must come from an approved source.  The following sources are approvable:

  A.  Community (municipal) water system (public water system).

  B.  Non-Community water system (public water system).  This category includes on-site wells that supply more than 25 customers per day for a total of 60 days per year.  These wells must be listed and approved by the     Texas Commission of Environmental Quality (TCEQ).  TCEQ will oversee the testing requirements and operations of the wells.  Contact the TCEQ Public Drinking Water Section at (512) 239-6020 for assistance.

 C.  Non-public (private) water system – This category includes wells that serve less than 25 customers per day for a total of 60 days per year.  The well must be properly constructed, maintained, and operated.  Prior to use, the water must be sampled for safe bacteriological quality and must be tested at least annually thereafter.

RESTRICTIONS ON COMMERCIAL FOOD PREPARATION IN A HOME

The Texas Food Establishment Rules, Section 229.167(d)(10) states:  A private home, a room used as living or sleeping quarters, or an area directly opening into a room used as living or sleeping quarters may not be used for conducting food establishments operations.

TEXAS FOOD ESTABLISHMENT RULES

Refer to the TFER for detailed information regarding these and other requirements.  The TFER can be found http://www.cchdtexas.org , select Food Service, and go to “Other Links” at the bottom of the page.  You can also contact the Cherokee County Health Department Sanitarian at (903) 683-2990.