City asking vendors to digest new rules
The city is looking for ways to come into compliance with state food establishment regulations while accommodating local establishments and events. At a recent work session, the San Marcos City Council heard some of the changes required and proposed measures to take to bring San Marcos in line with state rules for fixed food establishments, food trucks, temporary events and farmers markets.
One of the measures is requiring a food safety manager for some events and venues.
‘This is the person who’s being trained up to understand all the time-temperature sensitivity rules — all of the different variables that are coming into play in how you run the restaurant,” neighborhood services chief Jeff Caldwell explained to the council.
Having a contact person for events like Third Thursday downtown or cookoffs can help simplify matters, Caldwell said, and help to make sure that the rules are being followed.
The city has found ways for events like the Cottage Kitchen lunches on Friday to continue while being in compliance with state law.
“They’re actually a temporary event permit at the place where they’re at,” Caldwell said, “It’s not a commercial kitchen, but by state law, they can’t produce the food at home.”
Caldwell said that at the Cock House, where the luncheon is held, there is a dishwasher, refrigeration and a stove.
“Because they’re a temporary event, they can use those things,” he said.
Moreover, state law does not regulate baked goods made in a home kitchen, so homemade baked goods are still allowed at the Cottage Kitchen.
“It didn’t totally lose that flavor of a home-cooked meal,” Caldwell said.
Food trucks and markets
Mobile food establishments — such as food trucks — are also under new regulations, including the need for a central prep location for the food sold in the trucks. The trucks have to go to that location to be cleaned and stocked, Caldwell said.
“The whole process of going to central prep is to clean it, add water into it, take the wastewater out of it, restock,” Caldwell said. “That should be where you’re storing your food in refrigerators, freezers, and you’re restocking your trailer, doing any prep work you can do in that commercial kitchen, then loading your truck or trailer up for service that day.”
New rules for food trucks led many businesses at The Hitch to either close down or move outside of town, which in turn led The Hitch to close.
“Are you confident that all the other cities in the region, including Austin, are following this code as to the letter as we are?” Mayor John Thomaides asked Caldwell. “Because I’m not sure … I know it’s the law. I get that. … I just want to make sure that we’re not jumping out in front and going whole hog when the state isn’t even following through.”
City Manager Bert Lumbreras, who came to San Marcos from Austin, said that to his knowledge, Austin is following the updated state rules. However, council member Saul Gonzales pointed out that while the new rules require food trucks to be mobile, he knew of food trucks in Austin that never move. Lumbreras said that some might be slipping through the cracks because of the sheer volume of food trucks.
“They probably have not kept up with inspections and applying the code with every one of them,” Lumbreras said, “because they’ve increased substantially.”
The city is also considering new fees for different types of food vendors at farmers markets. Caldwell explained that the city has always required vendors to pay an annual fee of $101.50 to set up at a farmers market. Under the proposed system, different annual fees would be required for vendors in three categories: prepackaged foods; baked goods, bulk items and prepared samples; and full meal service. Food handlers would also be required for the last two categories. Caldwell explained that food vendors whose goods do not fall into those three categories would still be allowed at farmers markets. Furthermore, vendors who pay the fees will be eligible to set up at any farmers market in the city after paying the annual fee.
Caldwell said the food regulations are intricate and would have to cover everything from an established restaurant to someone wanting to sell barbecue plates to raise money for someone in need.
“You’ve got somebody that’s trying to help a neighbor that’s had medical bills … versus someone who’s running a business,” he said.
Caldwell also said that the city welcomes input on the proposed changes.
“Tell us if there’s something else we haven’t thought of that would help you make this easier, to make this work,” he said. “We’re absolutely looking for input. This isn’t a ‘how we’re going to do it,’ this is ‘how we want to do it.’”
Thomaides emphasized his desire to make it as easy as possible for locals to adapt to the new state rules.
“I would like us to find the least onerous way,” he said. “... I don’t want to put the hammer down and make it so difficult for people to do what they want to do in this town.”
rblackburn@sanmarcosrecord.com
Twitter: @arobingoestweet
