CORPUS CHRISTI, Texas — A Corpus Christi food truck owner is questioning city health regulations after a November 5th inspection led to a dispute over his barbecue pit setup that was captured on video and shared on Facebook.
Daniel Peña, owner of Chicagos Cater, recorded his interaction with a city health inspector who told him he couldn't use a barbecue pit because it wasn't attached to his mobile food unit.
"We've been permitted for the past three years. And we've had a barbecue pit out there numerous times. When it allows us to bring a pit, we bring one," Peña said.
During the inspection, the health inspector repeatedly told Pena that his barbecue pit violated city code because it wasn't attached to his mobile unit, he cited city ordinance 17-38. Pena challenged this interpretation, asking the inspector to show him where the law specifically required attachment.
"Where does it say it has to be attached? Show me where it says it has to be attached. Interpretation is not made for the law. It has to say attached," Peña said.
Peña wasn't issued a citation but received a letter from the Corpus Christi-Nueces County Public Health District, which stated: "Per city ordinance, vendor cannot operate barbecue pit separate from the permitted mobile unit."
However, a review of that ordinance found no language confirming the inspector's claim about attachment requirements. The Texas Health and Human Services regulations also don't specify such requirements.
During the inspection, Peña called the department for clarification and was told that as long as the pit meets requirements, it should be acceptable. The state representative noted that without being present, it was difficult to make a definitive determination.
When contacted for comment, city officials said the inspector found that the pit lacked overhead protection.
Full statement from City of Corpus Christi:
Corpus Christi-Nueces County Public Health District received a request regarding a food truck that was cooking outside on the street and not inside its food truck. The food truck was Chicago's Cater Food truck. As per our governing rules from the Texas Department of State Health Services - BBQing standard operating procedures and policies, there are minimum requirements for outdoor BBQ pits.
In response to this request, the Health District's environmental team, which is responsible for overseeing food service permitting, conducted an on-site inspection. The inspection revealed that the barbecue pit lacked overhead protection, which is a minimum requirement.
Attached for your reference is the Texas Department of State Health Services' Standard Operating Procedures (SOP) that guide our operations. As noted in the SOP, barbecuing must maintain mobility and must occur under overhead protection.
Peña disputes this claim and provided this photo showing what he says was overhead protection for his barbecue pit.
KRIS6 News asked the City of Corpus Christi for clarification regarding the ability to barbecue without the pit being attached, in which the city sent another statement:
BBQing by food trucks, temporary events, and fixed food establishments must follow the guidelines as established by the DSHS. The location of the food truck at the time was also important since the location in question was near McGee Beach. Lastly, the BBQ pit was not brought to the inspection for the permit, so our environmental inspectors were not aware that this food truck was utilizing a mobile/non-detached BBQ pit.
Our activities in environmental and consumer health services are to ensure that rules and procedures are followed to maintain public health safety.
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