Item Coversheet
  CITY COUNCIL AGENDA MEMO
MEETING DATE: 4/14/2025
DEPARTMENT:Environmental Health And Sustainability
DIRECTOR:Rachel Patterson, Director of Environmental Health & Sustainability
AGENDA ITEM:

Repealing Ordinance No. 2018-4-6 and 2019-9-16, codified as Chapter 9, Food Code, of the City of Plano Code of Ordinances, and replacing it with a new Chapter 9, Food Code

RECOMMENDED ACTION:Adoption of Ordinances

ITEM SUMMARY

To repeal Ordinance No. 2018-4-6 and 2019-9-16, codified as Chapter 9, Food Code, of the City of Plano Code of Ordinances, and replace it with a new Chapter 9, Food Code; establishing a new Plano Food Code based on the U.S. Food and Drug Administration 2022 Food Code, as amended, and the 2022 Texas Food Establishment Rules; and providing a repealer clause, a severability clause, a savings clause, a penalty clause, a publication clause, and an effective date. Adopted Ordinance No. 2025-4-2

 

 

 

 

 

 

 

BACKGROUND

At the April 14, 2025 City Council meeting, The EH&S department respectfully requests approval of the Plano Food Code revision. The approved ordinance will have a delayed effective date from the time it is approved for the department to publish the ordinance in accordance with statute requirements.

 

The revision is necessary to comply with the minimum state regulations, the Texas Food Establishment Rules (TFER). The TFER is currently based on the FDA Model Food Code with amendments. This adoption will continue to provide consistency across jurisdictions, not only within the state, but nationally as the FDA Food Code is most often used as the model for agencies which regulate food service establishments.

 

In order to provide all regulations in one place resulting in transparency for the regulated community, the Legal department has advised we codify the Plano Food Code in its entirety which will include the minimum TFER requirements (FDA Food Code plus State specific amendments) and a few amendments specific to the City of Plano, all of which were reviewed at the Preliminary Open Meeting on March 24, 2025.

 

As discussed, several Plano-specific amendments are neutral in nature, meaning they will not significantly alter operation of an establishment. These may include added/revised definitions and other provisions providing greater clarity in relation to an existing regulation. More restrictive changes are meant to address issues of public health significance. A summary of changes is attached. If approved, department staff will make every effort during transition to be reasonable and educate as needed while conducting inspections.

 

Public Outreach

The department began public outreach in August 2024. Notifications via postcards and a mass email were sent to all food service establishments. The notification announced three meetings regarding proposed changes and a website to review via video presentation and PDF document. An email was provided for submittal of comments. In late February another mass email was sent with a reminder to review online and submit comments. The results of outreach follow: Public Meetings: 19 attendees; Views of YouTube video presentation: 223; Views of PDF changes document: 46; Direct calls to Environmental Health Manager: 5

 

The department also met with the Greater Dallas Restaurant Association (policy representative) and the presented to the hospitality group at the Plano Chamber of Commerce. Feedback was neutral in nature. Questions received during public outreach were generally focused on clarification of some of the revised regulations. It does help that many food establishments/chains already use the FDA food code as a standard and in fact, prefer the use of the most recent version for consistency among their many locations.  

 

Should you have any questions prior to the meeting please feel free to contact me.

FINANCIAL SUMMARY/STRATEGIC GOALS

This item has no financial impact. 

 

Approval of this item supports the City's Strategic Plan Critical Success Factor of Excellent, Innovative, and Accountable City Government.

ATTACHMENTS:
DescriptionUpload DateType
Food Code Changes Summary4/7/2025Agreement
Food Code Ordinance4/2/2025Ordinance