OR 99-873 Food Service Regulations AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 99873
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 6,
ARTICLE 6-8, FOOD SERVICE REGULATIONS; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A REPEALING CLAUSE; PROVIDING A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. The Code of Ordinances of the City of Coppell, Texas be and the same is
hereby amended by amending Chapter 6, Article 6-8, Food Service Regulations, in part to read as
follows:
"ARTICLE 6-8 FOOD SERVICE REGULATIONS
Sec. 6-8-1 ADOPTION OF STATE RULES ON FOOD SERVICE
SANITATION
A. The Texas Food Establishment Rules ("Rules") adopted by
the Texas Department of Health at 25 TEX. ADMIN. CODE
§§229.161-229.171 and 229.173-229.175 as amended
herein are hereby adopted as the City of Coppell Rules for
Food Sanitation, a copy of which is attached as Exhibit A
to the adoptive ordinance that amends this Article, and
which shall be maintained together with the adoptive
ordinance in a separate file in the Office of the City
Secretary.
Sec. 6-8-2 FOOD SERVICE REGULATIONS, PERMITS, AND PRE-
OPERATIONAL INSPECTIONS
A. GENERAL
1. Any reference to "regulatory authority" in the Rules
shall mean the City of Coppell Environmental
Health Department CCEHD').
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2. 25 TEX. ADM~N. CODE §229.171(q) of the Rules,
Food establishment inspector qualifications, is
amended to delete: "An individual conducting
inspections of retail food establishments should be a
Registered Professional Sanitarian in Texas, as
defined in 25 TAC, Chapter 337, §337.181, or meet
the equivalent educational requirements in order
to:", and substitute therefore: "An individual
conducting inspections of food establishments shall
be a Registered Professional Sanitarian in Texas, as
defined in 25 TAC, Chapter 337, § 337.t81, and
meet the educational requirements in order to:".
3. In cases where a person or firm conducts, in a single
building or at the same address, more than one (1)
food operation, whether such operations constitute a
food establishment or temporary food
establishment, then a separate permit shall be
required for each separate operation.
4. If a food establishment is required to install a grease
trap or grease interceptor, the trap or interceptor
shall be located outside.
5. Sealed concrete is not acceptable as a floor surface
for food preparation areas, utensil washing areas,
walk-in refrigeration units, dressing rooms, locker
rooms, toilet rooms, and vestibules.
6. 25 TEX. ADMIN. CODE §229.165(f)(24) of the Rules,
Food equipment certification, classification,
acceptability, is amended to delete: "Food
equipment that is certified or classified for
sanitation by an American National Standards
Institute (ANSI) accredited certification program
will be deemed to comply with subsections (a)-(f)
of this section," and substitute therefore: ~'Food
equipment installed in an establishment after the
adoption of these rules, and food equipment in new
or extensively remodeled establishments shall be of
National Sanitation Foundation or equivalent
approval. Any other equipment is subject to
approval by the Coppell Environmental Health
Department."
2 SS24371
B. PERMIT REQUIRED
1. It shall be unlawful for any person to operate a food
establishment within the limits of the City of
Coppell without having been issued a valid Food
Permit. Only a person who complies with the
requirements in this Article shall be entitled to
receive or retain a permit, and not withstanding the
fact that all inspections necessary for obtaining a
food permit have been completed, such permit shall
not be issued until after the building in which the
establishment is to be located has been issued a
Certificate of Occupancy by the City of Coppell.
Permits are not transferable from one person to
another person or place. A valid permit shall be
posted in or on a conspicuous place of every food
establishment regulated by this ordinance. Permits
shall remain in effect for twelve (12) months from
the date of issuance unless sooner revoked for
cause. If the permit is granted to a temporary food
establishment, the permit shall be in effect for a
period of time not exceeding fourteen (14)
consecutive days in conjunction with a single event
or celebration.
2. A food establishment operated solely by a nonprofit
organization is exempt from the permit
requirements of this Article, but is not exempt from
compliance with the Rules on Food Service
Sanitation. The CEHD may require any
information necessary to determine whether an
organization is nonprofit for purposes of this
exemption.
C. ISSUANCE OF PERMITS
1. Any person desiring to operate a food establishment
shall make written application for a permit on a
form provided by the CEHD. The application shall
include the name and address of each applicant, the
location and type of food establishment and the
signature of the applicant. An application for a
temporary food establishment shall include the
inclusive dates of the proposed operation.
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2. The application shall be accompanied by a
nonrefundable permit fee established by resolution
of the City Council from time to time. Such fee
shall cover the cost of routine inspections made
during the twelve month period following the date
of permit issuance.
Sec. 6-8-3 CERTIFIED FOOD PROTECTION MANAGER
A. 25 TEX. ADMIN. CODE §229.163(b) of the Rules,
Knowledge, demonstration, is amended to delete "or", and
substitute therefore "and".
B. Every food establishment that has employees whose work
brings them in contact with the handling of food, utensils,
or food service equipment shall have a Certified Food
Protection Manager.
1. A Certified Food Protection Manager is a manager
or person in charge, on duty during all times of
operation. who has completed a Food Protection
Management Class from any accredited institution
or firm of their choice as accredited by the Texas
Department of Health.
2. Food establishments that serve, sell, or distribute
only prepackaged ibods and non-potentially
hazardous beverages, and temporary food
establishments are exempt from this section.
3. A Certified Food Protection Manager is required for
each separately permitted section of each food
establishment. The CEHD may require additional
certified operators in sufficient number to insure
that all areas of food preparation and food service,
during times of operation, are under the direction of
certified supervisory personnel.
4. If a food establishment does not meet the
requirements for a Certified Food Protection
Manager because of the termination or transfer of
certified personnel, the food establishment shall
employ another Certified Food Protection Manager
4 SS24371
within forty-five (45) days after such termination or
transfer.
5. Food Protection Management Certification shall be
valid for not less than three (3) years at which time
an approved Food Protection Re-Certification class
must be completed. Recertification shall be
completed within forty-five (45) days after the
expiration of the original certification, and every
three (3) years thereafter.
D. SUBMISSION AND REVIEW OF PLANS
1. Whenever a food establishment is constructed or
extensively remodeled and whenever an existing
structure is converted to use as a food
establishment, properly prepared plans and
specifications for such construction, remodeling, or
conversion shall be submitted to the CEHD for
review and approval before construction,
remodeling or conversion is commenced. The plans
and specifications shall include a proposed menu,
proposed layout, equipment arrangement,
mechanical plans and construction materials of
work areas, and the type and model of proposed
fixed equipment and facilities. No food
establishment shall be constructed, extensively
remodeled, or converted except in accordance with
said approved plans and specifications.
2. Deviation from the approved plans and
specifications shall result in a food establishment
permit denial, suspension, or revocation.
E. INSPECTIONS
1. The CEHD shall inspect the food establishment
prior to the issuance of the food establishment
permit to determine compliance with any approved
plans and specifications, compliance with other
requirements of this Article and shall determine that
a Certificate of Occupancy has been issued for the
building in which the establishment is to be located.
Upon making such findings the food establishment
permit may be issued subject to annual renewal,
5 SS24371
continued compliance with the provisions of this
Article, and the existence of a valid Certificate of
Occupancy for the building in which the
establishment is located.
2. The CEHD shall conduct periodic routine
inspections to determine if a food establishment is
in compliance with the Rules. If during a routine
inspection, immediate correction of a critical item is
not achieved, the CEHD shall verify correction of
the violation within ten (10) calendar days. If a
critical item is not corrected during the initial
inspection, a reinspection fee, established by
resolution of the City Cotmcil from time to time,
shall be assessed at the follow up inspection.
3. When the total cumulative demerit value of an
establishment exceeds 30 demerits, the
establishment shall immediately cease operations.
The establishment shall remain closed until
corrective action on all identified critical violations
is complete. Corrective action on all other
violations must be initiated within forty-eight (48)
hours. The establishment shall remain closed until
reopened by the CEHD.
4. Denial of access to CEHD shall be cause for
suspension or revocation of the Food Service
Permit.
Sec. 6-8-4 SUSPENSION OF A FOOD PERMIT
A. The City may, without warning, notice, or hearing suspend
any permit to operate a food establishment if the holder of
such permit does not comply with the requirements of this
Article, or the operation of its establishment does not
comply with the requirements set forth herein, or, if the
operation of the food establishment otherwise constitutes a
substantial hazard to public health. Suspension is effective
upon service of the notice. When a permit is suspended,
food service operations shall immediately cease. Whenever
a permit is suspended the holder thereof shall be afforded
an opportunity for a hearing within twenty (20) days after
receipt of a written request for hearing.
6 SS24371
B. Whenever a permit is suspended, the holder thereof or the
person in charge shall be notified in writing that an
opportunity for a hearing shall be provided if a written
request for hearing is filed with the CEHD within ten (10)
days after receipt of notice. If no written request for
hearing is filed within a ten (10) day period, the suspension
is sustained. The CEHD may terminate the suspension at
any time if reasons for suspension no longer exist.
Sec. 6-8-5 REVOCATION OF A FOOD PERMIT
A. The CEHD may, after providing opportunity for hearing,
revoke a permit for serious or repeated violations of any of
the requirements of this Article or for interference with the
regulatory authority in the performance of its duties.
B. Prior to revocation, the CEHD shall notify, in writing, the
holder of the permit or the person in charge, of the specific
reason(s) for which the permit is to be revoked and that the
permit shall be revoked at the end of the ten (10) days after
service of such notice unless a written request for hearing is
filed within the ten (10) day period. If no request for
hearing is filed within the ten (10) day period, the
revocation of the permit becomes final.
C. The holder of the revoked permit may make written
application for a new permit.
Sec. 6-8-6 EXAMINATION AND CONDEMNATION OF FOOD
A. An officer of the CEHD shall tag, label, or otherwise
identify any food subject to a hold order. No food subject
to a hold order shall be used, served, or moved from the
establistunent. The CEHD~s hold order shall permit storage
of the food under the conditions specified in the hold order,
unless storage is not possible without risk to the public
health, in which case immediate destruction shall be
ordered and accomplished.
B. A hold order shall state that a request lbr hearing may be
filed within ten (10) days after issuance thereof and that if
no hearing is requested the food shall be destroyed. On the
basis of evidence produced at that hearing, the hold order
may be vacated, or the owner or person in charge of the
food may be directed by written order to denature or
7 SS2437|
destroy such food or to bring it into compliance with the
provisions of this Article."
Sec. 6-8-7 HEARINGS
The hearings provided for in this Article shall be conducted by the
City Manager at a time and place designated by the CEHD.
Testimony given at a hearing shall be recorded verbatim. The City
Manager shall make a final finding based upon the complete
record, and shall sustain, modify or rescind any notice or order
considered in the hearing. The CEHD Officer shall furnish a
written report of the hearing decision to the holder of the permit.
Sec. 6-8-8 NOTICE FOR HEARINGS
A notice provided for in this Article is properly served when it is
delivered to the holder of the permit or the person in charge, or
when it is sent by registered or certified mail, return receipt
requested, to the last known address of the holder of the permit.
SECTION 2. Should any word, sentence, paragraph, subdivision, clause, phrase or section
of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void
or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance
or the Code of Ordinances, as amended hereby, which shall remain in full force and effect.
SECTION 3. All provisions of the Code of Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 4. An ofl~nse committed before the effective date of this ordinance is governed
by the prior law and the provisions of the Code of Ordinances, as amended, in effect when the
ofl~nse was committed and the former law is continued in effect for this purpose.
SECTION 5. Any person, firm or corporation violating any of the provisions of this
ordinance or of the Code of Ordinances, as axnended hereby, shall be deemed guilty of a
misdemeanor and, upon conviction in the municipal court of the City of Coppell, Texas, shall be
8 SS24371
subject to a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense; and
each and every day said violation is continued shall constitute a separate oftbnse.
SECTION 6. This ordinance shall take efIbct immediately from and after its passage and
the publication of the caption as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, ther~'27'llday of
/~) r ,' } ,1999.
CANDY SHEE~N, MAYOR
ATTEST:
APPROVED AS TO FORM:
PETER G. SMITH, CITY ATTORNEY
(PGS/ttl March 17, 1999)
9 SS24371
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Texas Deparhnent o1' Ilealffi
BUreau of FoOd and Drug Safety
Retail Foods Division
Courtesy of
TDH
Texas Department of Health
Public Health Regions 2 and 3
Environmental and Consumer Health Protection
Texas Food Establishment Rules
25 TAC §§229.161 - 229.171,229.173 - 229.175
Texas Department of Health
Bureau of Food and Drug Safety
Retail Foods Division
1100 West 49th Street
Austin, Texas 78756-3199
Effective Date: October 6, 1998
TABLE OF CONTENTS
§229. 161 Purpose ........................................................... _1
§229.162 Definitions ....................................................... 1
§229.163 Management and Personnel ........................................... 14
(a) Responsibility, assignment ........................................ 14
(b) Knowledge, demonstration ...................................... 1,_~4
(c) Duties, person in charge ...................................... 16
(d) Disease or medical condition .................................... 17
(e) Hands and arms .............................................. 21
(f) Fingernails, maintenance .......................................... 23
(g) Jewelry, prohibition ............................................. 24
(h) Outer clothing, clean condition ..................................... 24
(i) Food contamination prevention ..................................... 24
(j) Hair restraints, effectiveness ....................................... 2,4
(k) Animals, handling prohibition ..................................... 2._~5
§229.164 Food ............................................................ 2~6
(a) Condition safe, unadulterated, and honestly presented ....................
(b) Approved sources ...............................................
(c) Specifications for receiving ........................................ 28
(d) Original containers and records ..................................... 30
(e) Preventing contamination by employees .............................. 3._L
(f) Preventing food and ingredient contamination .......................... 32
(g) Preventing contamination from ice used as a coolant ..................... 35
(h) Preventing contamination from equipment, utensils, wiping cloths, and linens . . 35
(i) Preventing contamination from the premises ........................... 38
(j) Preventing contamination by consumers ............................ 39
(k) Cooking ...................................................... 41
(1) Freezing ...................................................... 42
(m) Reheating ..................................................... 43
(n) Time and temperature control ...................................... 44
(o) Specialized processing methods .................................... 51
(p) Food identity and accurate representation ............................. 53
(q) Labeling ................................... 53
(r) Consumer advisory .................................... 55
(s) Disposition, contaminated food ..................................... 55
(t) Donation of foods ..................................... 56
(u) Additional safeguards, requirements for food establishments serving highly
susceptible populations ......................... 57
§229.165 Equipment, Utensils, and Linens ....................................... 5._~8
(a) Multiuse materials ............................................... 5_~8
(b) Single-service and single-use, characteristics ........................... 6_9.0
(c ) Durability and strength .......................................... 6_9_0
(d) Cleanability .................................................... 6._Q0
(e) Accuracy of temperature measuring devices ........................... 6.!2
(f) Functionality of equipment ....................................... 6__3
(g) Equipment, numbers and capacities .................................. 6._~9
(h) Utensils, temperature measuring devices, and testing devices ............. 7._!.1
(i) Location of equipment, clothes washers and dryers, and storage cabinets .... 7._[l
(j ) Installation, fixed equipment ................ 7.!2
(k) Equipment, maintenance and operation ............................. 7_~3
(1) Utensils and temperature measuring devices ........................... 7_27
(m) Cleaning of equipment and utensils ................................. 7~8
(n) Frequency of cleaning ...................... 7.~8
(o) Methods of cleaning ....................... 8_!.l
(p) Sanitization, food-contact surfaces and utensils ......................... 8_A4
(q) Sanitization frequency, before use after cleaning ........................
(r) Sanifization methods, hot water and chemical .......................... 8.~4
(s) Laundering, clean linens .................... 8_A4
(t) Laundering, frequency ..................... 8__~4
(u) Laundering, methods ........................... 8__~5
(v) Drying, equipment and utensils ...................... 8__.!6
(w) Lubricating and reassembling of food-contact surfaces, equipment .......... 8_~6
(x) Storage 8._~6
(y) Handling of utensils, single-service articles ............................ 8_27
§229. 166 Water, Plumbing, and Waste ............. 8_9_9
(a) Water source . 8_29
(b) Water quality standards ............
(c) Water quanlity and availability 9._Q0
(d) Water distribution, delivery, and retention systems ...................... 90
(e) Plumbing systems, approved materials ..................... 9_!1
(f) Plumbing design, construction, and installation ................... 91
(g) Plumbing, numbers and capacities 92
(h) Plumbing, location and placement ............ 92
(i) Plumbing, operation and maintenance .... 93
O) Sewage retention, drainage, and delivery ...... 94
(k) Disposal facility ............................................... 95
(I) Storage facilities on the premises .. 95
(m) Refuse removal ................................................. 98
(n) Facilities for disposal and recycling, community or individual facility ..... 99
§229.167 Physical Facilities ................................................. .!00
(a) Indoor areas, surface characteristics ................................ 100
(b) Outdoor areas, surface characteristics ............................... 100
(c) Floors, walls, and ceilings ........................................ 100
(d) Functionality ................................................. 102
(e) Handwashing lavatories ........................................ 104
(t') Toilets and urinals ............................................ 105
(g) Lighting, intensity .............................................. 105
(h) Ventilation, mechanical ...................................... 105
(i) Dressing areas and lockers, designation ........................... I06
(j) Service sinks, availability ........................................ 106
(k) Handwashing lavatories, conveniently located ......................... 106
(1) Toilet rooms, convenience and accessibility .......................... 106
(m) Employee accommodations, designated areas ......................... 106
(n) Distressed merchandise, segregation and location ...................... 106
(o) Receptacles, waste handling units, and designated storage areas ........... 106
(p) Premises, buildings, systems, rooms, fixtures, equipment, devices, and
materials ............................................... 106
§229.168 Poisonous or Toxic Materials ........................................ l 11
(a) Original containers, identifying information, prominence ................. I 11
(b) Working containers, common name ................................ 111
(c) Storage, separation ............................................ 11 l
(d) Presence and use .............................................. 111
(e) Container prohibi.tions, poisonous or toxic material containers ............ 112
(O Chemicals .................................................... 112
(g) Lubricants, incidental food contact, criteria ........................... 113
(h) Pesticicles .................................................... 113
(i) Medicines .................................................... 114
(j) First aid supplies, storage ........................................ 114
(k) Otfier personal care items, storage ................................. 114
(1) Storage and display, separation .................................... 115
§229.169 Mobile Food Establishments ......................................... 116
(a) Mobile food establishment provisions ............................... 116
(b) Central preparation facility ....................................... 119
(c) Servicing area and operations ..................................... 119
§229.170 Temporary Food Establishments ...................................... 121
(a) General .................................................... 121
(b) Food temperatures ........................................... 121
(c) Ice ......................................................... 121
(d) Equipment ................................................... 121
(e) Single-service articles ........................................... 121
(f) Water ....................................................... 121
(g) Wet storage ................................................. 122
· (h) Sewage .................................................. 122
(i) Handwashing ................................................ 122
(j) Floors ...................................................... 122
(k) Ceilings and outer openings of food preparation areas ................. 122
§229.171 Compliance and Enforcement ....................................... 123
(a) Use for intended purpose, public health protection .............. 123
(b) Additional requirements, preventing health hazards, provision for
conditions not addressed .................................. 123
(c) Variances ................................................... 123
(d) HACCP plan requirements .................................... 124
(e) Confidentiality, trade secrets .................................... 126
(f) Permit requirement, prerequisite for operation ....................... 126
(g) Conditions of permit retention, responsibilities of the permit holder ...... 126
(h) Inspection frequency, performance-based and risk-based ................. 127
(i) Access ...................................................... 127
O) Report of findings .............................................. 128
(k) Imminent health hazards ......................................... i29
(1) Critical violations, time frame for corrections ......................... 130
(m) Other violations, time frame for corrections .......................... 13 1
(n) Examination and detention of food ................................. 13 1
(o) Investigation and control ........................................ 13 1
(p) Reporting of communicable diseases ............................. I33
(q) Food establishment inspector qualifications .......................... 133
§229.173 Heimlich Maneuver Poster ........................................ 135
(a) Purpose ..................................................... 135
(b) Placement ............. ; ...................................... 135
(c) Implementation date ............................................ 135
(d) Specifications ................................................ 135
(e) Camera ready copies ............................................ 135
§229. 174 Bed and Breakfast Extended Establishments ............................. 136
(a) General ...................................................... 136
(b) Food supplies ................................................ 136
(c) Food preparation and protection ................................. 136
(d) Cleaning and sanitizing .......................................... 136
(e) Personal hygiene ............................................... 136
(f) Employee restrooms ........................................... 136
(g) Equipment and utensil design and construction ........................ 136
(h) Handsinks .................................................... 136
(i) Food-contact surfaces ........................................... 137
O) Insect proof/rodent proof ........................................ 137
(k) Equipment ................................................... 137
(1) Garbage receptacles ............................................ 137
(m) Sewage ..................................................... 137
(n) Water supply ................................................. 137
8229.175 Outfitter Operations ............................................... 138
(a) General ...................................................... 138
(b) Food supplies ................................................ 138
(c) Food temperatures ............................................. 138
(d) Warewashing ................................................. 138
(e) Ice usage .................................................... 138
(O Potable water ................................................. 138 '
(g) Handwashing lavatory .............. : ........................... 138
(h) Equipment. .................................................. 138
Figure 1:25 TAC §229.164(k)(1)(A)(ii) ....................................... 139
Figure 2:25 TAC §229.164(k)(1)(B)(i) ....................................... 140
Figure 3: 25 TAC 8229.164(k)( l )(B)(ii) ........................................ 141
Figure 1:25 TAC §229.165(a)(3) ............................................. 142
Figure 2:25 TAC §229.165(k)(14)(A) ........................................ 143
Figure I: 25 TAC 8229. 1710)(6) ........................................... 144
(SEE ANNEX FOR NUMERICALLY SEQUENTIAL INDEX BY PARAGRAPH)
TEXAS ADMINISTRATIVE CODE FORMAT
229.161 - Section
(a) Subsection
( 1 ) P aragrap h
(A) Subparagraph
(i) Clause
(I) Subclause
TEXAS FOOD ESTABLISHMENT RULES
§§229.161 - 229.171,229.173 - 229.175
§229.161 Purpose. The purpose of these rules is to safeguard public health and provide to
consumers food that is safe, unadulterated, and honestly presented.
§229.162 Definitions. The following words and terms, when used in this chapter, shall have the
following meanings unless the context clearly indicates otherwise:
( 1 ) Additive-
(A) Food additive is a substance which affects the characteristics of any
food as specified in the Texas Health and Safety Code, Chapter 431, §43 1.002(17).
(B) Color additive is any material imparting color to a food as stated in the
Texas Health and Safety Code, Chapter 43 t, §431.002(6).
(2) Adulterated food - A food containing any poisonous or deleterious substance as
specified in the Texas Health and Safety Code, Chapter 431, §43 1.081.
(3) Approved - Acceptable to the regulatory authority based on a determination of
conformity with principles, practices, and generally recognized standards that protect public health.
(4) Bed & Breakfast -
(A) Bed & Breakfast Limited means:
(i) an establishment with seven or fewer rooms for rent:
(ii) that serves only breakfast to overnight guests;
(iii) the establishment is not a retail food establishment; and
(iv) the owner or manager shall successfully complete a food manager' s
certification course accredited by the department.
(B) Bed & Breakfast Extended means:
(i) an establishment with more than seven rooms for rent: or
1}229.162(5} §229.162(11}
(ii) that provides food service other than breakfast to overnight guests;
and
(iii) the establishment must meet the specific requirements as outlined
in §229.174 of this title (relating to Bed and Breakfast Extended Establishments).
(C) Bed & Breakfast Food Establishment means:
(i) an establishment that provides food service other than to its
overnight guests~ and
(ii) the establishment must meet the roles and regulations applicable
to retail food establishments
(5) Beverage - A liquid for drinking, including water.
(6) Bottled drinking water - Water from an approved source that is sealed in bottles,
packages, or other containers and offered for sale for human consumption, including bottled mineral
water
(7) Certification number - A unique combination of letters and numbers assigned by a
shellfish control authority to a molluscan shellfish dealer according to the provisions of the National
Shellfish Sanitation Program.
(8) Child care center - Any facility licensed by the regulator3, authority to receive 13 or
more children for child care which prepares food for on-site consumption.
(9) Cleaned in place (CIP) - The circulation or flowing by mechanical means through a
piping system of a detergent solution, water rinse, and sanitizing solution onto or over equipment
surfaces that require cleaning, such as the method used, in part, to clean and sanitize a frozen dessert
machine. The term does not include the cleaning of equipment such as band saws, slicers or mixers
that are subjected to in-place manual cleaning without the use of a CIP system.
(10) Code of Federal Regulations (CFR) - The compilation of the general and permanent
rules published in the Federal Register by the executive departments and agencies of the Federal
government. Citations in these Rules to the CFR refer sequentially to the title, part, and section
numbers, such as 21 CFR 178.1010 refers to Title 21, Part 178, §1010.
(11) Comminuted - Reduced in size by methods including chopping, flaking, grinding, or
mincing. The term includes fish or meat products that are reduced in size and restructured or
reformulated such as gefilte fish, gyros, ground beef, and sausage; and a mixture of two or more
2
~229.162( 12~ ~$229.162(21 ~
types of meat that have been reduced in size and combined, such as sausages made from two or more
meats.
(12) Common dining area - A central location in a group residence where people gather
to eat at mealtime. The term does not apply to a kitchenette or dining area Iocated within a resident's
private living quarters.
(13) Confirmed disease outbreak - A foodborne disease outbreak in which laboratory
analysis of appropriate specimens identifies a causative organism and epidemiological analysis
impIicates the food as the source of the illness.
(14) Consumer - A person who is a member of the public, takes possession of food, is not
functioning in the capacity of an operator of a food establishment or food processing plant, and does
not offer the food for resale.
( 15 ) Corrosion-resistant material - A material that maintains acceptable surface cleanability
characteristics under prolonged influence of the food to be contacted, the normal use of cleaning
compounds and sanitizing solutions, and other conditions of the use environment.
(16) Critical control point - A point or procedure in a specific food system where loss of
control may result in an unacceptable health risk.
(17) Critical item - A provision of these rules that, if in noncompliance, is more hkely than
other violations to contribute to food contamination, illness, injury, or environmental health hazard.
(18) Critical limit - The maximum or minimum value to which a physical, biological, or
chemical parameter must be controlled at a critical control point to minimize the risk that the
identified food safety hazard may occur.
(19) Department - The Texas Department of Health.
(20) Drinking water - Water that meets 30 TAC §290.101 -§290.121 relating to (Drinking
Water Standards Governing Drinking Water Quality and Reporting Requirements for Public Water
Supply Systems). The term is traditionally known as "potable water" and includes the term "water"
except where the term used connotes that the water is not potable, such as "boiler water," "mop
water," "rainwater," "wastewater," and "nondrinking" water.
(21) Dry storage area - A room or area designated for the storage of packaged or
contalnerized bulk food that is not potentially hazardous and dry goods such as sin~e-service items.
§229.162(22) l~229.162(30}
(22) Easily cleanable - A characteristic of a surface that allows effective removal of soil by
normal cleaning methods; is dependent on the material, design, construction, and installation of the
surface~ and varies with the Iikelihood of the surface's role in introducing pathogenic or toxigenic
agents or other contaminants into food based on the surface's approved placement, purpose, and use
(23) Easily movable - Weighing 14 kg (30 pounds) or less; mounted on casters, gliders, or
rollers; or provided with a mechanical means requiring no more than 14 kg (30 pounds) of force to
safely tilt a unit of equipment fiDr cleaning; and having no utility connection, a utility connection that
disconnects quickly, or a flexible utility connection line of sufficient length to allo~v the equipment
to be moved for cleaning of the equipment and adjacent area.
(24) Employee - The permit holder, person in charge, person having supervisory or
management duties, person on the payroll, family member, volunteer, person performing ~vork under
contractual agreement, or other person working in a food establishment.
(25) EPA - The U.S. Environmental Protection Agency.
(26) Equipment - An article that is used in the operation of a food establishment such as
a freezer, ~inder, hood, ice maker, meat block, mixer, oven, reach-in refrigerator, scale, sink, slicer,
stove, table, temperature measuring device for ambient air, vending machine, or warewashing
machine. The term does not include items used for handling or storing large quantities of packaged
foods that are received from a supplier in a cased or over wrapped lot, such as hand tracks, forklifts,
dollies, pallets, racks, and skids.
(27) Exotic animal - Member of a species of game not indigenous to this state including
axis deer, nilga antelope, red sheep, or other cloven-hoofed ruminant animals. Exotic animals are
considered livestock as defined in these rules and are amenable to inspection under Texas Health and
Safety Code, Chapter 433, §433.035 (Inspection and Other Regulation of Exotic Animals in
Interstate Commerce).
(28) Fish - Fresh or saltwater finfish, crustaceans and other forms of aquatic life (including
alligator, frog, aquatic tun/e, jellyfish, sea cucumber, and sea urchin and the roe of such animals)
other than birds or mammals, and all mollusks, if such animal life is intended for human consumption.
The term includes an edible human food product derived in whole or in part from fish, including fish
that have been processed in any manner.
(29) Food - A raw, cooked, or processed edible substance, ice, beverage, or ingredient used
or intended for use or for sale in whole or in part for human consumption, or chewing gum.
(30) Foodborne disease outbreak - An incident in which two or more persons experience
.~229.162(31} ~229.162(35}
a similar illness after ingestion of a common food, and epidemiological analysis implicates the food
as the source of the illness; except that in cases ofbotulism or chemical poisoning, one ill person shall
constitute an outbreak.
(31 ) Food-contact surface - A surface of equipment or a utensil with which food normally
comes into contact~ or a surface of equipment or a utensil from which food may dralnl drip, or splash
into a food, or onto a surface normally in contact with food~
(32) Food employee - An individual working with unpackaged food, food equipment or
utensils, or food-contact surfaces
(33) Food establishment - An operation that stores, prepares, packages, serves, or
otherwise provides food for human consumption such as: a food sep/ice establishment; retail food
store; satellite or catered feeding location; catering operation; if the operation provides food directly
to a consumer or to a conveyance used to transport people; market; remote catered operations;
conveyance used to transport people; institution; or food bank; and that relinquishes possession of
food to a consumer direcfiy, or indirectly through a delivery service such as home delivery of grocery
orders or restaurant takeout orders, or delivery service that is provided by common carriers.
(A) The term includes an element of the operation such as a transportation vehicle
or a central preparation facility that supplies a vending location or satellite feeding location unless the
vending or feeding location is permitted by the regulatory authority; a restaurant; a grocery store; an
operation that is conducted in a mobile, roadside, stationary, temporary, or permanent facility or
location; group residence; outfitter operations; bed and breakfast extended and bed and breakfast
food establishments; where consumption is on or off the premises; and regardless of whether there
is a charge for the food.
(B) The term does not include: an establishment that offers only prepackaged
foods that are not potentially hazardous; a produce stand that only offers whole, uncut fresh fruits
and vegetables; a food processing plant; a kitchen in a private home if only food that is not potentially
hazardous is prepared for sale or service at a function, such as a religious or charitable organization's
bake sale; a Bed and Breakfast Limited facility as defined in these roles; or a private home.
(34) Food processing plant - A commemial operation that manufactures, packages, labels,
or stores food for human consumption and does not provide food directly to a consumer. The term
does not include a food establishment as previously defined.
(35) Game animal - An animal, the products of which are food, that is not classified as
livestock or fish as defined in these mles~ The term includes animals such as wild rabbit, squirrel,
1~229.162~:t6) 8229.1621'44}
opossum, nutria, muskrat, and nonaquatic reptiles such as rattlesnake.
(36) General use pesticide ~ A pesticide that is not classified by the U.S. Environmental
Protection Agency (EPA) for restricted use as specified in 40 CFR 152.175.
(37) Grade A standards - The requirements of the U.S. Public Health Service/Food and
Drug Administration CUSPHS/FDA) "Grade A Pasteurized Milk Ordinance" and "Grade A
Condensed and D~ Milk Products and Condensed and Dry Whey" with which certain fluid and dry'
milk and milk products must comply.
(38) Group residence - A private or public housing corporation or institutional facilit,,' that
provides living quarters and meals. The term includes a domicile for unrelated persons such as a
retirement home, correctional facility, or a long-term health care facility.
(39) Hazard - A biological, chemical, or physical property that may cause an unacceptable
consumer health risk.
(40) Hazard Analysis Critical Control Point CrlACCP) - A rational, systematic approach
that identifies and monitors specific foodborne hazards (biological, chemical, or physical) that may
adversely affect the safety of the food product. This system utilizes the HACCP Principles as defined
by the National Advisory Committee on Microbiological Criteria for Foods (NACMCF), 1992, or
its successor document.
(41) Hazard Analysis Critical Control Point (HACCP) plan - A written document that
delineates the formal procedures for following the HACCP principles developed by The National
Advisory Committee on Microbiological Criteria for Foods.
(42) Hermetically sealed container - A container that is designed and intended to be secure
against the entry of microorganisms and, in the case of low acid canned foods, to maintain the
commercial sterility of its contents alter processing.
(43) Highly susceptible population - A group of persons who are more likely than other
populations to experience foodborne disease because they are immunocompromised or older adults;
and in a facility that provides health care or assisted living services, such as a hospital or nursing
home; or preschool age children in a facility that provides custodial care, such as a child care center.
(44) Imminent health hazard - A significant threat or danger to health that is considered to
exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates
a situation that requires immediate correction or cessation of operation to prevent injury
based on the number of potential injuries and the nature, severity, and duration of the anticipated
§229.162(45) §229.162{55}
injury.
(45) Injected - Manipulating a meat so that infectious or toxigenic microorganisms may be
introduced from its surface to its interior through tenderizing with deep penetration or injecting the
meat such as with juices which may be referred to as "injecting," "pinning," or "stitch pumping."
(46) Kitchenware - Food preparation and storage utensils.
(47) La~v - Applicable local, state, and federal statutes, regulations, and ordinances.
(48) Linens - Fabric items such as cloth hampers, cloth napkins, table cloths, ~iping cloths,
and work garments including cloth gloves.
(49) Livestock - Cattle, sheep, swine, goats, horses, mules, other equine, poultry,
domesticated rabbits, exotic animals, and domesticated birds. Livestock are amenable to inspection.
(50) Meat - The flesh of animals used as food including the dressed flesh of cattle, swine,
sheep, or goats and other edible animals, except fish, poultry, exotic animals as specified in
§229.164(b)(7)(A)(ii) and (iii) and game animals as specified in §229.164Co)(7)(C)(ii) and (iii) of this
title (relating to Food) that is offered for human consumption.
(5 t) Mobile food establishment - A vehicle mounted food establishment designed to be
readily moveable.
(52) Milligrams per liter (rag/L) - Ihe metric equivalent of parts per million (ppm).
(53) Molluscan shellfish - Any edible species of fresh orfrozen oysters, clams, mussels, and
scallops or edible portions thereof, except when the scallop product consists only of the shucked
adductor muscle.
(54) Outfitter operation - Any operations such as trail rides or river raft trips where food
is offered to patrons and which operates out of a central preparation location or food establishment.
(55) Packaged - Bottled, canned, cartoned, securely bagged, or securely wrapped, whether
packaged in a food establishment or a food processing plant. The term does not include a wrapper,
carry-out box, or other nondurab le container used to containeri ze food with the purpose of facilitating
food protection during service and receipt of the food by the consumer
~229.162(56) 1~229.162(65}
(56) Permit - The document issued by the regulatory authority that authorizes a person to
operate a food establishment.
(57) Permit holder - The entity that is legally responsible for the operation of the food
establishment such as the owner, the owner's agent, or other person; and who possesses a valid permit
to operate a food establishment.
(58) Person - An association, corporation, individual, partnership, other legal entity,
government, or governmental subdivision or agency.
(59) Person in charge - The individual present at a food establishment who is responsible
for the operation at the time of inspection.
(60) Personal care items - Items or substances that may be poisonous, toxic, or a source
of contamination and are used to maintain or enhance a person's health, hygiene, or appearance. The
term includes items such as medicines; first aid supplies; and other items such as cosmetics, and
toiletries such as toothpaste and mouthwash.
(61 ) ~'pH" - the symbol for the negative logarithm of the hydrogen ion concentration, which
is a measure of the degree of acidity or alkalinity of a solution. Values between 0 and 7 indicate
acidity and values between 7 and 14 indicate alkalinity. The value for pure distilled water is 7, which
is considered neutral.
(62) Physical facilities - The structure and interior surfaces of a food establishment
including accessories such as soap and towel dispensers and attachments such as light fixtures and
heating or air conditioning system vents.
(63) Plumbingfixture-Areceptacleordevicethatispermanentlyortemporarilyconnected
to the water distribution system of the premises and demands a supply of water from the system; or
discharges used water, waste materials, or sewage directly or indirectly to the drainage system of the
premises.
(64) Plumbing system - The water supply and distribution pipes; plumbing fixtures and
traps; soil, waste, and vent pipes; sanitary and storm sewers and building drains, including their
respective connections, devices, and appurtenances within the premises; and water-treating
equipment.
(65) Poisonous or toxic materials - Substances that are not intended for ingestion and are
included in four categories:
(A) Cleaners and sanitizers, which include cleaning and sanitizing agents and
~229.162(66) ~229.162~67}
agents such as caustics, acids, drying agents, polishes, and other chemicals;
(B) Pesticides, which include substances such as insecticides and rodenticides;
(C) Substances necessary for the operation and maintenance of the establishment
such as nonfood grade lubricants and personal care items that may be deleterious to health; and
(D) Substances that are not necessary for the operation and maintenance of the
establishment and are on the premises for retail sale, such as petroleum products and paints.
(66) Potentially hazardous food - A food that is natural or synthetic and that requires
temperature control because it is in a form capable of supporting the rapid and progressive growth
of infectious or toxigenic microorganisms; the grow~ and toxin production of Clostridium
botulimtm; or in raw shell eggs, the growth of Salmot~ella enteritidis.
(A) The term includes an animal food (a food of animal origin) that is raw
or heat-treated; a food of plant origin that is heat-treated or consists of raw seed sprouts; cut melons;
and garlic and oil mixtures that are not acidified or otherwise modified at a food processing plant in
a way that results in mixtures that do not support growth as specified in this definitiom
(B) The term does not include an air-cooled hard-boiled egg with shell
intact: a food with a water activity (a~) value of 085 or less; a food with a pH level of 4 6 or below
when measured at 24 degrees Celsius (75 degrees Fahrenheit); and a food, in an unopened
hermetically sealed container, that is commercially processed to achieve and maintain commercial
sterility under conditions of nonrefrigerated storage and distribution. The term also does not include
a food for which laboratory evidence demonstrates that the rapid and progressive growth of infectious
or toxigenic microorganisms or the growth of X enteritidis in eggs or C. botulinum cannot occur,
such as a food that has an a~ and a pH that are above the levels specified above and that may contain
a preservative, other barrier to the growth of microorganisms, or a combination of barriers that inhibit
the growth of microorganisms. The term also does not include a food that may contain an infectious
or toxigenic microorganism or chemical or physical contaminant at a level sufficient to cause illness,
but that does not support the growth of microorganisms as specified in the definition of a potentially
hazardous food.
(67) Poultry - Any domesticated bird whether live or dead as defined in the Texas Health
and Safety Code. Chapter 433, §433.003. Chickens, turkeys, ducks, geese, guineas, migratory
waterfowl, game bird or squab such as pheasant, partridge, quail, and grouse, whether live or dead
are examples of poultry. The term also includes ratites (eg, ostrich, emu, and rhea) which are
amenable to inspection as poultry.
1i229.162(68} l~229.162{76}
(68) Premises - The physical facility, its contents, and the contiguous land or property
under the control of the permit holder; or the physical facility, its contents, and the contiguous land
or property and its facilities and contents that are under the control of the permit holder that may
impact food establishment personnel, facilities, or operations, if a food establishment is only one
component of a larger operation such as a health care facility, hotel, motel, school, recreational camp,
or prison.
(69) Primal cut - A basic major cut into which carcasses and sides of meat are separated,
such as a beef round, pork loin, lamb flank or veal breast.
(70) Public water system - Has the meaning stated in 30 TAC §290101-§290.121 relating
to (Drinking Water Standards Governing Drinking Water Quality and Reporting Requirements for
Public Water Supply Systems)
(71) Pushcart - A non self*propelled mobile food unit limited to serving nonpotentially
hazardous food or potentially hazardous foods requiring a limited mount of preparation as
authorized by the regulatory authority. A push cart is classified as a mobile food establishment.
(72) Ready-to-eat food - Food that is in a form that is edible without washing, cooking,
or additional preparation by the food establishment or the consumer and that is reasonably expected
to be consumed in that form. The term includes unpackaged potentially hazardous food that is
cooked to the temperature and time required for the specific food under §229 164(k) of this title
(relating to Food); raw, washed, cut fruits and vegetables; whole, raw, fruits and vegetables that are
presented for consumption without the need for further washing, such as at a buffet; and other food
presented for consumption for which further washing or cooking is not required and from which
rinds, peels, husks, or shells are removed.
(73) Reduced oxygen packaging - The reduction of the amount of oxygen in a package by
mechanically evacuating the oxygen; displacing the oxygen with another gas or combination of gases;
or otherwise con~'olling the oxygen content in a package to a level below that normally found in the
surrounding atmosphere, which is 21% oxygen. The term includes methods that may be referred to
as altered atmosphere, modified atmosphere, controlled atmosphere, low oxygen, and vacuum
packaging including sous vide.
(74) Refuse - Solid waste not carried by water through the sewage system.
(75) Regulatory authority * The local, state, or federal enforcement body or authorized
representative having jurisdiction over the food establishment.
(76) Restricted use pesticide - A pesticide product that contains the active ingredients
specified in 40 CFR 152.175 (Pesticicles) classified for restricted use, and that is limited to use
§229.162(77} §229. 162(87~
by or under the direct supervision of a certified applicator.
(77) Roadside food vendor - A person who operates a mobile retail food store from a
temporary location adjacent to a public road or highway. Potentially hazardous foods shall not be
prepared or processed by a roadside food vendor. A roadside food vendor is classified as a food
establishment.
(78) Safe material - An article manufactured from or composed of materials that may not
reasonably be expected to result, directly or indirectly, in their becoming a component or otherwise
affecting the characteristics of any food; an additive that is used as specified in Chapter 43 1 of the
Texas Health and Safety Code; or other materials that are not additives and that are used in
conformity with applicable regulations of the Food and Drug Administration.
(79) Sanitization-Theapplicationofcumulativeheatorchemicalsoncleanedfood-contact
surfaces that, when evaluated for efficacy, yield a reduction of 5 logs, which is equal to a 99.999%
reduction of representative disease microorganisms of public health importance.
(80) Sealed - Free of cracks or other openings that allow the entry or passage of moisture.
(81 ) Servicing area - An operating base location to which a mobile food establishment or
transportation vehicle returns as needed for such things as discharging liquid or solid wastes, refilling
water tanks and ice bins, and boarding food.
(82) Sewage-Liquidwastecontaininganimalorvegetablematterinsuspensionorsolution
and may include liquids containing chemicals in solution.
(83) Shellfish control authority - Texas Department of Health Seafood Safety Division.
(84) Shellstock - Raw, in-shell molluscan shellfish.
(85) Shucked shellfish - Molluscan shellfish that have one or both shells removed
(86) Single-service articles - Tableware, carry-out utensils, and other items such as bags,
containers, placemats, stirrers, straws, toothpicks, and wrappers that are designed and constructed
for one time, one person use.
(87) Single-use articles - Utensils and bulk food containers designed and constructed to be
used once and discarded. The term includes items such as wax paper, butcher paper, plastic wrap,
formed aluminum food containers, jars, plastic tubs or buckets, bread wrappers, pickle barrels,
ketchup bottles, and number 10 cans which do not meet the materials, durability, strength
1~229.162(88) ~229.162(97}
and cleanability specifications contained in §229.165(a)(1), (c)(1), and (d)(1) of this title (relating to
Equipment, Utensils, and Linens) for multi-use utensils.
(88) Slacking - The process of moderating the temperature of a food such as allowing a
food to gradually increase from a temperature of-23 degrees Celsius (-10 degrees Fahrenheit) to -4
degrees Celsius (25 degrees Fahrenheit) in preparation for deep-fat frying or to facilitate even heat
penetration during the cooking of previously block-frozen food such as spinach.
(89) Smooth - A food-contact surface having a surface free of pits and inclusions with a
cleanability equal to or exceeding that of (100 grit) number 3 stainless steel; a nonfood-contact
surface of equipment having a surface equal to that of commercial grade hot-rolled steel free of visible
scale; and a floor, wall, or ceiling having an even or level surface with no roughness or projections
that render it difficult to clean.
(90) Support animal - A trained animal such as a seeing eye dog that accompanies a person
with a disability to assist in managing the disability and enables the person to perform functions that
the person would otherwise be unable to perform.
(91) Table-mounted equipment - Equipment that is not portable and is designed to be
mounted off the floor on a table, counter, or shelf.
(92) Tableware - Eating, drinking, and serving utensils for table use such as flatware
including forks, knives, and spoons; hollowware including bowls, cups, serving dishes, tumblers; and
plates.
(93) Temperature measuring device - A thermometer, thermocouple, thermistor, or other
device that indicates the temperature of food, air, or water.
(94) Temporary food establishment - A food establishment that operates for a period of
no more than 14 consecutive days in conjunction with a single event or celebration.
(95) USDA - The United States Department of Agriculture.
(96) Utensil - A food-contact implement or container used in the storage, preparation,
transportati on, dispensing, sale, or service of food, such as kitchenware or tableware that is multiuse,
single-service, or single-use; gloves used in contact with food; and food temperature measuring
devices.
(97) Vending machine - A self-service device that, upon insertion of a coin, paper currency,
token, card, or key, dispenses unit servings of food in bulk or in packages without the necessity of
replenishing the device between each rending operation.
12
4229.162{98~ ~229.162~r 100~
(98) Vending machine location - The room, enclosure, space, or area where one or more
rending machines are installed and operated and includes the storage and servicing areas on the
premises that are used to service and maintain the rending machines.
(99) Warewashing - The cleaning and sanitizing of food-contact surfaces of equipment and
utensils.
(100) Water activit3, (a~v) - A measure of the free moisture in a food, is the quotient o~'the
water vapor pressure of the substance divided by the vapor pressure of pure water at the same
temperature.
1S229.163(a) l~229.1631'b)
§229.163 Management and Personnel.
(a) Responsibility, assignment. The permit holder shall be the person in charge or shall
designate a person in charge and shall ensure that a person in charge is present at the food
establishment during all hours of operation.
(b) Knowledge, demonstration. Based on the risks of foodborne illness inherent to the food
operation, during inspections and upon request the person in charge shall demonstrate to the
regul atory authority knowledge of foodborne disease prevention, application of the Hazard Analysis
Critical Control Point principles, and the requirements of these rules The person in charge shall
demonstrate this 'knowledge by compliance with these rules, by being a certified food protection
manager who has shown proficiency of required information through passing a test that is part of an
accredited program, or by responding correctly to the inspector's questions as they relate to the
specific food operation, The person in charge may demonstrate such 'kno~vledge by:
(1) describing the relationship between the prevention of foodborne disease and the
personal hygiene of a food employee;
(2) explaining the responsibility of the person in charge for preventing the transmission
of foodbome disease by a food employee who has a disease or medical condition that may cause
foodborne disease;
(3) describing the symptoms associated with the diseases that are transmissible through
food;
(4) explaining the significance of the relationship bet~veen maintaining the time and
temperature of potentially hazardous food and the prevention of foodborne illness;
(5) explaining the hazards involved in the consumption of raw or undercooked meat,
poultry, eggs, and fish;
(6) stating the required food temperatures and times for safe cooking of potentially
hazardous food including meat, poultry, eggs, and fish;
(7) stating the required temperatures and times for safe refrigerated storage, hot holding,
cooling, and reheating of potentially hazardous food;
(8) describing the relationship between the prevention of foodborne illness and the
management and control of the following:
(A) cross-contamination;
1~229.163(b) 1~229.163(b}
(B) hand contact with ready-to-eat foods;
(C) handwashing; and
(D) maintaining the food establishment in a clean condition and in good repair;
(9) explaining the relationship between food safety and providing equipment that is:
(A) sufficient in number and capacity; and
(B) properly designed, constructed, located, installed, operated, maintained, and
cleaned;
(10) explaining correct procedures for cleaning and sanifizing utensils and food-contact
surfaces of equipment;
(11) identifying the source of water used and measures taken to ensure that it remains
protected from contamination such as providing protection from backflow and precluding the creation
of cross connections;
(12) identifying poisonous and toxic materials in the food establishment and the
procedures necessary to ensure that they are safely stored, dispensed, used, and disposed of according
to law;
(13) identifying critical control points in the operation from purchasing through sale or
service that when not controlled may contribute to the transmission of foodborne illness and
explaining steps taken to ensure that the points are controlled in accordance ~vith the requirements
of these rules;
(14) explaining the details of how the person in charge and food employees comply with
the HEard Analysis Critical Control Point (HACCP) plan ifa plan is required by the law, these rules,
or an agreement between the regulatory authority and the establishment; and
(15) explaining the responsibilities, rights, and authorities assigned by these rules to the:
(A) food employee;
(B) person in charge; and
(C) regulatory authority.
15229.163(c) ~229.163(c)
(c) Duties, person in charge. The person in charge shall ensure that:
( I ) food establishment operations are not conducted in a private home or in a room used
as living or sleeping quarters as specified under §229,167(d)(10) of this title (relating to Physical
Facilities);
(2) persons unnecessary to the food establishment operati on are not allowed in the food
preparation, food storage, or warewashing areas, except that brief visits and tours may be authorized
by the person in charge if steps are taken to ensure that exposed food; clean equipment, utensils, and
linens; and unwrapped single-service and single-use articles are protected from contamination;
(3) employees and other persons such as delivery and maintenance persons and pesticide
applicators entering the food preparation, food storage, and warewashing areas comply with these
mles;
(4) employees are effectively cleaning their hands, by routinely monitoring the
employees' handwashing;
(5) employees are visibly observing foods as they are received to determine that they
are from approved sources, delivered at the required temperatures, protected from contamination,
unadulterated, and accurately presented, by routinely monitoring the employees' observations and
periodically evaluating foods upon their receipt;
(6) employees are properly cooking potentially hazardous food, being particularly
careful in cooking those foods known to cause severe foodborne illness and death, such as eggs and
comminuted meats, through daily oversight of the employees' routine monitoring of the cooking
temperatures;
(7) employees are using proper methods to rapidly cool potentially hazardous foods that
are not held hot or are not for consumption within four hours, through dally oversight of the
employees' routine monitoring of food temperatures during cooling;
(8) consumers who order raw or partially cooked ready-to-eat foods of animal origin
are informed as specified under §229.164(k)( 1 )(C) and §229.164(r) of this title (relating to Food) that
the food is not cooked sufficiently to ensure its safety;
(9) employees are properly sanitizing cleaned multiuse equipment and utensils before
they are reused, through routine monitoring of solution temperature and exposure time for hot water
sanitizing, and chemical concentration, hydrogen ion concentration (pH), temperature, and exposure
time for chemical sanitizing;
§229.163(c} 15229.163(d)
(10) consumers are notified that clean tableware is to be used when they return to self-
service areas such as salad bars and buffets;
(11) employeesarepreventingcross-contaminationofready-to-eatfoodwiththeirbare
hands by proper handwashing or the use of suitable utensils such as deli tissue, spatulas, tongs or
single-use gloves; and
(12) employees are trained in basic food safety principles.
(d) Disease or medical condition.
(1) Responsibility of the person in charge to require reporting by food employees and
applicants to whom a conditional offer of employment is made. The permit holder shall require food
employee applicants to whom a conditional offer of employment is made and food employees to
report to the person in charge, information about their health and activities as they relate to diseases
that are transmissible through food. A food employee or applicant to whom a conditional offer of
employment is made shall report the information in a manner that allows the person in charge to
prevent the likelihood of foodborne disease transmission, including the date of onset of jaundice or
of an illness specified in subparagraph (C) of this paragraph, if the food employee or applicant to
whom a conditional offer of employment is made:
(A) is diagnosed with an illness due to:
(i) Salmonella typhi;
(ii) Shtgella spp.;
(iii)Escherichia coli O 157:H7 or other enterohemorrhagic E. coli; or
(iv) hepatitis A virus;
(B) has a symptom caused by illness, infection, or other source that is:
(i) associated with an acute gastrointestinal illness such as:
(I) diarrhea;
(II) fever;
(IID vomiting;
l~229.163(d'1
(IV) jaundice; or
(V) sore throat with fever; or
(ii) a lesion containing pus such as a boil or infected wound;
(C) had a past illness within the past three months from an infectious agent
specified in subparagraph (A) of this paragraph; or
(D ) meets one or more of the following high-risk conditions:
(i) is suspected of causing, or being exposed to, a confirmed disease
outbreak caused by S. typhi, Shigella spp., E. coli O157:H7, or hepatitis A virus illness including an
outbreak at an event such as a family meal, church supper, or festival because the food employee or
applicant to whom a conditional offer of employment is made:
(I) prepared food implicated in the outbreak;
(II) consumed food implicated in the outbreak; or
(III) consumed food at the event prepared by a person who is infected
or ill with the infectious agent that caused the outbreak or who is suspected of being a shedder of the
infectious agent; or
(ii) lives in the same household as a person who is diagnosed with a disease
caused by S. typhi, Shzgella spp., E. coli Ol57:H7, or hepatitis A virus; or
(iii) livesinthesamehouseholdasapersonwhoattendsorworksinasetting
where there is a confirmed disease outbreak caused by S. O/phi, Shigella spp., E. coli O157:H7, or
hepatitis A virus.
(2) Exclusions and restrictions. The person in charge shall:
(A) exclude a food employee from a food establishment if the food employee is
diagnosed with an infectious agent specified in paragraph (I)(A) of this subsection;
(B) except as specified under subparagraph (C) or (D) of this paragraph, restrict
a food employee from working with exposed food; clean equipment, utensils, and Iinens: and
unwrapped single-service and single-use articles, in a food establishment if the food employee is:
(i) suffering from a symptom specified in paragraph (1)(B) of this
§229.163(d} 1~229.1631'd}
subsection; or
(ii) not experiencing a symptom of acute gaslroenteritis specified in
paragraph (1)0il)(i) of this subsection but has a stool that yields a specimen culture that is positive
for Salmonella typhi, Shigella spp. and E. coli 0157:H7;
(C) if the population served is a highly susceptible population, exclude a food
employee who:
(i) is experiencing a symptom of acute gastrointestinal illness specified in
paragraph (1)(B)(i) of this subsection and meets a high-risk condition specified in paragraph (1)(D)
of this subsection;
(ii) is not experiencing a symptom of acute gastroenteritis specified in
paragraph ( I )(B)(i) of this subsection but has a stool that yields a specimen culture that is positive
for S. lyphi, Shigella spp., or Escherichia coli O157:H7;
(iii) had a past illness from S. typhi within the last three months; or
(iv) had a past illness from Shigella spp. or E. coli O157:H7 within the last
month; and
(D) for a food employee who is jaundiced:
(i) if the onset of jaundice occurred within the last seven calendar days,
exclude the food employee from the food establishment; or
(ii) if the onset of jaundice occurred more than seven calendar days before:
(I) exclude the food employee from a food establishment that serves
a highly susceptible population; or
(II) restrictthefoodemployeefromactivitiesspecifiedinsubparagraph
(B) of this paragraph, if the food establishment does not serve a highly susceptible population.
(3) Removal of exclusions and restrictions.
(A) The person in charge may remove an exclusion specified in paragraph (2)(A)
of this subsection if:
§229.163(d) ~229.163(d)
(i) the person in charge obtains approval from the regulatory authority; and
(ii) the person excluded as specified in paragraph (2)(A) of this subsection
provides to the person in charge written medical documentation from a physician licensed to practice
medicine that specifies that the excluded person may work in an unrestricted capacity in a food
establishment, including an establishment that serves a highly susceptible population, because the
person is free of the infectious agent of concem as specified in §229.171(o)(4) of this title (relating
to Compliance and Enforcement).
(B) The person in charge may remove a restriction specified in:
(i) paragraph (2)(B)(i) of this subsection if the restricted person:
(I) is free of the symptoms specified in paragraph (1)(B) of this
subsection and no foodborne illness occurs that may have been caused by the restricted person;
(II) is suspected of causing foodborne illness but is free of the
symptoms specified in paragraph (1)(B) of this subsection, and provides written medical
documentation from a physician licensed to practice medicine stating that the restricted person is free
of the infectious agent that is suspected of causing the person's symptoms or causing foodborne
illness, as specified in §229.171 (o)(4) of this rifle; or
(III) provides written medical documentation from a physician licensed
to practice medicine stating that the symptoms experienced result from a chronic noninfectious
condition such as Crohn's disease, ulcerative colitis or irritable bowel syndrome; or
(ii) paragraph (2)(B)(ii) of this subsection if the restricted person provides
written medical documentation from a physician, licensed to practice medicine, according to the
criteria specified in §229.171 (o)(4) of this title that indicates the stools are free ofSalmoneHa tyt~hi,
Shtgella spp., E. coli O 157:H7, or other enterohemorrhagic E. coli.
(C) The person in charge may remove an exclusion specified in subsection
(d)(2)(C) of this section if the excluded person provides written medical documentation from a
physician licensed to practice medicine:
(i) that specifies the person is free of:
(I) the infectious agent of concern, as specified in §229.171(o)(4) of
this title~ or
20
~229.163(d] ~229.163(e)
(II) jaundice as specified under subparagraph (D) of this paragraph if
hepatitis A virus is the infectious agent of concem~ or
(ii) if the person is excluded under subsection (d)(2)(C)(i) of this section
stating that the symptoms experienced result from a chronic noninfectious condition such as Crohn's
disease, irritable bowel syndrome, or ulcerative colitis.
(D) The person in charge may remove an exclusion specified in paragraphs
(2)(D)(i) and (2)(D)(ii)(I) of this subsection and a restriction specified in paragraph (2)(D)(ii)(II) of
this subsection if:
(i) no foodbome illness occurs that may have been caused by the excluded
or restricted person and the person provides written medical documentation from a physician licensed
to practice medicine stating that the person is free ofhepatitis A virus as specified in §229.171(o)(4)
of this title; or
(ii) the excluded or restricted person is suspected of causing foodborne
illness and complies with clause (i) of this subparagraph.
(4) Responsibility of a food employee or an applicant to whom a conditional offer of
employment is made to report to the person in charge. A food employee or a person to whom a
conditional offer of employment i s made shall:
(A) inamannerspecifiedinparagraph(1)ofthissubsection, report to the person
in charge the information specified in paragraph (1)(A)-(D) of this subsection; and
(B) comply with exclusions and restrictions that are specified in paragraph (2) of
this subsection.
(e) Hands and arms.
(1) Clean condition. Food employees shall keep their hands and exposed portions of
their arms clean.
(2) Cleaning procedure. Food employees shall clean their hands and exposed portions
of their arms with a cleaning compound in a lavatory that is equipped as specified under
§229.166(f)(2)(A) of this title (relating to Water, Plumbing, and Waste) by vigorously rubbing
together the surfaces of their lathered hands and arms for at least 20 seconds and thoroughly rinsing
with clean water. Employees shall clean the areas underneath the tingemails and between the fingers.
Use of automated handwashing equipment acceptable to the regulatory authority can be substituted
for the above procedures provided the equipment is installed and operated per the
l~229.163(e} 1~229.1631'e}
manufacturer' s instructions.
(3) Special handwash procedures. Employeesnotutilizingsuitableutensilsorsingle-use
gloves when handling ready-t~eat foods shall wash hands using the cleaning procedure specified in
subsection (e)(2) of this section and follow this procedure with use of an approved hand sanitizer, or
chemical hand sanitizing solution used as a hand dip.
(4) When to wash. Food employees shall clean their hands and exposed portions of
their arms as specified under paragraph (2) of this subsection at the following times:
(A) after touching bare human body parts other than clean hands and clean,
exposed portions of arms;
(B) after using the toilet room;
(C) aftercaringfororhandlingsupportanimalsasallowedundersubsection(k)(2)
and (3) of this section;
(D) after coughing, sneezing, using a handkerchief or disposable tissue, using
tobacco, eating, or drinking;
(E) after handling soiled equipment or utensils;
(F) immediately before engaging in food preparation including working with
exposed food, clean equipment and utensils, and unwrapped single-service and single-use articles;
(G) during food preparation, as often as necessary to remove soil and
contamination and to prevent cross contamination when changing tasks;
(H) when switching between working with raw foods and working with ready-to-
eat foods; or
(I) after engaging in other activities that contaminate the hands.
(5) Where to wash. Food employees shall clean their hands in a handwashing lavatory
or automated handwashing equipment and may not clean their hands in a sink used for food
preparation, warewashing, or in a service sink or a curbed cleaning facility used for the disposal of
mop water and similar liquid waste.
(6) Hand sanitizers.
§229. 163re) ~229.163ff~
(A) Ifused, ahand sanitizer, or a chemical hand sanitizing solulionused as ahand
dip, shall:
(i ) have active antimicrobial ingredients that are:
(I) listed as safe and effective for application to human skin as an
antiseptic handwash in a monograph for OTC (over-the-counter) Health-Care Antiseptic Drag
Products; or
(II) previously authorized, and listed for such use in the USDA List of
Proprietary Substances and Nonfood Compounds, Miscellaneous Publication No. 1419;
(ii) have components that are:
(I) regulated for the intended use as food additives as specified in 21
CFR 178 - Indirect Food Additives: Adjuvants, Production Aids, and Sanitizers; or
(II) generallyrecognizedassafe(GRAS)fortheintendeduseincontact
with food within the meaning of the Federal Food, Drug, and Cosmetic Act §201 (s); or
(III) exempted from the requirement of being listed in the federal food
additive regulations as specified in 21 CFR 170.39 Threshold of Regulation for Substances Used in
Food-contact Articles; and
(iii) be applied only to hands that are cleaned as specified under subsection
(e)(2) and (3) of this section.
(B) If a hand sanitizer or a chemical hand sanitizing solution used as a hand dip
does not meet the criteria specified under subparagraph (A)(ii) of this paragraph, use shall be:
(i) followed by thorough hand rinsing in clean water before hand contact
with food or by the use of gloves; or
(ii) limited to situations that involve no direct contact with food by the bare
hands.
(C) A chemical hand sanitizing solution used as a hand dip shall be maintained
clean and at a strength equivalent to at least 100 mg/L chlorine
(f) Fingernails, maintenance. Food employees shall keep their tingemalls trimmed, filed, and
maintained so the edges and surfaces are cleanable and not rough.
§229.163(~ ~229.163(i~
(g) Jewelry, prohibition. While preparing food, food employees may notwearj ewelry on their
anus and hands. This subsection does not apply to a plain ring such as a band style ring.
(h) Outer clothing, clean condition. Food employees shall wear clean outer clothing to
prevent contamination of food, equipment, utensils, linens, and single-service and single-use articles.
(i) Food contamination prevention.
( l )Eating, drinking, or using tobacco.
(A) Except as specified in subparagraph (B) of this paragraph, an employee shall
eat, drink, or use any form of tobacco only in designated areas where the contamination of exposed
food; clean equipment, utensils, and linens; unwrapped single-service and single-use articles; or other
items needing protection cannot result.
(B) A food employee may drink from a nonspillable, closed beverage container if
the container is handled to prevent contamination of:
(i) the employee's hands;
(ii) the container; and
(iii) exposed food; clean equipment, utensils, and linens; and unwrapped
single-service and single-use articles.
(2) Discharges from the eyes, nose, and mouth. Food employees experiencing persistent
sneezing, coughing, or a funny nose that causes discharges from the eyes, nose, or mouth may not
work with exposed food; clean equipment, utensils, and linens; orunwrapped single-service or single-
use articles.
(j) Hair restraints, effectiveness.
(1) Use required. Except as provided under paragraph (2) of this subsection, food
employees shall wear hair restraints such as hats, hair coverings or nets, beard restraints, and clothing
that covers body hair, that are designed and worn to effectively control and keep their hair from
contacting exposed food; clean equipment, utensils, and linens; and unwrapped single-service and
single-use articles.
(2) Exceptions. This section does not apply to food employees such as counter staff
who only serve beverages and wrapped or packaged foods; hosts and hostesses; and wait staff if
24
§229.163(i) ~229.163(k)
they present a minimal risk of contaminating exposed food, clean equipment, utensils, linens, and
unwrapped single-service and single-use articles.
(k) Animals, handling prohibition.
(1) Handling, prohibition. Except as specified in paragraph (2) of this subsection, food
employees may not care for or handle animals that may be present such as patrol dogs, support
animals, or pets that are allowed under §229.167(p)(lS)(B)(ii)-(iv) of this title (relating to Physical
Facilities).
(2) Food employees with support animals. Food employees with support animals may
handle or care for their support animals if they wash their hands as specified under subsection (e)(2)
and (3) and (4)(C) of this section before working with exposed food; dean equipment, utensiIs, and
linens; or unwrapped single-service and single-use arucles.
(3) Food employees handling fish, shellfish, crustacea. Food employees handling edible
fish in aquariums, shellfish or crustacea in display tanks shall wash their hands before handling
exposed food; cleaning equipment, utensils, and linens; or unwrapped single-service and single-use
articles.
25
15229.164(a} 15229.164{b}
§229.164 Food.
(a) Condition safe, unadulterated, and honestly presented. Food shall be safe, unadulterated,
and, as specified under subsection (p)(2) of this section, honestly presented.
(b) Approved sources.
(1) Compliance with food law.
(A) Food shall be obtained from sources that comply with applicable laws and are
licensed by the state regulatory authority having jurisdiction over the processing and distribution of
the food
(B) Food prepared in a private home, except as allowed in these rules, or from an
unlicensed food manufacturer or wholesaler, is considered to be from an unapproved source and may
not be used or offered for human consumption in a food establishment.
(C) Packaged food shall belabeledas specifiedinlaw, including 21CFR101Food
Labeling, 9 CFR 317 Labeling, Marking Devices, and Containers, and 9 CFR 381 Subpart N Labeling
and Containers, and as specified under subsection (c)(8) and (9) of this section.
(D) Fish, otherthan molluscan shellfish, that are intended for consumption in their
raw form and allowed as specified under subsection (k)(1)(C) of this section shall be obtained from
a supplier that freezes the fish as specified under subsection (1)(I) of this section; or shall be frozen
on the premises as specified under subsection (1)(1) of this section and records shall be retained as
specified under subsection (1)(3) of this section.
(2) Food in a hermetically sealed container. Food in a hermetically sealed container shall
be obtained from a food processing plant that is regulated by the food regulatory agency that has
jurisdiction over the plant.
(3) Fluid milk and milk products. Fluid milk and milk products shall be obtained from
sources that comply with Grade A standards as specified in law.
(4) Fish.
(A) Fish may not be received for sale or service unless they are commercially and
legally caught or harvested, or otherwise approved by the regulatory authority.
(B) Molluscan shellfish that are recreationally caught may r~ot be received for sale
or service.
26
§229.164~b} 1~229.164Co'}
(5) Molluscan shellfish.
(A) Molluscan shellfish shall be obtained from sources according to law and the
requirements specified in the Department of Heaith and Human Services, Public Health Service, Food
and Drag Administration, National Shellfish Sanitation Program Manual of Operations, or its
successor document.
(B) Molluscan shellfish shall be from sources that are currently certified by the
appropriate state or national shellfish control authority.
(6) Exotic animals and game animals.
(A) Lt' exotic animals are received for sale or service, they shall:
(i) be commercially raised for food and:
(I) slaughtered, processed, and deemed to be "inspected and
approved" under an inspection program administered by U.S.D.A. in accordance with 9 CFR 352
Voluntary Exotic Animal Program; or
(II) slaughtered, processed, and deemed to be "inspected and passed"
under a meat and poultry inspection program administered by the department or any other state meat
inspection program deemed equal to U.S.D.A. inspection;
(ii) as allowed by law, for exotic animals that are live caught, be slaughtered
and processed as required in paragraph (6)(A)(i)(I) or (II) of this subsection;
(iii) as allowed by law, for exotic animals that are field dressed:
(I) receive an antemortem and postmortem examination by the
appropriate inspection personnel as described in paragraph (6)(A)(i)(I) or (II) of this subsection; and
(II) be field dressed, transported, and processed according to the
requirements specified by the appropriate regulatory authority as described in paragraph (6)(A)(i)(I)
or (II) of this subsection.
(B) No exotic animal or game animal may be received for sale or service if it is a
species that is listed in 50 CFR 17 Endangered and Threatened Wildlife and Plants.
(C) Game animals must be from a source approved by the regulatory authority
27
1~229.164(b} 1~229.164(c)
and must be commercially processed. Approved sources include:
(i ) as allowed by law, commercially raised indigenous game animals;
(ii) indigenous game animals harvested under the authority of the Texas
Parks and Wildlife Department, which are wholesome at the time of delivery to a commercial
processor; and
(iii) otherhunterkilled indigenousgameanimal species, such as rattlesnakes,
which are wholesome at the time of delivery to a commercial processor.
(c) Specifications for receiving.
( l )Temperature.
(A) Except as specified in subparagraph (B) of this paragraph, refrigerated,
potentially hazardous food shall be at a temperature of 5 degrees Celsius (41 degrees Fahrenheit) or
below when received.
(B) Foods such as milk, molluscan shellfish, and shell eggs may be received at the
temperarare specified in laws governing their distribution.
(C) Potentially hazardous food that is cooked to a temperature and for a time
specified under subsection (k) of this section and received hot shall be at a temperature of 60 degrees
Celsius (140 degrees Fahrenheit) or above.
(D) A food that is labeled frozen and shipped frozen by a food processing plant
shalI be received frozen.
(E) Upon receipt, potentially hazardous food shall be free of evidence of previous
temperature abuse.
(2) Additives. Food may not contain unapproved food additives or additives that
exceed amounts allowed in 21 CFR, 170-180 relating to food additives, generally recognized as safe
or prior sanctioned substances that exceed amounts allowed in 21 CFR, 181-186, substances that
exceed amounts specified in 9 CFR 318.7 Approval of substances for use in the preparation of
products, 9 CFR 381.147 Reslrictions on the use of substances in poultry products, or pesticide
residues that exceed provisions specified in 40 CFR 185 Tolerances for Pesticides in Food.
(3) Shell eggs. Shell eggs shall be received clean and sound and may not exceed the
restricted egg tolerances for U S Consumer Grade B as specified in 7 CFR Part 56 - Regulations
l$229.164{'c} §229.1641'c)
Governing the Grading of Shell Eggs and U.S. Standards, Grades, and Weight classes for Shell Eggs,
and 7 CFR Part 59 - Regulations Governing the Inspection of Eggs and Egg Products.
(4) Liquid, frozen, and dry eggs. Liquid, frozen, and dry eggs and egg products shall
be obtained pasteurized.
(5) Fluid milk, dry milk, and milk products.
(A) Fluid milk, dry milk, and milk products complying with Grade A standards as
specified in law shall be obtained pasteurized
(B) Frozen milk products, such as ice cream, shall be obtained pasteurized in
accordance with the Texas Frozen Desserts Manufacturer Licensing Act, Texas Health and Safety
Code, Chapter 440.
(C) Cheese shall be obtained pasteurized unless alternative procedures to
pasteurization are provided for in the CFR, such as 21 CFR 133 - Cheeses and Related Cheese
Products, for curing certain cheese varieties.
(6) Package integrity. Food packages shall be in good condition and protect the
integrity of the contents so that the food is not exposed to adulteration or potential contaminants.
(7) Ice. Ice used as a food or a cooling medium shall be made from drinking water.
(8) Shucked shellfish, packaging and identification. Raw shucked shellfish shall be
obtained in nonreturnable packages legibly bearing the name and address of the person who shucks
and packs or repacks the shellfish, the person 's authorized certification number, and the "sell by" date
for packages with a capacity of less than 1.87 L (one-half gallon) or the date shucked for packages
with a capacity of 1.87 L (one-half gallon) or more.
(9) Shellstock identification. Shellstock shall be obtained in containers beating legible
source identification tags or labels that are affixed by the harvester and each dealer that depurates,
ships, or reships the shellstock, as specified in the Texas Molluscan Shellfish Rules, 25 TAC, Chapter
241, §241.50-§241.67.
(A) Except as specified under subparagraph (C) of this paragraph, each dealer's
tag or label shall contain the following information in the following order:
(i) the dealer~s name and address, and the certification number assigned by
the shellfish control authority;
1~229.164(c) li229.164(d)
(ii) the original shipperks certification number including the abbreviation of
the name of the state or country in which the shellfish were harvested;
(iii) the date of harvesting;
(iv) the most precise identification ofthe harvest location or aquaculture site
that is practicable based on the system of harvest area designations that is in use by the shellfish
control authority and including the abbreviation of the name of the state or countp,.' in which the
shellfish are harvested;
(v) the type and quantity of shellfish;
(vi) the following statement in bold, capitalized type: "THIS TAG IS
REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY AND THEREAFTER
KEPT ON FILE FOR 90 DAYS;" and
(vii) the consumer information statement required as specified in subsection
(r) of this section.
(B) A container of shellstock that does not bear a tag or label or that bears a tag
or label that does not contain all the information as required in subparagraphs (A) and (B) of this
subsection shall be subject to detention as provided in Texas Health and Safety Code, Chapter 436.
(C) If a place is provided on the harvester's tag or label for a dealer~s name,
address, and certification number, the dealer's information shall be listed first.
(D) If the harvester's tag or label is designed to accommodate each dealer's
identification as specified under subparagraph (A)(i) of this paragraph, separate dealer tags or labels
need not be provided.
(10) Shellstock, condition. when received by a food establishment, shellstock shall be
reasonably free of mud, shall be alive, and have unbroken shells. Dead shellstock or shellstock with
badly broken shells shall be discarded.
(d) Original containers and records.
(I) Molluscan shellfish, original container.
(A) Exceptas specified in subparagraphs (B) and (C) ofthis paragraph, molluscan
shellfish may not be removed from the container in which they were received other than
immediately before sale or preparation for service.
1~229.164(d) ~229.164~e~
(B) Shellstock may be removed from the container in which they were received,
displayed on drained ice, or held in a display container, maintained at or below 41 degrees Fahrenheit,
and a quantity specified by a consumer may be removed from the display or display container and
provided to the consumer if:
(i) the source of the shellstock on display is identified as specified under
subsection (c)(9) of this section, the source information is displayed with the shellstock and recorded
as specified under paragraph (2) of this subsection; and
(ii) the shellstock are protected from contamination.
(C) Shucked shellfish may be removed from the container in which they ~vere
received and held in a display container maintained at or below 4l degrees Fahrenheit from which
individual servings are dispensed upon a consumer's request if:
(i) the labeling information for the shellfish on display as specified under
subsection (c)(8) of this section is retained and correlated to the date when, or dates during which,
the shellfish are sold or served and the information is displayed with the shellfish; and
(ii) the shellfish are protected from contamination.
(2) Shell stock, maintaining identification. The identity of the source of shellstock that
are sold or served shall be maintained by retaining shellstock tags or labels for 90 calendar days from
the date the container is emptied by:
(A) using a record keeping system that keeps the tags or labels in chronological
order correlated to the date when, or dates during which, the shellstock are sold or served; and
(B) if shellstock are removed from their tagged or labeled container, using only
one tagged or labeled container at a time and ensuring that shellstock from one tagged or labeled
container are not commingled with shellstock from another container, unless all tag or label
information is identical, before being ordered by the consumer. Shellstock tags shall remain attached
to the container in which the shellstock are received until the container is empty.
(3) Disclosure of tag or label information. lag or label information shall be made
available to any consumer upon request.
(e) Preventing contamination by employees.
(l) Preventing contamination from hands.
§229.1641'e~ ~229.164(f)
(A) Foodemployeesshallwashtheirhandsasspeci~edunder§229.163(e)ofthis
title (relating to Management and Personnel).
(B) Except ~vhen washing fruits and vegetables as specified in subsection (f)(6) of
this section, food employees shall avoid contact of exposed ready-to-eat food with their bare hands
by use of suitable utensils such as deli tissue, spatulas, tongs, or single-use gloves; or shall wash hands
as specified in §229.163(e)(3) of this title.
(C) Food employees shall minimize bare hand and arm contact with exposed food
that is not in a ready-to-eat form.
(2) Preventing contamination when tasting. A food employee may not use a utensil
more than once to taste food that is to be sold or served.
(f) Preventing food and ingredient contamination.
( 1 ) General. At all times, including while being stored, prepared, displayed, served, or
transported, food shall be protected from potential contamination.
(2) Packaged and unpackaged food - separation, packaging, and segregation.
(A) Food shall be protected from cross contamination by:
(i) separating raw animal foods during storage, preparation, holding, and
display from:
(I) raw ready-to-eat food including other raw animal food such as fish
for sushi or molluscan shellfish, or other raw ready4o-eat food such as vegetables; and
(II) cooked ready-to-eat food.
(ii) except when combined as ingredients, separating types of raw animal
foods from each other such as beef, fish, lamb, pork, and poultry during storage, preparation, holding,
and display by:
(I) using separate equipment for each type; or
(II) arranging each type of food in equipment so that cross
contamination of one type with another is prevented; and
(III) preparing each type offood at different times or in separate areas.
32
1~229.1641'f} 1~229.164(f}
(iii) cleaningequipmentandutensilsasspecifiedunder§229.165(n)(1)ofthis
title (relating to Equipment, Utensils, and Linens) and sanitizing as specified under §229.165(r) of
this title;
(iv) exceptasspecifiedundersubparagraph(B)ofthisparagraph, stotingthe
food in packages, covered containers, or wrappings;
(v) cleaning herrnefically sealed containers of food of visible soil before
opening;
(vi) protectingfoodcontainersthatarereceivedpackagedtogetherinacase
or overwrap from cuts when the case or overwrap is opened;
(vii) storing damaged, spoiled or recalled food being held in the food
establishment as specified under §229.167(n) of this title (relating to Physical Facilities); and
(viii) separating fruits and vegetables, before they are washed as specified
under paragraph (6) of this subsection from ready-to-eat food.
(B) Subparagraph (A)(iv) of this paragraph does not apply to:
(i) whole, uncut, raw fruits and vegetables and nuts in the shell, that require
peeling or hulling before consumption;
(ii) primal cuts, quarters, or sides of raw meat or slab bacon that are hung
on clean, sanitized hooks or placed on clean, sanitized racks;
(iii) whole, uncut, processed meats such as country hams, and smoked or
cured sausages that are placed on clean, sanitized racks;
(iv) food being cooled as specified under subsection (n)(5)(B)(ii) of this
section; or
(v) shellstock.
(3) Food storage containers, identified with common name of food. Working containers
holding food or food ingredients that are removed from their original packages for use in the food
establishment such as cooking oils, flour, herbs, potato flakes, salt, spices, and sugar
shall be identified with the common name of the food except that containers holding food that can
be readily and unmistakably recognized such as dry pasta need not be identified.
33
~229. 164(t'} ~229. 164~'f}
(4) Pasteurized eggs, substitute for shell eggs for certain recipes and populations.
Pasteurized shell eggs or pasteurized liquid, frozen, or dry eggs or egg products shall be substituted
for raw shell eggs in the preparation of:
(A) foods such as Caesar salad, hollandaise or bearnaise sauce, mayonnaise,
eggnog, ice cream, and egg-fortified beverages that are not:
(i) cooked as specified under subsection (k)(l)(A)(i) or (ii) of this section:
or
(ii) included under subsection (k)(i)(C) of this section; and
(B) eggs for a highly susceptible population if the eggs are broken, combined in
a container, and not cooked immediately or if the eggs are held before service following cooking.
(5) Protection from unapproved additives.
(A) Food shall be protected from contamination that may result from the addition
of, as specified in subsection (c)(2) of this section:
(i) unsafe or unapproved food or color additives; and
(ii) unsafe or unapproved levels of approved food and color additives.
(B) A food employee may not:
(i) apply sulfiting agents to fresh fruits and vegetables intended for raw
consumption or to a food considered to be a good source of vitamin Bi; or
(ii) serve or sell food specified in clause (i) of this subparagraph that is
treated with sulfiting agents before receipt by the food establishment, except that grapes need not
meet this subparagraph.
(6) Washing fruits and vegetables.
(A) Raw fruits and vegetables shall be thoroughly washed in water to remove soil
and other contaminants before being cut, combined with other ingredients, cooked, served, or offered
for human consumption in ready-to-eat form except that whole, raw fruits and vegetables that are
intended for washing by the consumer before consumption need not be washed before they are sold.
1~229.164(f} 1~229.164{h}
(13) Fruits and vegetables may be washed by using chemicals as specified under
§229. 168(f)(2) of this ti~e (relating to Poisonous or Toxic Materials).
(g) Preventing contamination from ice used as a coolant.
(1) Ice used as exterior coolant, prohibited as contamination ingredient. After use as
a medium for cooling the exterior surfaces of food such as melons or fish, packaged foods such as
canned beverages, or cooling coils and tubes of equipment, ice may not be used as food.
(2) Storage or display of food in contact with water or ice
(A) Packaged food may not be stored in direct contact with ice or water if the food
is subject to the entry of water because of the nature of its packaging, wrapping, or container or its
positioning in the ice or water.
(B) Except as specified in subparagraphs (C) and (D) of this paragraph,
unpackaged food may not be stored in direct contact with undralned ice.
(C) Whole, raw fruits or vegetables; cut, raw vegetables such as celery or carrot
sticks or cut potatoes; and tofu may be immersed in ice or water.
(D) Raw chicken and raw fish that are received immersed in ice in shipping
containers may remain in that condition while in storage awaiting preparation, display, service, or
sale.
(h) Preventing contamination from equipment, utensils, wiping cloths, and linens.
( 1 )Food contact with equipment and utensils. Food may not contact:
(A) probe-type price oridentification tags, uhiess each tag is cleaned and sanitized
prior to each use and used only in raw foods that will not be consumed as a ready-to-eat food; and
(B) surfaces of utensils and equipment that are not cleaned as specified under
§229.165(m)-(o) of this title and sanitized as specified in §229.165(p)-(r) of this rifle.
(2) In-use utensils, between-use storage. During pauses in food preparation or
dispensing, food preparation and dispensing utensils shall be stored:
(A) except as specified under subparagraph (B) ofthis paragraph, inthefoodwith
their handles above the top of the food and the container;
35
~229.164(h) ~229.164(h)
(B) in food that is not potentially hazardous with their handles above the top of
the food within containers or equipment that can be closed, such as bins of sugar, flour, or cinnamon;
(C) on a clean portion of the food preparation table or cooking equipment and shall
be cleaned and sanitized at a frequency specified under §229.165(n)(1) and (q) of this title;
(D) inmrmingwaterofsufficientvelocitytoflushparticulatestothedrain, ifused
with moist food such as ice cream or mashed potatoes:
(E) in a clean, protected location if the utensils, such as ice scoops, are used only
with a food that is not potentially hazardous; or
(F) in water that maintains a temperature of at least 60 degrees Celsius (140
degrees Fahrenheit).
(3) Wiping cloths, used for one purpose.
(A) Cloths that are in use for wiping food spills shall be used for no other purpose.
(B) Cloths used for wiping food spills shall be:
(i) dry and used for wiping food spills from tableware and carry-out
containers; or
(ii) moist and cleaned as specified under §229. I65(t)(4) of this title, stored
in a chemical sanitizer as specified under §229.168(0(1) of this title, and used for wiping spills from
food-contact and nonfood-contact surfaces of equipment
(C) Dry or moist cloths that are used with raw animal foods shall be kept separate
from cloths used for other purposes, and moist cloths used with raw animal foods shall be kept in a
separate sanifizing solution.
(4) Linens and napkins, use limitation. Linens and napkins may not be used in contact
with food unless they are used to line a container for the service of foods and the linens
and napkins are replaced each time the container is refilled for a new consumer.
(5) Gloves, use limitation.
(A) [fused. single-use gloves shall be used for only one task such as working
~229.164(h) ~229.164{h]
with ready-to-eat food or with raw animal food, used for no other purpose, and discarded when
damaged or soiled, or when interruptions occur in the operation.
(B) Except as specified in subparagraph (C) of this paragraph, slash-resistant
gloves that are used to protect the hands during operations requiring cutting shall be used in direct
contact only with food that is subsequently cooked as specified in these rules, such as frozen food or
a primal cut of meat.
(C) Slash-resistant gloves may be used with ready*to-eat food that will not be
subsequently cooked if the slash-resistant gloves have a smooth, durable, and nonabsorbent outer
surface; or if the slash-resistant gloves are covered with a smooth, durable, nonabsorbent glove, or
a single-use glove.
(D) Cloth gloves may not be used in direct contact with food unless the food is
subsequently cooked as required in these rules such as frozen food or a primal cut of meat.
(6) Using clean tableware for second portions and refills.
(A) Food employees may not use tableware, including single-service articles, soiled
by the consumer to provide second portions or refills except glasses and cups, provided no contact
is made between the glasses and cups and the container from which the refills are dispensed.
(B) Except as specified in subparagraph (C) of this paragraph, self-service
consumers may not be allowed to use soiled tableware, including single-service articles, to obtain
additional food from the display and serving equipment. A card, sign or other effective means of
notification shall be displayed to notify consumers that clean tableware is to be used upon return to
self-service areas such as salad bars and buffets.
(C) Cups and glasses may be mused by self-service consumers if refilling is a
contamination-free process as specified under {}229.165(f)(3)(A),(B) and (D) of this title.
(7) Refilling retumables.
(A) A take-home food container returned to a food establishment may not be
refilled at a food establishment with a potentially hazardous food.
(B ) Except as specified in subparagraph (C) of this paragraph, a take-home food
container refilled with food that is not potentially hazardous shall be cleaned as specified in
§229.165(o)(7) of this title
37
§229.164(h~ §229.164(i~
(C) Personal take-out beverage containers, such as thermally insulated bottles,
nonspill coffee cups a~d promotional beverage glasses, may be refilled by employees or the consumer
if refilling is a contamination-free process as specified in §229.165(f)(3)(A),(B), and (D) of this title.
(i) Preventing contamination from the premises.
(1) Food Storage
(A) Except as specified in subparagraphs (B) and (C) of this paragraph, food shall
be protected from contamination by storing the food:
(i) in a clea~, dr~ location;
(ii) where it is not exposed to splash, dust, or other contamination; and
(iii) at least 15 centimeters (6 inches) above the floor.
(B) Food in packages and working containers may be stored less than 15
centimeters (6 inches) above the floor on case lot handling equipment as specified under
§229. i65(~(22) of this title.
(C) Pressurized beverage containers, cased food in waterproof containers such as
bottles or cans, and milk containers in plastic crates may be stored on a floor that is clean and not
exposed to floor moisture.
(2) Food storage, prohibited areas. Food may not be stored:
(A) in locker rooms;
(B) in toilet rooms;
(C) in dressing rooms;
(D) in garbage rooms;
(E) in mechanical rooms;
(F) under sewer lines that are not shielded to intercept potential drips;
(G) under leaking water lines, including leaking automatic fire sprinkler heads,
15229.164fi) 1~229.164{i}
or under lines on which water has condensed;
(H) under open stairwells; or
(I) under other sources of contamination.
(3) Vended potentially hazardous food, original container. Potentially hazardous food
dispensed through a vending machine shall be in the package in which it was placed at the food
establishment or food processing plant at which it was prepared, unless the food ~vas manufactured
within the machine
(4) Food preparation. During preparation, unpackaged food shall be protected from
environmental sources of contamination.
(j ) Preventing contamination by consumers.
( 1 ) Food display~ Except for nuts in the shell and whole, raw fruits and vegetables that
are intended for hulling, peeling, or washing by the consumer before consumption, food on display
shall be protected from contamination by the use of packaging; counter, service line, or salad bar food
guards; display cases; or other effective means.
(2) Condiments, protection.
(A) Condiments shall be protected from contaminati on by being kept in dispensers that
are designed to provide protection, protected food displays provided with the proper utensils, original
containers designed for dispensing or individual packages or portions.
(B) Condiments at a vending machine location shall be in individual packages or
provided in dispensers that are filled at a location that is approved by the regulatory authority, such
as the food establishment that provides food to the vending machine location, a food processing plant
that is regulated by the agency that has jurisdiction over the operation, or a properly equipped facility
that is located on the site of the vending machine location.
(3) Consumer self-service operations, sale from self-service containers.
(A) Unpackaged, raw animal food, such as beef, lamb, pork, poultry, and fish may
not be offered for consumer self-service~ This paragraph does not apply to consumer self-service of
ready-to-eat foods at buffets or salad bars that serve foods such as sushi or raw shellfish, or to ready-
to-cook individual portions for immediate cooking and consumption on the premises such as
consumer-cooked meats or consumer-selected ingredients for Mongolian barbecue.
§229.164{i) ~229.164(D
(B) Consumerself-serviceoperationsforready-to-eatfoodsshallbeprovidedwith
suitable utensils or effective dispensing methods that protect the food from contamination.
(C) Consumer self-service operations such as buffets and salad bars shall be
monitored by food employees trained in safe operating procedures.
(D) A person may sell unpackaged food that is displayed and sold in bulk from a
self-service container if:
(i) the self-service container has a tight-fitting lid that is securely attached
to the container; and
(ii) the container, lid, and any utensil are constructed of nontoxic materials
that provide for easy cleaning and proper repair.
(E) The lid of a gravity feed type container shall be kept closed except when the
container is being serviced or refilled.
(F) The lid of a scoop utensil type container shall be kept closed except during
customer service. The containermust have autensil, equipped with ahandle, to be used in dispensing
the food.
(G) The seller shall:
6) keep the container, lid, and any utensil sanitary to prevent spoilage and
insect infestation; and
(ii) post in the immediate display area a conspicuous sign that instructs the
customer on the proper procedure for dispensing the food.
(4) Returned food, reservice or sale.
(A) Except as specified under subparagraph (B) of this paragraph, after being
served or sold and in the possession of a consumer, food that is unused or returned by the consumer
may not be offered as food for human consumption.
(B) Except as specified in subsection (u) of this section, food that is not
potentially hazardous, such as crackers and condiments, in an unopened original package and
maintained in sound condition may be reserved or resold.
(5) Miscellaneous sources of contamination. Food shall be protected from
1~229.164(i) 1~229.1641'k}
contamination that may result from a factor or soume not specified in subsections (e)-6) of this
section.
(k) Cooking.
(1) Raw animal foods.
(A) Except as specified in subparagraphs (B) and (C) ofthis paragraph, rawanimal
foods such as eggs, fish, meal poultry, and foods containing these raw animal foods, shall be cooked
to heat all parts of the food to a temperature and for a time that complies with one of the follo~ving
methods based on the food that is being cooked:
(i) 63 degrees Cel sius ( 145 degrees Fahrenheit) or above for 15 seconds for:
(I) raw shell eggs that are broken and prepared in respon.se to a
consumer's order and for immediate service; and
(II) except as specified under subparagraph (A)(ii) and (iii) and
subparagraph (B) of this paragraph, fish and meat including game animals and exotic animals
commercially raised for food under a voluntary inspection program;
(ii) 68 degrees Celsius (155 degrees Fahrenheit) for 15 seconds or the
temperature specified in the following table that corresponds to the holding time for pork, ratites, and
injected meats; the following if they are comminuted: fish, meat, game animals and exotic animals
commercially raised for food under a voluntary inspection program; and raw eggs that are not
prepared as specified under subparagraph (A)(i)(I) of this paragraph; or
Figure 1:25 TAC §229.164(k)(1)(A)(ii)
(iii) 74degreesCelsius(165degreesFahrenheit)orabovefor15secondsfor
poultry except for ratites, wild game animals and exotic animals which are live caught and are under
a routine inspection program, stuffed fish, stuffed meat, stuffed pasha, stuffed poultry, stuffed ratires,
or stuffing containing fish, meat, poultry, or ratires.
(B) Whole beef roasts and coined beef roasts shall be cooked:
(i) in an oven that is preheated to the temperature specified for the roast's
weight that is held at that temperature as specified in the following table:
Figure 2:25 TAC §229.164(k)(1)(B)(i)
41
§229.164(k) ~229.164~)
(ii) and all parts of the food shall be heated to a temperature and for the
holding time that corresponds to that temperature in the following table:
Figure 3:25 TAC §229.164(k)(1)(B)(ii)
(C) Except for food establishments serving a highly susceptible population,
subparagraphs (_30 and (B) of this paragraph do not apply i~ upon consumer order, the food is a raw
animal food such as raw, marinated fish; steak tartare; or a partially cooked food such as lightly
cooked fish, rare meat, and soft cooked eggs that is served or offered for sale in a ready-to-eat form.
Consumers should be informed by brochures, deli-case or menu advisories, label statements, table
tents, placards, or other effective means, that, to ensure its safety, food should be cooked as specified
in this paragraph
(2) Microwave cooking. Raw animal foods cooked in a microwave oven shall be:
(A) rotated or stirred throughout or midway during cooking to compensate for
uneven distribution of heat;
(B) covered to retain surface moisture;
(C) heatedtoatemperatureofatleast74degreesCelsius(165degreesFahrenheit)
in all pans of the food; and
02)) allowedtostandcoveredfortwominutesa~ercookingtoobtaintemperature
equilibrium.
(3) Plant food cooking for hot holding. Fruits and vegetables that are cooked for hot
holding shall be cooked to a temperature of 60 degrees Celsius (140 degrees Fahrenheit).
(1) Freezing.
(I) Parasite destruction. Except as specified in paragraph (2) of this subsection, before
service or sale in ready-to-eat form, raw, raw-marinated, partially cooked, or marinated- partially
cooked fish other than molluscan shellfish shall be frozen throughout to a temperature of:
(A) -20 degrees Celsius (-4 degrees Fahrenheit) or below for 168 hours (7 days)
in a freezer; or
(B) -35 degrees Celsius (-3 l degrees Fahrenheit) or below for 15 hours in a blast
freezer.
42
l~229.16411] 1~229.164fm]
(2) Tuna species. If the fish are tuna of the species Thunnus alalunga, Thunnus
albacares (Yellowfin tuna), Thunnus atlanticus, Thunnus maccoyii (Blue fin tuna, Southern), Thunnus
obesus (Bigeye tuna), or Thunnus thynnus (Bluefin tuna, Northern), the fish may be served or sold
in a raw, raw-marinated, or partially cooked ready-to-eat form without freezing as specified under
paragraph ( 1 ) of this subsection.
(3) Records, creation and retention.
(A) Except as specified in paragraph (2) of this subsection and subparagraph (B )
ofthi s paragraph, if raw, raw-marinated and lightly cooked-marinated ~sh are served or sold in ready-
to-eat form, the person in charge shall record the freezing temperature and time to which the fish are
subjected and shall retain the records at the food establishment for 90 calendar days beyond the time
of service or sale of the fish.
(B) If the fish are frozen by a supplier, a written agreement or statement from the
supplier stipulating that the fish supplied are frozen to a temperature and for a time specified under
paragraph (1) of this subsection may substitute for the records specified under subparagraph (A) of
this paragraph.
(m) IReheating.
(1) Reheating for hot holding.
(A) Except as specified under subparagraphs (B), (C), and 0i) of this paragraph,
potentially hazardous food that is cooked, cooled, and reheated for hot holding shall be reheated so
that all parts of the food reach a temperature of at least 74 degrees Celsius (I65 degrees Fahrenheit)
for 15 seconds.
(B) Except as specified under subparagraph (C) of this paragraph, potentially
hazardous food reheated in a microwave oven for hot holding shall be reheated so that all parts of the
food reach a temperature of at least 74 degrees Celsius (165 degrees Fahrenheit) and the food is
rotated or stirred, covered, and allowed to stand covered for two minutes after reheating.
(C) Ready-to-eat food taken from a commercially-processed, hermetically-sealed
container, or from an intact package from a food processing plant that is inspected by the food
regulatory authority that has jurisdiction over the plant, shall be heated to a temperature of at least
60 degrees Celsius (140 degrees Fahrenheit) for hot holding.
(D) Reheating for hot holding shall be done rapidly and the minimum temperature
specified under subsection (n)(6)(B) or (C) of this section shall be reached within two hours.
1~229.164(m) ~229.164(n~
0i) Remaining unsliced portions of roasts of beef that are cooked as specified in
subsection (k)( 1 )(B) of this section may be reheated for hot holding using the oven parameters and
minimum time and temperature conditions specified in subsection (k)( 1 )(B) of this section.
(2) Preparation for immediate service. Cooked and refrigerated food that is prepared
for immediate service in response to an individual consumer order, such as a roast beef sandwich au
jus, may be served at any temperature.
(n) Time and temperature control.
(1) Frozen food. Stored frozen foods shall be maintained frozen.
(2) Potentially hazardous food, slacking. Frozen potentialiy hazardous food that is
slacked to moderate the temperature shall be held:
(A) under refrigeration that maintains the food temperature at 5 degrees Celsius
(41 degrees Fahrenheit) or less, or at 7 degrees Celsius (45 degrees Fahrenheit) or less as specified
in paragraph (6)(C) of this subsection; or
(B) at any temperature if the food remains frozen.
(3) Thawing. Potentially hazardous food shall be thawed:
(A) under refrigeration that maintains the food temperature at 5 degrees Celsius
(41 degrees Fahrenheit), or less; or at 7 degrees Celsius (45 degrees Fahrenheit) or less as specified
in paragraph (6)(C) of this subsection;
(B) completely submerged under running water:
(i) at a water temperature of 21 degrees Celsius (70 degrees Fahrenheit) or
below;
(ii) with sufficient water velocity to agitate and float off loose particles in
an overflow; and
(iii)for a period of time that does not allow thawed portions of ready-to-eat
food to rise above 5 degrees Celsius (4I degrees Fahrenheit), or 7 degrees Celsius (45 degrees
Fahrenheit) as specified in paragraph (6)(C) of this subsection; or
(iv) for a period of time that does not allow thawed portions of a raw animal
food requiring cooking as specified in subsection (k)(1)(A) or (B) of this section to be above 5
§229.164(n} ~229.164¢n}
degrees Celsius (41 degrees Fahrenheit) or 7 degrees Celsius (45 degrees Fahrenheit) as specified in
paragraph (6)(C) of this subsection for more than four hours including the time the food is exposed
to the running water and the time needed for preparation for cooking or the time it takes under
refrigeration to lower the food temperature to 5 degrees Celsius (41 degrees Fahrenheit) or to 7
degrees Celsius (45 degrees Fahrenheit) as specified in paragraph (6)(C) of this subsection;
(C) as part of a cooking process if the food that is frozen is:
(i) cooked as specified in subsection (k)(1)(A) or (B) or (k)(2) of this
section; or
(ii) tha~ved in a microwave oven and immediately transferred to conventional
cooking equipment, with no interruption in the process; or
(D) using any procedure that thaws a portion of frozen ready-to-eat food that is
prepared for immediate service in response to an individual consumer's order.
(4) Cooling.
(A) Cooked potentially hazardous food shall be cooled:
(i) from 60 degrees Celsius ( 140 degrees Fahrenheit) to 21 degrees Celsius
(70 degrees Fahrenheit) within two hours; and
(ii) from 21 degrees Celsius (70 degrees Fahrenheit) to 5 degrees Celsius (41
degrees Fahrenheit), or below, or to 7 degrees Celsius (45 degrees Fahrenheit) as specified in
paragraph (6)(C) of this subsection within four hours.
(B) Potentially hazardous food shall be cooled to 5 degrees Celsius (41 degrees
Fahrenheit) or below or to 7 degrees Celsius (45 degrees Fahrenheit) as specified in paragraph (6)(C)
of this subsection within four hours if prepared from ingredients at ambient temperature, such as
reconstituted foods and canned tuna.
(C) A potentially hazardous food received in compliance with laws allowing a
temperature above 5 degrees Celsius (41 degrees Fahrenheit) during shipment from the supplier shall
be cooled to 5 degrees Celsius (41 degrees Fahrenheit) or below within four hours or to 7 degrees
Celsius (45 degrees Fahrenheit) as specified in paragraph (6)(C) of this subsection within four hours.
(5) Cooling methods.
§229.164(n} §229.164(n}
(A) Cooling shall be accomplished in accordance with the time and temperature
criteria specified under paragraph (4) of this subsection by using one or more of the following
methods based on the type of food being cooled:
(i) placing the food in shallow pans;
(ii) separating the food into smaller or thinnet portions;
(iii)using rapid cooling equipment;
(iv) stirring the food in a container placed in an ice water bath:
(v) using containers that facilitate heat transfer:
(vi) adding ice as an ingredient; or
(vii)other effective methods.
(B) When placed in cooling or cold holding equipment, food containers in which
food is being cooled shall be:
(i) arranged in the equipment to provide maximum heat transfer through the
container walls; and
(ii) loosely covered, or uncovered if protected from overhead contamination
as specified under subsection (i)(1)(A)(ii) of this section, during the cooling period to facilitate heat
transfer from the surface of the food.
(6) Potentially hazardous food, hot and cold holding. Except during preparation,
cooking, or cooling, or when time is used as the public health control as specified under paragraph
(10) of this subsection, potentially hazardous food shall be maintained:
(A) at 60 degrees Celsius (140 degrees Fahrenheit) or above, except that roasts
cooked to a temperature and for a time specified in subsection (k)(1)(B) of this section may be
held at a temperature of 54 degrees Celsius (130 degrees Fahrenheit); or
(B) at 5 degrees Celsius (41 degrees Fahrenheit) or below, except as specified
under subparagraph (C) of this paragraph, paragraphs (7)-(9) of this subsection, and §229.165(0( i I )
of this title; or
(C) at 7 degrees Celsius (45 degrees Fahrenheit) provided the mechanical
1~229.164{n) §229.164(n}
refrigeration unit in which the food is held:
(i ) is currently in place and in use in the food establishment; and
(ii) is upgraded or replaced with a refrigeration unit that can meet the
requirements of subparagraph (B) of this paragraph within five years of adoption of these roles by the
department except that in-use food preparation line equipment is exempt from this requirement for
the life of the existing equipment provided that all potentially hazardous food stored in these
refrigeration units is clearly marked at the time of preparation or opening to indicate the date,
including the day of preparation, by which the food shall be consumed or disposed of within four
calendar days or less.
(D) Shell eggs must be held at an ambient temperature of 45 degrees Fahrenheit
or less. If the United States Department of Agriculture and the U.S. Food and Drug Administration
determine by law' that a lower temperature must be maintained, the lower temperature shall prevail.
(7) Prepared on premise ready-to-eat potentially hazardous food, date marking.
(A) Exceptas specified inparagraph(8)(C)ofthissubsection, refrigerated, ready-
to-eat potentially hazardous food prepared and held refrigerated for more than 24 hours in a food
establishment shall be clearly marked at the time of preparation to indicate the date, including the day
of preparation, by which the food shall be consumed which shall be:
(i) seven calendar days or less from the day that the food is prepared, if the
food is maintained at 5 degrees Celsius (41 degrees Fahrenheit) or less; or
(ii) four calendar days or less from the day the food is prepared, if the food
is maintained at 7 degrees Celsius (45 degrees Fahrenheit) or less as specified under paragraph (6)(C)
of this subsection.
(B) Except as specified in paragraph (8)(C) of this subsection, a ready-to-eat,
potentially hazardous food prepared in a food establishment and subsequently frozen, shall be clearly
marked:
(i) when the food is thawed, to indicate that the food shall be consumed
within 24 hours; or
(ii) when the food is placed into the freezer, to indicate the length of time
before freezing, including the day of preparation, that the food is held refrigerated:
~229.164(n) §229.1641'n~
(I) seven calendar days or less from the day of preparation, if the food
is maintained at 5 degrees Celsius (41 degrees Fahrenheit) or less; or
(II) four calendar days or less from the day of preparation, if the food
is maintained at 7 degrees Celsius (45 degrees Fahrenheit) or less as specified under paragraph (6)(C)
of this subsection.
(iii) when the food is removed from the freezer, to indicate the date by which
the food shalI be consumed which is:
(I) seven calendar days or less after the food is removed from the
freezer, minus the time before freezing, that the food is held refrigerated if the food is maintained at
5 degrees Celsius (41 degrees Fahrenheit) or less before and after freezing; or
(II) four calendar days or less after the food is removed from the
freezer, minus the time before freezing, that the food is held refrigerated if the food is maintained at
7 degrees Celsius (45 degrees Fahrenheit) or less as specified under paragraph (6)(C) of this
subsection before and after freezing.
(8) Commercially processed ready-to-eat potentially hazardous food, date marking.
(A) Exceptas specifiedinsubparagraphs(C)and(D)ofthisparagraph, acontainer
of refrigerated, ready-to-eat potentially hazardous food prepared and packaged by a food processing
plant shall be clearly marked, at the time the original container is opened in a food establishment, to
indicate the date, including the day the original container is opened, by which the food shall be
consumed which is:
(i) seven calendar days or less after the original container is opened, if the
food is maintained at 5 degrees Celsius (41 degrees Fahrenheit) or less; or
(ii) four calendar days or less from the day the original container is opened,
if the food is maintained at 7 degrees Celsius (45 degrees Fahrenheit) or less as specified under
paragraph (6)(C) of this subsection.
(B) Except as specified in subparagraphs (C) and (D) of this paragraph, a container
of refrigerated, ready-to-eat potentially hazardous food prepared and packaged by a food processing
plant and subsequently opened and frozen in a food establishment shall be clearly
marked:
(i) when the food is thawed, to indicate that the food shall be consumed
within 24 hours; or
(ii) to indicate the time between the opening of the original container and
I
§229.164(n) §229.1641'n~
freezing that the food is held refrigerated and which is, including the day of opening the original
container:
(I) seven calendar days or less, after opening the original container if
the food is maintained at 5 degrees Celsius (41 degrees Fahrenheit) or less; or
(II) four calendar days or less after opening the original container if the
food is maintained at 7 degrees Celsius (45 degrees Fahrenheit) or less as specified under paragraph
(6)(C) of this subsection; and
(iii) whenthe food is removed from the freezer, to indicate the date by which
the food shall be consumed which is:
(I) seven calendar days, minus the time before freezing, that the food
is held refrigerated if the food is maintained at 5 degrees Celsius (41 degrees Fahrenheit) or less
before and after freezing; or
(II) four calendar days, minus the time before freezing, that the food
is held refrigerated if the food is maintained at 7 degrees Celsius (45 degrees Fahrenheit) or less as
specified under paragraph (6)(C) of this subsection before and after freezing.
(C) Paragraphs (7)(A) and (B) and (8)(A) and (B) ofthis subsection do not apply
to individual meal portions served or repackaged for sale from a bulk container upon a consumer's
request.
(D) Paragraph (8)(A) and (B) of this subsection do not apply to whole, unsliced
portions of a cured and processed product with original casing maintained on the remaining portion,
such as bologna, salami, or other sausage in a cellulose casing.
(9) Ready-to-eat potentially hazardous food, disposition.
(A) A food specified in paragraph (7)(A) of this subsection shall be discarded if
not consumed within:
(i) seven calendar days from the date of preparation if the food is maintained
at 5 degrees Celsius (41 degrees Fahrenheit) or less; or
(ii) four calendar days from the date of preparation if the food is maintained
at 7 degrees Celsius (45 degrees Fahrenheit) or less as specified under paragraph (6)(C) of this
subsection
(B) A food specified under paragraphs (7)(B)(i) or (8)(B)(i) of this subsection
shall be discarded if not consumed within 24 hours after thawing.
1~229.164(n) 15229.164(n)
(C) A food specified under paragraphs (7)(B)(ii) and (iii) or (8)(B)(ii) and (iii) of
this subsection shall be discarded on or before the most recent date marked on the food container or
package if the food is not consumed by that date.
(D) Afoodspecifiedunderparagraph(8)(A)ofthissubsectionshallbediscarded
if not consumed within, including the day of opening the original container:
(i) seven calendar days after the date that the original package is opened in
a food establishment if the food is maintained at 5 degrees Celsius (4l degrees Fahrenheit) or less;
or
(ii) four calendar days after the date that the original package is opened in
a food establishment if the food is maintained at 7 degrees Celsius (45 degrees Fahrenheit) or less as
specified under paragraph (6)(C) of this subsection.
(E) A food specified under paragraphs (7)(A) or 0il) and (8)(A) or (B) of this
subsection shall be discarded if the food is:
(i) marked with the date specified under paragraphs (7)(A) or (B) or (8)(A)
or (B) of this subsection and the food is not consumed before the most recent date expires;
(ii) in a container or package which does not bear a date or time; or
(iii) inappropriately marked with a date or time that exceeds the date or time
specified under paragraphs (7)(A) or (B) or (8)(A) or (B) of this subsection.
(F) Refrigerated, ready-to-eat potentially hazardous food prepared in a food
establishment and dispensed through a vending machine with an automatic shut-off control that is
activated at a temperature of:
(i) 5 degrees Celsius (41 degrees Fahrenheit) shall be discarded if not sold
within seven days; or
(ii) 7 degrees Celsius (45 degrees Fahrenheit) shall be discarded if not sold
within four days.
(10) Time as a public health control. If time only, rather than time in conjunction with
temperature, is used as the public health control for a working supply of potentially hazardous food
before cooking, or for ready-to-eat potentially hazardous food that is displayed or held for service
for immediate consumption:
(A) the food shall be marked, labeled, tagged, orotherwiseunmistakablyidentified
to indicate the time which is four hours past the point when the food was removed from
~229.164 (n) .~229. 164(0)
temperature control;
(B) the food shall be cooked and served, served ifa ready-to-eat food, or discarded
~vithin four hours of the time at which the food was removed from temperature control;
(C) the food in unmarked containers or packages or marked to exceed a four hour
limit shall be discarded; and
(D) written procedures shall be maintained in the food establishment and made
available to the regulatory authority upon request, to ensure compliance with:
(i) subparagraphs (A)-(C) of this paragraph; and
(ii) paragraph (4) of this subsection for food that is prepared, cooked, and
refrigerated before time is used as a public health control.
(o) Specialized processing methods.
( 1 ) Variance requirement for specialized processes. A food establishment shall obtain
a variance as specified in §229.171(c)(1) and (2) of this title (relating to Compliance and
Enforcement) before smoking or curing food; using food additives or adding components such as
vinegar as a method of food preservation rather than as a method of flavor enhancement or to render
a food nonpotentially hazardous; using a reduced oxygen method of packaging food except as
specified in paragraph (2) of this subsection where a barrier to Clostridium botulinum in addition to
refrigeration exists; or preparing food by another method that is determined by the regulatory
authority to require a variance
(2) Reduced oxygen packaging, criteria.
(A) A food establishment that packages food using a reduced oxygen packaging
method shall have a HACCP Plan that contains the information specified under §229.171(d)(2)(D)
of this rifle and that:
(i) identifies the food to be packaged;
(ii) limits the food packaged to a food that does not support the growth of
Clostridium botulinum because it complies with one of the following:
(I) has a water activity (aw) of 0.91 or less;
(II) has a hydrogen ion concentration (pH) of 4.6 or less;
§229.164(o~ ~229.164(o ~
(III) is a meat or poultry product cured at a food processing plant
regulated by the U.S Department of Agriculture or the department, and is received in an intact
package; or
(IV) is a food with a high level of competing organisms such as raw
meat or raw poultry;
(iii) specifies methods for maintaining food at 5 degrees Celsius (4 1 degrees
Fahrenheit) or below;
(iv) describes how the packages shall be prominently and conspicuously
labeled on the principal display panel in bold type on a contrasting background, with instructions to:
(I) maintain the food at 5 degrees Celsius (4 1 degrees Fahrenheit) or
below; and
(II) discard the food if within 14 calendar days of its packaging if it is
not served for on-premises consumption, or consumed if served or sold for off-premises con sumpti on;
(v) limits the shelf life to no more than 14 calendar days from packaging to
consumption or the original manufacturers "sell by" or "use by" date, whichever occurs first;
(vi) includes operational procedures that:
(I) require employees contacting foods with bare hands to wash hands
properly or utilize proper utensils;
(II) identifyadesignatedareaandthemethodbywhichphysicalbarriers
or methods of separation of raw foods and ready-to-eat foods minimize cross contamination, and
access to the processing equipment is restricted to responsible trained personnel familiar with the
potential hazards of the operation;
(III) delineate cleaning and sanitization procedures for food-contact
surfaces; and
(vii) describesthetrainingprogramthatensuresthattheindividualresponsible
for the reduced oxygen packaging operation understands the:
(I) concepts required for a safe operation;
52
15229.164(o} ~229.164(~1~1
(II) equipment and facilities; and
(III) procedures specified in paragraph (2)(A)(vi) of this subsection and
§229.171 (d)(2)(D) of this title.
(B) Except for fish that is frozen before, during, and after packaging, a food
establishment may not package fish using a reduced oxygen packaging method. Some foods, such
as hard cheeses, may not require a HACCP plan.
(p) Food identity and accurate representation.
(I) Standards of identity. Packaged food shall comply with standard of identity
requirements in 21 CFR 131-169 and 9 CFR 319 Definitions and Standards of Identity or
Composi lion, 9 C FR 381.156-381.171, 38 I. 173 and 38 I. 174 Standards of Identity for Poultry and
Poultry Products, and the general requirements in 21 CFR 130 Food Standards: General, and 9 CFR
319 Subpart A General.
(2) Honestly presented
(A) Food shall be offered for human consumption in a way that does not mislead
or misinform the consumer~
(B) Food or color additives, colored overwraps, or lights may not be used to
misrepresent the tree appearance, color, or quality of food.
(q) Labeling.
(1) Food labels.
(A) Food packaged in a food establishment shall be labeled according to law,
including 21 CFR 101 Food Labeling, 9 CFR 317 Labeling, Marking Devices, and Containers, and
9 CFR 381 Subpart N Labeling and Containers. Label information shall include:
(i) the common name of the food, or absent a common name, an adequately
descriptive identity statement;
(ii) if made from two or more ingredients, a list of ingredients in descending
order of predominance by weight, including a declaration of artificial color or flavor and chemical
preservatives, if contained in the food;
(iii) an accurate declaration of the quantity of contents;
~229.164~q) ~229.164(~}
(iv) the name and place of business of the manufacturer, packer, or
distributor; and
(v) except as exempted in the Federal Food, Drug, and Cosmetic Act
§403(Q)(3)-(5), nutrition labeling as specified in 21 CFR 101 - Food Labeling and 9 CFR 317
Subpan B - Nutrition Labeling.
(B) Except as specified in paragraph (2)(C) of this subsection, food that is not
packaged need not be labeled unless a health or nutrient content claim is made~
(2) Other forms of information.
(A) Consumer information, such as nutritional information, and consumerwamings
if required by law, shall be provided.
(B) Food establishment or manufacturers' dating information on foods may not be
concealed or altered.
(C) Bulk food that is available for consumer self-dispensing shall be prominently
labeled with the following information in plain view of the consumer:
(i) the manufacturer's or processor's label that was provided with the food;
or
(ii) a card, sign, or other method of notification that includes:
(I) the common name of the food;
(II) a list of ingredients in order of predominance;
(III) adeclarafionofarfificialcolororflavorandchemicalpreservatives,
if contained in the food; and
(IV) nutrition labeling if specified in 21 CFR I01 Food Labeling.
(D) Bulk, unpackaged foods which are apportioned to consumers with the
assistance of food establishment personnel, including bakery products, need not be labeled if:
(i) a health, nutrient content claim, or other claim is not made;
(ii) the food is manufactured or prepared on the premises of the food
§229.164 (q) 1~229. 164(s)
establishment or a food processing plant that is owned by the same person and is licensed by the food
regulatory agency that has primary jurisdiction; and
(iii) ingredients contained in the food, including potential allergens, are
provided to the consumer on request from a recipe book or by other means.
(3) Menu claims.
(A) Ira nutrient content claim or health claim is made, such claims shall conform
to the definitions of such terms found in 21 Code of Federai Regulations Part 101
(B) Claims must be capable of being substantiated. Substantiation may be based
upon a recipe for the food, or a database developed and tested nationally and acceptable to the
regulatory authority. Evidence of substantiation must be supplied to the regulatory authority upon
request.
(C) Nutritional information must be made available to the consumer upon request
for any food for which a nutrient content claim or health claim is made.
(r) Consumer advisory. Food establishments which deliver shellfish to a consumer for raw
consumption shall inform consumers by brochures, deli-case or menu advisories, label statements,
table tents, placards, or other effective written means of the significantly increased risk associated
with certain especially vulnerable consumers eating such shellfish in raw or undercooked form. The
language in the advisory shall be as follows unless otherwise approved by the Retail Foods Division
in the department in response to a written request from the food establishment: THERE IS A RISK
ASSOCIATED WITH CONSUMING RAW OYSTERS OR ,~,/Y RAW ANIMAL PROTEIN. IF
YOU HAVE CHRONIC ILLNESS OF THE LIVER, STOMACH, OR BLOOD, OR HAVE
IMMUNE D IS ORDERS, YOU ARE AT GKEATES IRIS K OF ILLNESS FROM RAW OYSTERS
AND SHOULD EAT OYSTERS FULLY COOKED. IF UNSURE OF YOUR RISK, CONSULT
YOUR PHYSICIAN.
(s) Disposition, contaminated food.
(1) Unsafe, adulterated, or not honestly presented food. A food that is unsafe,
adulterated, or not honestly presented as specified in subsection (a) of this section shall be
reconditioned according to a procedure approved by the regulatory authority or discarded. It shall
be the responsibility of the owner of the product to present a reconditioning plan to the regulatory
authority for review. If, after review of the plan, the regulatory authority determines that the
reconditioned product will be safe, unadulterated, and not misrepresented, the regulatory authority
shall approve the reconditioning plan.
l~229.164(s) §229.164{t}
(2) Food from unapproved source. Food that is not from an approved source as
specified in subsection (b)( 1 )-(7) of this section is subject to detention by the regulatory authority or
shall be discarded.
(3) Contaminated ready-to-eat food. Ready-to-eat food that may have become
contaminated by an employee who has been restricted or excluded as specified in §229 I63(d)(2) of
this title shall be discarded.
(4) Food contaminated by personal contact. Food that is contaminated by food
employees, consumers, or other persons through contact with their hands, bodily discharges, such
as nasal or oral discharges, or other means shall be discarded.
(t) Donation of foods.
(1) Previous service. Foods which have been previously served to a consumer may not
be donated.
(2) Potentially hazardous foods. A potentially hazardous food may be donated if:
(A) the food has been kept at or above 60 degrees Celsius (140 degrees
Fahrenheit) during hot holding and service, and subsequently refrigerated to meet the time and
temperature requirements under subsection (n)(4) and (5) of this section;
(B) the donor can substantiate that the food recipient has the facilities to meet the
transportation, storage, and reheating requirements of these roles;
(C) the temperature of the food is at or below 5 degrees Celsius (41 degrees
Fahrenheit) at the time of donation, and is protected from contamination; and
(D) if the food is to be transported by the recipient directly to a consumer, the
recipient need meet only the transportati on requirements, including holding temperatures, under these
roles.
(3) Labeling. Donated foods shall be labeled with the name of the food, the source of
the food, and the date of preparation.
(4) Shelf life. Donated potentially hazardous foods may not exceed the shelf life for
leftover foods outlined in these rules.
(5) Damaged foods. Heavily rim or seam-dented canned foods, or packaged foods
without the manufacturer' s complete labeling, shall not be donated.
1~229.164(t} 1~229.164(u}
(6) Disu. essed foods. Foods which are considered distressed, such as foods which have
been subjected to fire, flooding, excessive heat, smoke, radiation, other environmental contamination,
or prolonged storage shall not be directly donated for consumption by the consumer. Such foods may
be sold or donated to a licensed food salvage establishment if permitted under the provisions of the
Health and Safety Code, Chapter 432.
(u) Additional safeguards, requirements for food establishments serving highly susceptible
populations.
(1) Apple juice beverages. Apple juice, apple cider, and other beverages containing
apple juice served to a highly susceptible population shall be obtained pasteurized, or in a
commercially sterile shelf-stable form in a hermetically sealed container.
(2) Pasteurized eggs, egg products. Pasteurized shell eggs or pasteurized liquid, frozen,
or dry eggs or egg products shall be substituted for raw shell eggs in the preparation of:
(A) foods such as Caesar salad, hollandaise or bearnaise sauce, mayonnaise, egg
hog, ice cream, and egg-fortified beverages; and
(B) eggs that are broken, combined in a container, and not cooked immediately
or eggs that are held before service following cooking.
(3) Food in unopened original packages. Food in an unopened original package may
not be re-served
(4) Raw animal foods. Raw animal food such as raw or raw-marinated fish; raw
molluscan shellfish; steak tanare; or a partially cooked food such as lightly cooked fish, rare meat,
and soft-cooked eggs may not be served or offered for sale in a ready-to-eat form.
S7
~229.1651'a) ~229.165(a)
§229.165 Equipment, Utensils, and Linens.
(a) Multiuse materials.
(l) Characteristics. Materials that are used in the construction of utensils and food-
contact surfaces of equipment may not allow the migration of deleterious substances or impart colors,
odors, or tastes to food and under normal use conditions shall be:
(A) safe;
(B) durable, corrosion-resistant, and nonabsorbent;
(C) sufficient in weight and thickness to withstand repeated ware~vashing;
(D) finished to have a smooth, easily cleanable surface; and
(E) resistant to pitLing, chipping, crazing, scratching, scoring, distortion, and
decomposition.
(2) Cast iron, use limitation.
(A) Except as specified in subparagraphs (B) and (C) of this paragraph, cast iron
may not be used for utensils or food-contact surfaces of equipment.
(B) Cast iron may be used as a surface for cooking.
(C) Cast iron may be used in utensils for serving food if the utensils are used only
as part of an uninterrupted process from cooking through service.
(3) Lead in ceramic, china, and crystal utensils, use limitation. Ceramic, china, crystal
utensils, and decorative utensils such as hand painted ceramic or china that are used in contact with
food shall be lead-free or contain levels of lead not exceeding the limits shown in the following table:
Figure 1:25 TAC §229.165(a)(3)
(4) Copper, use limitation.
(A) Exceptasspecifiedinsubparagraph(B)ofthisparagraph, copper and copper
alloys such as brass may not be used in contact with a food that has a pH below 6 such as vinegar,
fruit juice, or wine or for a fitting or tubing installed between a backflow prevention device and a
~229.165(a~ ~229.165~a~
carbonator.
(B) Copper and copper alloys may be used in contact with beer brewing
ingredients that have a pH below 6 in the prefermentation and fermentation steps of a beer brewing
operation such as a brewpub or microbrewery.
(5) Galvar~zed metal, use limitation. Galvanized metal may not be used for utensils
or food-contact su~aces of equipment that are used in contact with acidic food.
(6) Sponges, use limitation. Sponges may not be used in contact with cleaned and
sanitized or in-use food-contact surfaces.
(7) Lead in pewter alloys, use limitation. Pewter a~loys containing lead in excess of
0.05% may not be used as a food contact su~ace.
(8) Lead in solder and flux, use limitation. Solder and flux containing lead in excess
of 0.2% may not be used as a food contact su~'ace.
(9) Wood, use limitation.
(A) Except as specified in subparagraphs (B)- (E) of this paragraph, wood and
wood wicker may not be used as a food~contact su~ace.
(I~) Hard maple or an equivalently hard, close-grained wood may be used for:
(i) cutting boards; cuing blocks; bakers' tables; and utensils such as
rolling pins, doughnut dowels, salad bowls, and chops~cks; and
(ii) wooden paddies used in confectionery operations forpressure scraping
kettles when manually preparing confections at a temperature of 110 degrees Celsius (230 degrees
Fahrenheit) or above.
(C) Whole, uncut, raw fruits and vegetables, and nuts in the shell may be kept
in the wood sh~pping containers in which they were received, until the fruits, vegetables, or nuts a~e
used.
(D) If the nature of the food requires removal of r~nds, peels, husks, or shells
before consumption, the whole, uncut, raw food may be kept in:
(i) untreated wood containers; or
~229.165{a) ~229.165fd}
(ii) treated wood containers if the containers are treated with a preservative
that meets the requirements specified in 21 CFR 178.3800, Preservatives for wood.
(E) Wooden wicker baskets used for the proofing of bread can be used provided
the product is fully baked after proofing in these baskets.
(10) Nonstick coatings, use limitation. Multiuse kitchenware such as frying pans,
griddles, sauce pans, cookie sheets, and ~vaffie bakers that have a perfiuorocarbon resin coating shall
be used with nonscoring or nonscratching utensils and cleaning aids~
(I1) Nonfood-contact surfaces~ Nonfood-contact surfaces of equipment that are
exposed to splash, spillage, or other food soiling or that require frequent cleaning shall be constructed
of a corrosion-resistant, nonabsorbent, and smooth material.
(b) Single-service and single-use, characteristics. Materials that are used to make single-
service and single-use articles:
(1) may not:
(A) allow the migration of deleterious substances; or
(B) impart colors, odors, or tastes to food; and
(2) shall be:
(A) safe; and
(B) clean.
(c) Durability and strength.
(1) Equipment and utensils. Equipment and utensils shall be designed and constmcted
to be durable and to retain their characteristic qualities under normal use conditions.
(2) Food temperature measuring devices. Food temperature measuring devices may
not have sensors or stems constructed of glass, except that thermometers with glass sensors or stems
that are encased in a shatterproof coating such as candy thermometers may be used.
(d) Cleanability.
(1) Food-contact surfaces. Multi use food-contact surfaces shall be:
§229.165(d) ~229.165{d)
(A) smooth;
(B) free of breaks, open seams, cracks, chips, pits, and similar imperfections;
(C) free of sharp intemal angles, corners, and crevices;
(D) finished to have smooth welds and joints; and
(E) accessible for cleaning and inspection by one of the following methods:
(i) without being disassembled;
(ii) by disassembling without the use of tools; or
(iii) by easy disassembling with the use of handheld tools commonly
available to maintenance and cleaning personnel such as mat lets, screwdrivers, pliers, or wrenches that
are kept near the equipment and are accessible for use.
(2) Cleaned in place (CUD) equipment.
(A) CIP equipment shall meet the characteristics specified under paragraph (1)
of this subsection and shall be designed and constructed so that:
(i) cleaning and sanitizing solutions circulate throughout a fixed system
and contact all interior food-contact surfaces; and
(ii) the system is self-draining or capable of being completely drained of
cleaning and sanitizing solutions.
(B) CUD equipment that is not designed to be disassembled for cleaning shall be
designed with inspection access points to ensure that all interior food-contact surfaces throughout
the fixed system are being effectively cleaned.
(3) "V" threads, use limitation. "V" type threads may not be used on food-contact
surfaces. This paragraph does not apply to hot oil cooking or filtering equipment.
(4) Hot oil filtering equipment. Hot oil filtering equipment shall meet the
characteristics specified under paragraphs (I) or (2) of this subsection and shall be readily accessible
for filter replacement and cleaning of the filter.
(5) Can openers. Cutting or piercing parts of can openers shall be readily removable
~229.165(d} 1~229.1651'e}
for cleaning and for replacement.
(6) Nonfood-contact surfaces. Nonfood-contact surfaces shall be free of unnecessary
Iedges, projections, and crevices, and designed and constructed to allow easy cleaning and to facilitate
maintenance.
(7) Kick piates, removable. Kick plates, if used, shall be designed so that the areas
behind them are accessible for inspection and cleaning by being:
(A) removable by one of the methods specified in paragraph (1)(E) of this
subsection or capable of being rotated open; and
(B) removable or capable of being rotated open without unlocking equipment
doors.
(8) Ventilation hood systems, filters. Filters or othergrease extracting equipment shall
be designed to be readily removable for cleaning and replacement if not designed to be cleaned in
place.
(e) Accuracy of temperature measuring devices.
(I) Temperature measuring device, food.
(A) FoodtemperaturemeasuringdevicesthatarescaledonlyinCelsiusordually
scaled in Celsius and Fahrenheit shall be accurate to plus or minus 1 degrees Celsius (18 degrees
Fahrenheit) in the intended range of use.
(B ) Food temperature measuring devices that are scaled only in Fahrenheit shall
be accurate to plus or minus 2 degrees Fahrenheit in the intended range of use.
(2) Temperature measuring device, ambient air and water.
(A) Ambient air and water temperature measuring devices that are scaled in
Celsius or dually scaled in Celsius and Fahrenheit shall be designed to be easily readable and accurate
to plus or minus 1.5 degrees Celsius (2.7 degrees Fahrenheit) in the intended range of use.
(B) Ambient air and water temperature measuring devices that are scaled only
in Fahrenheit shall be accurate to plus or minus 3 degrees Fahrenheit in the intended range of use
(3) Pressure measuring devices, mechanical warewashing equipment. Pressure
§229.165(e) 1~229. 165(t'}
measuring devices that display the pressures in the water supply line for the fresh hot water sanitizing
rinse shall have increments of 7 kilopascals (1 pound per square inch) or smaller and shall be accurate
to plus or minus 14 kilopascals (plus or minus 2 pounds per square inch) in the 100-170 kilopascals
( 15-25 pounds per square inch) range.
(t') Functionality of equipment.
(1) Ventilation hood systems, drip prevention. Exhaust ventilation hood systems in
food preparation and warewashing areas including components such as hoods, fans, guards, and
ducting shall be designed to prevent grease or condensation from draining or dripping onto food,
equipment, utensils, linens, and single-service and single-use articles.
(2) Equipment openings, closures and deflectors.
(A) A cover or lid for equipment shall overlap the opening and be sloped to drain.
(B) An opening located within the top of a unit of equipment that is designed for
use with a cover or lid shall be flanged upward at least 5 millimeters (two-tenths of an inch).
(C) Except as specified under subparagraph (D) of this paragraph, fixed piping,
temperature measuring devices, rotary shafts, and other parts extending into equipment shall be
provided with a watertight joint at the point where the item enters the equipment,
(D) If a watertight joint is not provided:
(i) the piping, temperature measuring devices, rotary shafts, and other
parts extending through the openings shall be equipped with an apron designed to deflect
condensation, drips, and dust from food openings; and
(ii) the opening shall be ranged as specified under subparagraph (B) of this
paragraph.
(3) Dispensing equipment, protection of equipment and food. In equipment that
dispenses or vends liquid food or ice in unpackaged form:
(A) the delivenj tube, chute, orifice, and splash surfaces directly above the
container receiving the food shall be designed in a manner, such as with barriers, baffles, or drip
aprons, so that drips from condensation and splash are diverted from the opening of the container
receiving the food;
§ 229.1651't} l~229.165(1}
(B) the delivery tube, chute, and orifice shall be protected from manual contact
such as by being recessed;
(C) the delivery tube or chum and orifice of equipment used to vend liquid food
or ice in unpackaged form to self-service consumers shall be designed so that the delivery tube or
chute and orifice are protected from dust, insects, rodents, and other contamination by a self-closing
door if the equipment is:
(i) located in an outside area that does not otherwise afford the protecti on
of an enclosure against the rain, windblown debris, insects, rodents, and other contaminants that are
present in the environment; or
(ii) available for self-service during hours when it is not under the full-time
supervision of a food employee; and
(D) the dispensing equipment actuating lever or mechanism and filling device of
consumer self-service beverage dispensing equipment shall be designed to prevent contact with the
lip-contact surface of glasses or cups that are refilled.
(4) Vending machine, vending stage closure. The dispensing compartment of a
vending machine including a machine that is designed to vend prepackaged snack food that is not
potentially hazardous such as chips, party mixes, and pretzels shall be equipped with a self-closing
door or cover if the machine is:
(A) located in an outside area that does not otherwise afford the protection of
an enclosure against the rain, windblown debris, insects, rodents, and other contaminants that are
present in the environment; or
(B) available for self-service during hours when it is not under the full-time
supervision of a food employee.
(5) Bearings and gear boxes, leakproof. Equipment containing bearings and gears that
require lubricants shall be designed and constructed so that the lubricant cannot leak, drip, or be
forced into food or onto food-contact surfaces.
(6) Beverage tubing, separation. Beverage tubing and cold-plate beverage cooling
devices may not be installed in contact with stored ice. This section does not apply to cold plates that
are constructed integrally with an ice storage bin.
(7) Ice units, separation of drains. Liquid waste drain lines may not pass through an
ice machine or ice storage bin.
1~229.1651't) §229.165~f}
(8) Condenser unit, separation. If a condenser unit is an integral component of
equipment, the condenser unit shall be separated from the food and food storage space by a dustproof
barrier.
(9) Can openers on vending machines. Cutting or pieruing pans of can openers on
vending machines shall be protected from manual contact, dust, insects, rodents, and other
contamination.
(10) Molluscan shellfish tanks.
(A) Except as specified under subparagraph (B) of this paragraph, molluscan
shellfish life-support system display tanks may only be used to display shellfish that are not offered
for human consumption and shall be conspicuously marked so that it is obvious to the consumer that
the shellfish are for display only.
(B) Molluscan shellfish life-support system display tanks that are used to store
and display shellfish that are offered for human consumption shall be operated and maintained in
accordance with a Hazard Analysis Critical Control Point (HACCP) Plan that:
(i) is submitted by the permit holder and approved by the regulator3,
authority as specified under §229.171(c) of this title (relating to Compliance and Enforcement); and
(ii) ensures that:
(I) water used with fish other than molluscan shellfish does not flow
into the molluscan tank;
(II) the safety and quality of the shellfish as they were received are
not compromised by use of the tank; and
(III) theidentityofthesourceoftheshellstockisretainedasspecified
under §229.164(d)(2) of this title (relating to Food), and the source information is displayed with the
shellstock as required in §229.164(c)(9) of this rifle.
( 11 ) Vending machines, automatic shutoff.
(A) A machine vending potentially hazardous food shall have an automatic
control that prevents the machine from vending food:
(i) if there is a power failure, mechanical failure, or other condition that
§229.1651'f} §229.165{f}
results in an internal machine temperature that cannot maintain food temperatures as specified under
§229,164 of this title; and
(ii) ifa condition specified in clause (i) of this subparagraph occurs, until
the machine is serviced and restocked with food that has been maintained at temperatures specified
under §229.164 of this title,
(B) The temperature specified for activation of the automatic shutoff within a
machine vending potentially hazardous food may deviate from the temperature and for a time as
follo~vs:
(i) in a refrigerated vending machine, at an ambient temperature of 7
degrees Celsius (45 degrees Fahrenheit) or more, for no more than 30 minutes immediately after the
machine is filled, serviced, or restocked; or
(ii) in a hot holding vending machine, at an ambient temperature of less
than 60 degrees Celsius (140 degrees Fahrenheit), for no more than 120 minutes after the machine
is filled, serviced, or restocked.
(12) Temperature measuring devices.
(A) In a mechanically-refrigerated or hot food storage unit, the sensor of a
temperature measuring device shall be located to measure the air temperature in the warmest part of
a mechanically-refrigerated unit and in the coolest part of a hot food storage unit.
(B) Exceptasspecifiedinsubparagraph(C)ofthisparagraph, coldorhotholding
equipment used for potentially hazardous food shall be designed to include and shall be equipped with
at least one integral or permanently affixed temperature measuring device that is located to allow easy
viewing of the device's temperature display.
(C) Subparagraph (B) ofthis paragraph does not apply to equipment for which
the placement of a temperature measuring device is not a practical means for measuring the ambient
air surrounding the food because of the design, type, and use of the equipment, such as calrod units,
heat lamps, cold plates, bainmaries, steam tables, insulated food transport containers, and salad bars.
(D) Temperature measuring devices shall be designed to be easily readable.
(E) Food temperature measuring devices and water temperature measuring
devices on warewashing machines shall have a numerical scale, printed record, or digital readout in
increments no greater than 1 degree Celsius or 2 degrees Fahrenheit in the intended range of
1~229.165(T~ l~229.165(f}
use,
(13) Warewashing machine, data plate operating specifications. A warewashing
machine shall be provided with an easily accessible and readable data plate affixed to the machine by
the manufacturer that indicates the machine's design and operating specifications including the:
(A) temperatures required for washing, rinsing, and sanitizing;
(B) pressure required for the fresh water sanitizing rinse unless the machine is
designed to use only a pumped sanitizing rinse; and
(C) conveyor speed for conveyor machines or cycle time for stationary rack
machines.
(14) Warewashing machines, intemal baffles. Warewashing machine wash and rinse
tanks shall be equipped with baffles, curtains, or other means to minimize internal cross-
contamination of the solutions in wash and rinse tanks.
(15) Warewashing machines, temperature measuring devices. A warewashing machine
shall be equipped with a temperature measuring device that indicates the temperature of the water
in each wash and rinse tank, and as the water enters the hot water sanitizing final rinse manifold or
in the chemical sanitizing solution tank.
(16) Manual warewashing equipment, heaters and baskets. If hot water is used for
sanitization in manual warewashing operations, the sanitizing compartment of the sink shall be:
(A) designed with an integral heating device that is capable ofmaintaining water
at a temperature not less than 77 degrees Celsius (171 degrees Fahrenheit); and
(B) provided with a rack or basket to allow complete immersion of equipment
and utensils into the hot water.
(17) Warewashing machines, sanitizer level indicator. A warewashing machine that uses
a chemical for sanitization and that is installed alter adoption of these rules shall be equipped with a
device that indicates audibly or visually when more chemical sanitizer needs to be added.
(18) Warewashing machines, flow pressure device.
(A) Warewashing machines that provide a fresh hot water sanitizing rinse shall
be equipped with a pressure gauge or similar device such as a transducer that measures and displays
the water pressure in the supply line immediately before entering the warewashing machine.
~229.1651T} ~229.165(f~
(B) If'the flow pressure measuring device is upstream of the fresh hot water
sanitiz~ng rinse control valve, the device shall be mounted in a 6.4 millimeter or one-fourth inch Iron
Pipe Size (IPS) valve.
(C) Subparagraphs (A) and (B) of this paragraph do not apply to a machine that
uses only a pumped or recirculated sanitizing rinse.
(19) Wm'ewashing sinks and drain boards, self-draining. Sinks and drain boards of
warewashing sinks and machines shall be self-draining.
(20) Equipmentcompartments, drainage. Equipmentcompartmentsthataresubjectto
accumulation of moisture due to conditions such as condensation, food or beverage drip, or water
from melting ice shall be sloped to an outlet that allows complete draining.
(21) Vending machines, liquid waste products.
(A) Vending machines designed to store beverages that are packaged in
containers made from paper products shall be equipped with diversion devices and retention pans or
drains for container leakage.
(B) Vending machines that dispense liquid food in bulk shall be:
(i) providedwithaninternallymountedwastereceptacleforthecollection
of drip, spillage, overflow, or other internal wastes; and
(ii) equipped with an automatic shutoff'device that will place the machine
out of operation before the waste receptacle overflows.
(C) Shutoff devices specified in subparagraph (B)(ii) of this paragraph shall prevent
water or liquid food from continuously running if there is a failure of a flow control device in the water
or liquid food system or waste accumtdation that could lead to ove~ow of the waste receptacle.
(22) Case lot handling equipment, moveability. Equipment, such as dollies, pallets,
racks, and skids used to store and transport large quantifies of packaged foods received from a
supplier in a cased or over wrapped lot, shall be designed to be moved by hand or by conveniently
available equipment such as hand trucks and forklifts.
(23) Vending machine doors and openings.
~229.165(f) ~229.165(g}
(A) Vending machine doors and access opening covers to food and container
storage spaces shall be tight-fitting so that the space along the entire interface between the doors or
covers and the cabinet of the machine, if the doors or covers are in a closed position, is no greater
than 1.5 millimeters or one-sixteenth inch by:
(i) being covered with louvers, screens, or materials that provide an
equivalent opening ofnotgreaterthan 1.5 millimeters orone-sixteenth inch. Screening of l2ormore
mesh to 25 centimeters (12 mesh to 1 inch) meets this section;
(ii) being effectively gasketed;
(iii) havinginterfacesurfacesthatareatleastl3millimetersorone-halfinch
wide; or
(iv) jambs or surfaces used to form an L-shaped entry path to the interface.
(B) Vending machine service connection openings through an exterior wall of
a machine shall be closed by sealants, clamps, or grommets so that the openings are no larger than
1.5 millimeters or one-sixteenth inch.
(24) Food equipment certification, classification, acceptability. Food equipment that
is certified or classified for sanitation by an American National Standards Institute (ANSI)-accredited
certification program will be deemed to comply with subsections (a)-(f) of this section.
(g) Equipment, numbers and capacities.
( 1 ) Cooling, heating, and holding capacities. Equipment for cooling and heating food,
and holding cold and hot food, shall be sufficient in number and capacity to provide food
temperatures as specified under §229. 164 of this rifle.
(2) Manual warewashing, sink compartment requirements.
(A) Except as specified in subparagraph (C) of this paragraph, a sink with at least
three compartments shall be provided for manually washing, rinsing, and sanitizing equipment and
utensils.
(B) Sink compartments shall be large enough to accommodate immersion of the
largest equipment and utensils. If equipment or utensils are too large for the warewashing sink, a
warewashing machine or alternative equipment as specified in subparagraph (C) of this paragraph
shall be used.
~229.165(I) §229.1
(C) Alternative manual warewashing equipment may be used when there are
special cleaning needs or constraints and the regulatory authority has approved the use of the
alternative equipment. Alternative manual warewashing equipment may include:
(i) high-pressure detergent sprayers;
(ii) low- or line-pressure spray detergent foamers;
(iii)other task-specific cleaning equipment;
(iv) brushes or other implements;
(v) two-compartment sinks as specified under subparagraph (D) and
of this paragraph; or
(vi) receptaclesthatsubstituteforthecompartmentsofamulticompartment
sink.
(D) Before a two-compartment sink is used:
(i) it must be approved by the regulatory authority; and
(ii) the nature of warewashing shall be limited to batch operations for
cleaning kitchenware such as between cutting one type of raw meat and another or cleanup at the end
of a shift and:
(I) a limited number of items shall be cleaned~
(II) the cleaning and sanitizing solu~ons shall be made up immediately
before use and drained immediately after use;
(IID adetergent-sanitizershallbeusedtosanifizeandshallbeapplied
as specified under subsection (k)(15) of this section~ or
(IV) ahotwatersanitizationimmersionstepshallbeusedasspecified
under subsection (o)(6)(C) of this section.
(E) Atwo-compartmentsinkmaynotbeusedforwarewashingoperationswhere
cleaning and sanitizing solutions are used for a continuous or intermittent flow of kitchenware or
tableware in an ongoing warewashing process.
7O
§229.165(~} ~229. 165~i}
(3) Drain boards. Drain boards, utensil racks, or tables large enough to accommodate
all soiled and cleaned items that may accumulate during hours of operation shall be provided for
necessary utensil holding before cleaning and after sanitizing.
(4) Ventilation hood systems, adequacy. Ventilation hood systems and devices shall
be sufficient in number and capacity to prevent grease or condensation from collecting on wails and
ceilings.
(5) Clothes washers and dryers.
(A) Except as specified in subparagraph (B) of this paragraph, if work clothes
or linens are laundered on the premises, a mechanicai clothes washer and dryer shail be provided and
used.
(B) If on-premises laundering is limited to wiping cloths intended to be used
moist, or wiping cloths are air-dried as specified under subsection (v)(2) of this section, a mechanical
clothes washer and dryer need not be provided.
(h) Utensils, temperature measuring devices, and testing devices.
(1) Utensils, consumer self-service. A food dispensing utensil shall be available for
each display container displayed at a consumer self-service unit such as a buffet or salad bar.
(2) Food temperature measuring devices. Food temperature measuring devices shall
be provided where required and readily accessible for use in ensuring attainment and maintenance of
food temperatures as specified under §229.164 of this title.
(3) Temperature measuring devices, manual warewashing. In manuai warewashing
operations, a temperature measuring device shall be provided and readily accessible for frequently
measuring the washing and sanitizing temperatures.
(4) Sanitizing solutions, testing devices. A test kit or other device that accurately
measures the concentration in milligrams per liter (rag/L) ofsanitizing solutions shall be provided and
readily available for use.
(i) Location of equipment. clothes washers and dryers, and storage cabinets.
(1) Location requirements~ Except as specified in paragraph (2) of this subsection,
equipment, a cabinet used for the storage of food, or a cabinet that is used to store cleaned and
sanitized equipment, utensils, laundered linens, and single-service and single-use articles may not be
located:
71
1~229.165(i) 1~229.165(i)
(A) in locker rooms;
(B) in toilet rooms;
(C) in garbage rooms;
(D) in mechanical rooms;
(E) under sewer lines that are not shielded to intercept potential drips;
(F) under leaking water lines including leaking automatic fire sprinkler heads or
under lines on which water has condensed;
(G) under open stairwells; or
(H) under other sources of contamination.
(2) Linen, single-service, single-use item exception. A storage cabinet used for linens
or single-service or single-use articles may be stored in a locker room.
(3) Clothes washer and dryer location requirements. If a mechanical clothes washer
or dryer is provided, it shall be located so that the washer or dryer is protected from contamination
and only where there is no exposed food; clean equipment, utensils, and linens; and unwrapped single-
service and single-use articles.
6) Installation, fixed equipment.
(1) Fixed equipment, spacing or sealing.
(A) A unit of equipment that is fixed because it is not easily movable shall be
installed so that it is:
(i) spaced to allow access for cleaning along the sides, behind, and above
the unit;
(ii) spaced from adjoining equipment, walls, and ceilings a distance of not
more than 1 millimeter or one thirty-second inch; or
(iii) sealedtoadjoiningequipmentorwalls, iftheunitisexposedtospillage
or seepage.
72
~229.165(j ) ~229. 165(k)
(B) Table-mounted equipment that is not easily movable shall be installed to
allow cleaning of the equipment and areas underneath and around the equipment by being:
(i) sealed to the table; or
(ii) elevated on legs as specified under paragraph (2)(D) of this subsection.
(2) Fixed equipment, elevation or sealing.
(A) Except as specified in subparagraphs (B) and (C) of this paragraph, floor-
mounted equipment that is not easily movable shall be sealed to the floor or elevated on legs that
provide at least a 15 centimeter (6 inch) clearance between the floor and the equipment.
(B) If no part of the floor under the floor-mounted equipment is more than 15
centimeters (6 inches) from the point of cleaning access, the clearance space may be only 10
centimeters (4 inches).
(C) This section does not apply to display shelving units, display refrigeration
units, and display freezer units located in the consumer shopping areas of a retail food store, if the
floor under the units is maintained clean.
(D) Except as specified in subparagraph 0i) of this paragraph, table-mounted
equipment that is not easily movable shall be elevated on legs that provide at least a I0 centimeter
(4 inch) clearance between the table and the equipment.
(E) The clearance space between the table and table-mounted equipment may be:
(i) 7.5 centimeters (3 inches) if the horizontal distance of the table top
under the equipment is no more than 50 centimeters (20 inches) from the point of access for cleaning;
or
(ii) 5 centimeters (2 inches) if the horizontal distance of the table top under
the equipment is no more than 7.5 centimeters (3 inches) from the point of access for cleaning.
(k) Equipment, maintenance and operation.
(1) Good repair and proper adjustment.
l~229.1651k} ~229. 165(k}
(A) Equipment shall be maintained in a state of repair and condition that meets
the requirements specified in subsections (a) and (b).
(B) Equipment components such as doors, seals, hinges, fasteners, and kick
plates shall be kept intact, tight, and adjusted in accordance with manufacturers' specifications.
(C) Cutting or piercing parts of can openers shall be kept sharp to minimize the
creation of metal fragments that can contaminate food when the container is opened.
(2) Cutting surfaces. Surfaces such as cutting blocks and boards that are subject to
scratching and scoring shall be resuffaced if they can no longer be effectively cleaned and sanitized,
or discarded if they are not capable of being resurfaced.
(3) Microwave ovens. Microwave ovens shall meet the safety standards specified in
21 CFR 103 · 10, Microwave Ovens.
(4) Warewashing equipment, cleaning frequency. A warewashing machine; the
compartments of sinks, basins, or other receptacles used for washing and rinsing equipment, utensils,
or raw foods, or laundering wiping cloths; and drain boards or other equipment used to substitute for
drain boards as specified in subsection (g)(3) of this section shall be cleaned:
(A) before use;
(B) throughout the day at a frequency necessary to prevent recontamination of
equipment and utensils and to ensure that the equipment performs its intended function; and
(C) if used, at least every 24 hours~
(5) Warewashing machines, manufacturers' operating instructions.
(A) A warewashing machine and its auxiliary components shall be operated in
accordance with the machine's data plate and other manufacturer's instructions.
(B) A warewashing machine' s conveyor speed or automatic cycle times shall be
maintained accurately timed in accordance with manufacturer's specifications.
(6) Warewashing sinks, use limitation.
(A) A warewashing sink may not be used for handwashing or dumping mop
water.
74
§229.165(k~ ~229.165~'k~
(B) A warewashing sink may be used to wash wiping cloths, wash produce, or
thaw food if the sink is cleaned as specified under paragraph (4) of this subsection before and after
each time it is used to wash wiping cloths or wash produce or thaw food. Sinks used to wash or thaw
food shall be sanitized as specified under subsections (p)-(r) of this section before and after using the
sink to wash produce or thaw food.
(7) Warewashing equipment, cleaning agents. The wash compartment of a sink,
mechanical warewasher, or wash receptacle of alternative manual ~varewashing equipment as
specified in subsection (g)(2)(C) of this section, shall, when used for warewashing, contain a wash
solution of soap, detergent, acid cleaner, alkaline cleaner, degreaser, abrasive cleaner, or other
cleaning agent according to the cleaning agent manufacturer's label instructions.
(8) Ware~vashing equipment, clean solutions. The wash, rinse, and sanitize solutions
shall be maintained clean.
(9) Manual warewashing equipment, wash solution temperature. The temperature of
the wash solution in manual warewashing equipment shall be maintained at not less than 43 degrees
Celsius (110 degrees Fahrenheit) unless a different temperature is specified on the cleaning agent
manufacturer's label instructions.
(10) Mechanical warewashing equipment, wash solution temperature.
(A) Thetemperatureofthewashsolutioninspraytypewarewashersthatusehot
water to sanitize may not be less than:
(i) for a stationary rack, single temperature machine, 74 degrees Celsius
(165 degrees Fahrenheit);
(ii) for a single tank, conveyor, dual temperature machine, 71 degrees
Celsius (160 degrees Fahrenheit);
(iii) for a stationary rack, dual temperature machine, 66 degrees Celsius
(I 50 degrees Fahrenheit); or
(iv) for a multitank, conveyor, multi temperature machine, 66 degrees
Celsius (150 degrees Fahrenheit).
(B) The temperature of the wash solution in spray-type warewashers that use
chemicals to sanitize may not be less than 49 degrees Celsius (120 degrees Fahrenheit).
(11) Manual warewashingequipment, hotwatersanitizationtemperatures. Ifimmersion
in hot water is used for sanitizing in a manual operation, the temperature of the water
75
~229. 165(k} ~229.165(k~
shall be maintained at 77 degrees Celsius (171 degrees Fahrenheit) or above.
(12) Mechanical warewashing equipment, hot ~vater sanitization temperatures.
(A) Except as specified in subparagraph (B) of this paragraph, in a mechanical
operation, the temperature of the fresh hot water sanitizing rinse as it enters the manifold may not be
more than 90 degrees Celsius (194 degrees Fahrenheit), or less than:
(i) for a stationary rack, single temperature machine, 74 degrees Cel sius
(165 degrees Fahrenheit); or
(ii) for all other machines, 82 degrees Celsius (180 degrees Fahrenheit).
(B) The maximum temperature specified under subparagraph (A) of this
paragraph does not apply to the high pressure and temperature systems with wand-type, hand-held
spraying devices used for the in-place cleaning and sanitizing of equipment such as meat saws.
(13) Mechanical warewashing equipment, sanitization pressure. The flow pressure of
the fresh hot water sanitizing rinse in a warewashing machine may not be less than 100 kilopascals
(15 pounds per square inch) or more than 170 kilopascals (25 pounds per square inch) as measured
in the water line immediately downstream or upstream from the fresh hot water sanitizing rinse
control valve.
(14) Manual and mechanical warewashing equipment, chemical sanitization -
temperature, water activity (pH), concentration, and hardness. A chemical sanitizer used in a
sanitizing solution for a manual or mechanical operation at exposure times specified in subsection
(r)(3) of this section shall be listed in 21 CFR 178.1010, Sanitizing Solutions, shall be used in
accordance with the U.S. Environmental Protection Agency 0iPA)-approved manufacturer's label
use instructions, and shall be used as follows:
(A) a chlorine solution shall have a minimum temperature based on the
concentration and pH of the solution as listed in the following table:
Figure 2:25 TAG §229.165(k)(14)(A)
(B) an iodine solution shall have a:
(i) minimum temperature of 24 degrees Celsius (75 degrees Fahrenheit);
(ii) pH of 5.0 or less, unless the manufacturer's use directions included in
the labeling specify a higher pH limit of effectiveness; and
~229.165(k} ~229.165~1~
(iii) concentration between 12.5 mg/L and 25 mg/L.
(C) a quaternary ammonium compound solution shall:
(i) have a minimum temperature of 24 degrees Celsius (75 degrees
Fahrenheit);
(ii) have a concentration as specified under §229.168(0(1) of this titte
(relating to Poisonous or Toxic Materials) and as indicated by the manufacturer's use directions
included in the labeling; and
(iii) beusedonlyinwaterwith500mg/Lhardnessorlessorinwaterhaving
a hardness no greater than specified by the manufacturer's label.
(D) other solutions of the chemicals specified in subparagraphs (A)~(C) of this
paragraph may be used if it can be demonstrated that sanitization is achieved and they are approved
by the regulatory authority; or
(E) other chemical sanitizers may be used ifapproved by the regulatory authority
and applied in accordance with the manufacturer~s use directions included in the labeling.
(15) Manual warewashing equipment, chemical sanitizationusing detergent-sanitizers.
ff a detergent-sanitizer is used to sanitize in a cleaning and sanitizing procedure where there is no
distinct water rinse between the washing and sanitizing steps, the agent applied in the sanitizing step
shall be the same detergent-sanitizer that is used in the washing step.
(16) Warewashing equipment, determining chemical sanitizer concentration.
Concentration of the sanitizing solution shall be accurately determined by using a test kit or other
device.
(1) Utensils and temperature measuring devices.
(1) Good repair and proper calibration.
(A) Utensils shall be maintained in a state of repair or condition that complies
with the requirements specified in subsections (a)-(f) of this section or shall be discarded.
(B) Temperature measuring devices shall be calibrated in accordance with
manufacturer's specifications as necessary to ensure their accuracy.
(C) Ambient air temperature, water pressure, and water temperature measuring
1~229.1650) 1~229.1651'n}
devices shall be maintained in good repair and be accurate within the indicated range of use.
(2) Single-service and single-use articles, required use. A food establishment without
facilities specified in subsections (m)-(r) of this section for cleaning and sanitizing kitchenware and
tableware shall provide only single-use kitchenware, single-service articles, and single-use articles for
use by food employees and single-service articles for use by the consumer~
(3) Single-service and single-use articles, bulk milk dispensing robes, reuse limitation.
(A) Single-service and single-use articles may not be reused.
(B) The bulk milk container dispensing tube shall be cut on the diagonal leaving
no more than one inch protruding from the chilled dispensing head.
(4) Shells, use limitation. Mollusk and crustacea shells may not be used more than
once as serving containers. If the shell is not the original shell from which the mollusk or crustacea
was harvested, the shell must be sanitized prior to use to preclude contamination of other foods.
Shells specifically purchased for use as serving containers, which contain any evidence of filth or
debris, are prohibited from use.
(m) Cleaning of equipment and utensils.
(1) Equipment, food-contact surfaces, and utensils.
(A) Equipment food-contact surfaces and utensils shall be clean to sight and
touch.
(B) Thefood-contactsurfacesofcookingequipmentandpansshallbekeptfree
of encrusted grease deposits and other soil accumulations.
(2) Nonfood-contact surfaces. Nonfood-contact surfaces of equipment shall be kept
free of an accumulation of dust, dirt. food residue, and other debris.
(n) Frequency of cleaning.
(1) Equipment food-contact surfaces and utensils.
(A) Equipment food-contact surfaces and utensils shall be cleaned:
(i) except as specified in subparagraph (B) of this paragraph, before each
use with a different type of raw animal food such as beef, fish, lamb, pork, or poultry;
§229.1651'n) 1i229.165('n)
(ii) each time there is a change from working with raw foods to working
with ready-to-eat foods;
(iii) between uses with raw fruits or vegetables and with potentially
hazardous food;
(iv) before using or storing a food temperature measuring device; and
(v) at any time during the operation when contamination may have
occurred.
(B) Subparagraph(A)(i)ofthisparagraphdoesnotapplyifrawanimalfoodsthat
require cooking temperatures specified under §229 164(k)( I )(A)(iii) of this title are prepared after
foods that require cooking temperatures specified under §229.164(k)( I )(A)(i) and (i i) and (B) of this
title.
(C) Except as specified in subparagraph (D) of this paragraph, if used with
potentially hazardous food, equipment food-contact surfaces and utensils shall be cleaned throughout
the day at least every four hours.
(D) Surfacesofutensilsandequipmentcontactingpotentiallyhazardousfoodmay
be cleaned less frequently than every four hours if:
(i) in storage, containers of potentially hazardous food and their contents
are maintained at temperatures specified under §229.164 of this title and the containers are cleaned
when they are empty;
(ii) utensils and equipment are used to prepare food in a refrigerated room
maintained at 10 degrees Celsius (50 degrees Fahrenheit) or less, and food under preparation is
maintained according to the times and at temperatures specified under §229.164 oft his title, and the
utensils and equipment are cleaned at least every 12 hours;
(iii) containers in serving situations such as salad bars, delis, and cafeteria
lines hold ready-to-eat potentially hazardous food that is maintained at the temperatures specified
under §229.164 of this rifle, are intermittently combined with additional supplies of the same food that
is at the required temperature, and the containers are cleaned at least every 24 hours;
(iv) temperature measuring devices are maintained in contact with foocts,
such as when lefi in a container of dell food or in a roast, held at temperatures specified under
§229.164 of this title;
.~229.165(n} ~229.165(n}
(v) equipment is used for storage of packaged or unpackaged foods such
as a reach-in refrigerator and the equipment is cleaned at a frequency necessary to preclude
accumulation of soil residues; or
(vi) the regulatory authority approves the cleaning schedule based on
consideration of:
(I) characteristics of the equipment and its use;
(II) the type of food involved;
(III) the amount of food residue accumulation; and
(IX/) the temperature at which the food is maintained during the
operation and the potential for the rapid and progressive multiplication of pathogenic or toxigenic
microorganisms that are capable of causing foodbome disease.
(E) Except when dry cleaning methods are used as specified under subsection
(o)(I) of this section, surfaces of utensils and equipment contacting food that is not potentially
hazardous shall be cleaned:
(i) at any time when contamination may have occurred;
(ii) at least every 24 hours for iced tea dispensers and consumer self-service
utensils such as tongs, scoops, or ladles;
(iii) before restocking consumer self-service equipment and utensils such
as condiment dispensers and display containers; or
(iv) equipment such as ice bins and beverage dispensing nozzles and
enclosed components of equipment such as ice makers, beverage dispensing lines or tubes, coffee
bean grinders, and water vending equipment:
(I) at a frequency specified by the manufacturer; or
(II) absent manufacturer specifications, at a frequency necessary to
preclude accumulation of soil or mold.
(2) Cooking and baking equipment.
(A) The food-contact surfaces ofcooking and baking equipment shall be cleaned
§229.165(n} ~ .~229.165{o)
at least every 24 hours. This section does not apply to hot oil cooking and filtering equipment if it
is cleaned as specified under paragraph (1)(D)(vi) of this subsection.
(B) The cavities and door seals ofmicrowave ovens shall be cleaned at least ever>'
24 hours by using the manufacturer's recommended cleaning procedure.
(3) Nonfood-contact surfaces. Nonfood-contact surfaces of equipment shall be
cleaned at a frequency necessary to preclude accumulation of soil residues.
(o) Methods of cleaning.
(1) Dry cleaning.
(A) Ifused, drycleaningmethodssuchasbmshing, scraping, andvacuumingshall
contact only surfaces that are soiled with dry food residues that are not potentially hazardous.
(B) Cleaning equipment used in dry cleaning food-contact surfaces may not be
used for any other purpose.
(2) Precleaning.
(A) Food debris on equipment and utensils shall be scrapped over a waste
disposal unit, scupper, or garbage receptacle or shall be removed in a warewashing machine with a
prewash cycle.
(B) If necessary for effective cleaning, utensils and equipment shall be preflushed,
presoaked, or scrubbed with abrasives.
(3) Loading of soiled items, warewashing machines. Soiled items to be cleaned in a
warewashing machine shall be loaded into racks, trays, or baskets or onto conveyors in a position that
exposes the items to the unobstructed spray from all cycles and allows the items to drain.
(4) Wet cleaning.
(A) Equipment food-contact surfaces and utensils shall be effectively washed to
remove or completely loosen soils by using the manual or mechanical means necessary such as the
application of detergents containing wetting agents and emulsifiers; acid, alkaline, or abrasive
cleaners; hot water; brushes; scouring pads; high-pressure sprays; or ultrasonic devices
(B) The washing procedures selected shall be based on the type and purpose of
Sl
§229.165(o) ~229.1651'o)
the equipment or utensil, and on the type of soil to be removed.
(5) Washing, procedures for alternative manual warewashing equipment. If washing
in sink compartments or a warewashing machine is impractical such as when the equipment is fixed
or the utensils are too large, washing shall be done by using alternative manual warewashing
equipment as specified in subsection (g)(2)(C) of this section in accordance with the following
procedures:
(A) equipment shall be disassembled as necessary to allow access of the detergent
solution to all parts;
(B) equipment components and utensils shall be scrapped or rough cleaned to
remove food particle accumulation; and
(C) equipment and utensils shall be washed as specified under paragraph (4)(A)
of this subsection.
(6) Rinsing procedures. Washed utensils and equipment shall be rinsed so that
abrasives are removed and cleaning chemicals are removed or diluted through the use of water or a
detergent-sanitizer solution by using one of the following procedures:
(A) use of a distinct, separate water rinse after washing and before sanitizing if
using:
(i) a three-compartment sink;
(ii) alternative manual warewashing equipment equivalent to a three-
compartment sink as specified under subsection (g)(2)(C) of this section; or
(iii) a three-step washing, rinsing, and sanitizing procedure in a
warewashing system for CIP equipment.
(B) use of a detergent-sanitizer as specified under subsection (k)(15) of this
section if using:
(i) alternative warewashing equipment as specified under subsection
(g)(2)(C) of this section that is approved for use with a detergent-sanitizer; or
(ii) a warewashing system for CIP equipment
(C) useofanondistinctwaterrinsethatisintegratedinthehotwatersanitazation
82
15229.165{o) 15229.165(o)
immersion step of a two-compartment sink operation;
(D) ifusing a warewashing machine that does not recycle the sanitizing solution
as specified in subparagraph (E) of this paragraph, or alternalive manual warewashing equipment such
as sprayers, use of a nondistinct water rinse:
(i) that is integrated in the application of the sanitizi ng solution; and
(ii) washed immediately after each application; or
(E) if using a warewashing machine that recycles the sanitizing solution for use
in the next wash cycle, use of a nondistinct water rinse that is integrated in the application of the
sanitizing solution.
(7) Returnables, cleaning for refilling.
(A) Except as specified in subparagraphs (B) and (C) of this paragraph, returned
empty containers intended for cleaning and refilling with food shall be cleaned and refilled in a
regulated food processing plant.
(B) A food-specific container for beverages may be refilled at a food
establishment if:
(i) only a beverage that is not a potentially hazardous food is used as
specified under §229.164(h)(7)(A) of this title;
(ii) the design of the container and of the rinsing equipment and the nature
of the beverage, when considered together, allow effective cleaning at home or in the food
establishment;
(iii) facilities for rinsing before ref~ling returned containers with fresh, hot
water that is under pressure and not recirculated are provided as part of the dispensing system;
(iv) the consumer-owned contalner returned to the food establishment for
refilling is refilled for sale or service only to the same consumer; and
(v) the container is refilled by:
(D an employee of the food establishment; or
(II) the owner of the container if the beverage system includes a
contamination-free transfer process that can not be bypassed by the container owner.
~229.165{'o) ~229.165(t)
(C) Consumer-owned containers that are not food-specific may be filled at a
water rending machine or system.
(p) Sanitizati on, food-contact surfaces and utensils. Equipment food-contact surfaces and
utensils shall be sanifzed.
(q) Sa~itizati on frequency, before use after cleaning. Utensils and food-contact surfaces of
equipment shall be sanitized before use after cleaning.
(r) Sanitization methods, hot water and chemical. After being cleaned, equipment food-
contact surfaces and utensils shall be sahitized in:
(1) hot water manual operations by immersion for at least 30 seconds as specified
under subsection (k)(I I) of this section;
(2) hot water mechanical operations by being cycled through equipment that is set up
as specified under subsection (k)(5), (12) and (13) of this section and achieving a utensil surface
temperature of 71 degrees Celsius (160 degrees Fahrenheit) as measured by an irreversible registering
temperature indicator;
(3) chemical manual or mechanical operations, including the application ofsanitizing
chemicals by immersion, manual swabbing, brushing, or pressure spraying methods, using a solution
as specified under subsection (k)(14) of this secti on by providing:
(A) exceptas specified in subparagraph (B) ofthis paragraph, an exposure time
of at least 10 seconds for a chlorine solution as specified in subsection (k)(14)(A) of this section;
(B) an exposure time of at least 7 seconds for a chlorine solution of 50 mg/L that
has a pH of 10 or less and a temperature of at least 38 degrees Celsius (100 degrees Fahrenheit) or
a pH of 8 or less and a temperature of at least 24 degrees Celsius (75 degrees Fahrenheit);
(C) anexposuretimeofatleast30secondsforotherchemicalsanitizersolutions;
or
(D) an exposure time used in relationship with a combination of temperature,
concentration, and pH that, when evaluated for efficacy, yields sanitization as defined in §229.162
of this title (relating to Definitions).
(s) Laundering, clean linens. Clean linens shall be free from food residues and other
soiling matter.
(t) Laundering, frequency.
1}229.1651't) l}229.165(u'~
(1) Linens. Linens that do not come in direct contact with food shall be laundered
between operations if they become wet, sticky, or visibly soiled.
(2) Cloth gloves. Cloth gloves as specified in {}229.164(h)(5)(D) of this title shall be
laundered before being used with a different type of raw animal food such as beef, lamb, pork, and
fish.
(3) Certain linens. Linens that are used as specified in {}229.164(h)(4) of this title and
cloth napkins shall be laundered between each use.
(4) Wet wiping cloths. Wet wiping cloths shall be laundered dally and clean cloths
shall be used with a fresh solution of cleanser or sanitizer.
(5) Dry wiping cloths. Dry wiping cloths shall be laundered as necessary to prevent
contamination of food and clean serving utensils.
(u) Laundering, methods.
(1) Storage of soiled linens. Soiled linens shall be kept in clean, nonabsorbent
receptacles or clean, washable laundry bags and stored and transported to prevent contamination of
food, clean equipment, clean utensils, and single-service and single-use articles.
(2) Mechanical washing.
(A) Except as specified in subparagraph (B) of this paragraph, linens shall be
mechanically washed.
(B) in food establishments in which only wiping cloths are laundered as specified
in subsection (g)(5)(B) of this section, the wiping cloths may be laundered in a mechanical washer,
a sink designated only for laundering wiping cloths, or a warewashing or food preparation sink that
is cleaned as specified under subsection (k)(4) of this section.
(3) Use of launch3, facilities.
(A) Except as specified in subparagraph (B) of this paragraph, laundry facilities
on the premises of a food establishment shall be used only for the washing and drying of items used
in the operation of the establishment.
I B) Separate laundry facilities located on the premises for the purpose of general
laundering such as for institutions providing boarding and lodging may also be used for laundering
food establishment items.
15229.165(v) §229.1651'x)
(v) Drying, equipment and utensils.
(1) Equipment and utensils, air-d~ying required. After cleaning and sanitizing,
equipment and utensils:
(A) shall be air-dried or used after adequate draining as specified in paragraph
(a) of 21 CFR 178.1010, Sanitizing Solutions, before contact with food; and
(B) may be polished, after air-drying, with cloths that are maintained clean and
dry, provided the cloths are used for no other purpose.
(2) Wiping cloths, air-drying locations. Wiping cloths laundered in a food
establishment that does not have a mechanical clothes dryer as specified in subsection (g)(5)(B) of
this section shall be air-dried in a location and in a manner that prevents contamination of food,
equipment, utensils, linens, and single-service and single-use articles and the wiping cloths. This
section does not apply if wiping cloths are stored after laundering in a sanitizing solution as specified
under subsection (k)(14) of this section.
(w) Lubricating and reassembling of food-contact surfaces, equipment.
(1) Food-contact surfaces. Lubricants shall be applied to food-contact surfaces that
require lubrication in a manner that does not contaminate food-contact surfaces.
(2) Equipment. Equipment shall be reassembled so that food-contact surfaces are not
contaminated.
(x) Storage.
(1) Equipment, utensils, linens, and single-service and single-use articles.
(A) Except as specified in subparagraph (D) of this paragraph, cleaned equipment
and utensils, laundered linens, and single-service and single-use articles shall be stored:
(i) in a clean, dry location;
(ii) where they are not exposed to splash, dust, or other contamination; and
(iii)at least 15 centimeters (6 inches) above the floor.
(B) Cleanequipmentandutensilsshallbestoredasspecifiedundersubparagraph
1~229. 16~;t'x) § 229. 165ivy)
(A) of this paragraph and shall be stored:
(i) in a self-draining position that permits air-drying; and
(ii) covered or inverted.
(C) Single-service and single-use articles shall be stored as specified under
subparagraph (A) of this paragraph and shall be kept in the original protective package or stored by
using other means that afford protection from contamination until used.
(D) IternsthatarekeptinclosedpackagesmaybestoredlessthanlScentimeters
(6 inches) above the floor on dollies, pallets, racks, and skids that are designed as provided under
subsection (f)(21) of this section.
(2) Storage prohibitions.
(A) Except as specified in subparagraph (B) of this paragraph, cleaned and
sanifized equipment, utensils, laundered linens, and single-service and single-use articles may not be
stored:
(i) in locker rooms;
(ii) in toilet rooms;
(iii)in garbage rooms;
(iv) in mechanical rooms;
(v) under sewer lines that are not shielded to intercept potential drips;
(vi) under leaking water lines including leaking automatic fire sprinkler
heads or under lines on which water has condensed;
(vii) under open stairwells; or
(viii) under other sources of contamination.
(B) Laundered linens and single-service and single-use articles that are
packaged or in a facility such as a cabinet may be stored in a locker room.
(y) Handling of utensils, single-service articles.
~229. 165(v) ~229. 165(v]
(1) Kitchenware and tableware.
(A) Single-service and single-use articles and cleaned and sanltized utensils shall
be handled, displayed, and dispensed so that contamination of food and lip-contact surfaces is
prevented.
(B) Knives, forks, and spoons that are notprewrapped shall be presented so that
only the handles are touched by employees and by consumers if consumer self-service is provided.
(C) Except as specified under subparagraph (B) of this paragraph, sin~ e-service
articles that are intended for food- or lip-contact shall be fumished for consumer self-service with the
original individual wrapper intact or from an approved dispenser.
(2) Soiled and clean tableware. Soiled tableware shall be removed from consumer
eating and drinking areas and handled so that clean tableware is not contaminated.
('3) Preset tableware. If tableware is preset:
(A) it shall be protected from contamination by being wrapped, covered, or
inverted;
(B) exposed and unused settings shall be removed when a consumer is seated;
or
(C) exposed, unused settings shall be cleaned and sanitized before further use if
the settings are not removed when a consumer is seated.
1~229.166{a) ~229.1661b}
§229.166 Water, Plumbing and Waste.
(a) Water source.
(1) Approved system. Drinking water shall be obtained from an approved source that
is:
(A) a public water system; or
(B) a nonpublic water system that is constructed, maintained, and operated
according to law.
(2) System flushing and disinfection. A drinking water system shall be flushed and
disinfected before being placed in service after cons/auction, repair, or modification and after an
emergency situation, such as a flood, that may introduce cuntaminants to the system.
(3). Bottled drinking water. Bottled drinking water used or sold in a food establishment
shall be obtained from approved sources in accordance with 25 TAG §229.81Co)(1) (Processing and
Bottling of Bottled Drinking Water).
(b) Water quality standards.
( 1 ) Public and private water systems. Except as specified under paragraph (2) of this
subsection:
(A) water from a public water system shall meet state drinking water quality
standards in accordance with 30 TAC §290.101-§290.121 (Drinking Water Standards Governing
Drinking Water Quality and Reporting Requirements); and
(B) water from a private water system shall meet state drinking water quality
standards.
(2) Nondrinking water.
(A) A nondrinking water supply may be used only if its use is approved by the
regulatory authority
(B) Nondrinking water shall be used only for non-culinary purposes such as air
conditioning, nonfood equipment cooling, fire protection, and irrigation.
(3) Sampling. Except when used as specified under paragraph (2) of this subsection,
§229.166Co} ~229.166(d}
water from a nonpublic water system shall be sampled and tested at least ~nnually and as required by
state water quality regulations.
(4) Sample report. Themostrecentsamplereportforthenonpublicwatersystemshall
be retained on file in the food establishment or the report shall be maintained as specified by state
water quality regulations.
(c) Water quantity and availability.
(1) Capacity. The water source and system shall be of sufficient capacity to meet the
water demands of the food establishment.
(2) Pressure. Water under pressure shall be provided to all fixtures, equipment, and
nonfood equipment that are required to use water except that water supplied as specified in
subsection (d)(2)(A) and (B) of this section to a temporary food establishment or in response to a
temporary interruption of a water supply need not be under pressure.
(3) Hot water. Hot water generation and distribution systems shall be sufficient to meet
the peak hot water demands throughout the food establishment.
(d) Water distribution, delivery, and retention systems.
(1) Distribution. Water shall be received from the source through the use of:
(A) an approved public water main; or
(B) one or more of the following that shall be constructed, maintained, and
operated according to law:
(i) nonpublic watermain, water pumps, pipes, hoses, connections, and other
appurtenances;
(ii) water transport vehicles; and
(iii)water containers.
(2) Alternative water supply. Water meeting the requirements specified under
subsections (a)-(c) of tl'ds section shall be made available for a mobile facility, for a temporary food
establishment without a permanent water supply, and for a food establishment with a temporary
interruption of its water supply through:
~229.166~d~ .~229. 166(f}
(A) a supply of containers of commercially bot~ed drinking water;
(B) one or more closed portable water containers;
(C) an enclosed vehicular water tank:
(D) an on-premises water storage tank; or
(E) piping, tubing, or hoses connected to an adjacent approved source.
(e) Plumbing systems, approved materials.
( 1 ) Construction. A plumbing system and hoses conveying water shall be constructed
and repaired with approved materials according to law.
(2) Water falter. A water filter shall be made of safe materials.
(0 Plumbing design, construction, and installation.
(I) Approved system and cleanable fixtures.
(A) A plumbing system shall be designed, constructed, and installed according to
law.
(B) A plumbing fixture such as a handwashing lavatory, toilet, or urinal shall be
easily deanable.
(2) Handwashing lavatory, water temperature, and flow.
(A) A handwashing lavatory shall be equipped to provide water at a temperature
of at least 43 degrees Celsius ( 110 degrees Fahrenheit) through a mixing valve or combination faucet.
(B) A steam mixing valve may not be used at a handwashing lavatory.
(C) A self-closing, slow-closing, or metering faucet shall provide a flow of water
for at least 15 seconds without the need to reactivate the faucet.
(3) Backflow prevention, air gap. An air gap between the water supply inlet and the
flood level rim of the plumbing fixture, equipment~ or nonfood equipment shall be at least twice the
diameter of the water supply inlet and may not be less than 25 millimeters (1 inch).
§229.166{f} l$229.166(h}
(4) Backflow prevention device, design standard. A backflow or backsiphonage
prevention device installed on a water supply system shall meet American Society of Sanitary
Engineering (AS.SE) standards for construction, installation, maintenance, inspection, and testing
for that specific application and type of device.
(5) Conditioning device, design. A water filter, screen, and other water conditioning
device installed on water Iines shall be designed to facilitate disassembly for periodic servicing and
cleaning. A water filter element shall be of the replaceable type.
(6) Service sink, water, water temperature. Service sinks shall be equipped to provide
water at a temperature of 43 degrees Celsius (110 degrees Fahrenheit).
(g) Plumbing, numbers and capacities.
(1) Handwashing lavatory. At least one handwashing lavatory, a number of
handwashing lavatories necessary for their convenient use by employees in areas specified under
subsection (h)( 1 ) of this section, and not fewer than the number of handwashing lavatories required
by law shall be provided.
(2) Toilets and urinals. At least one toilet and not fewer than the number of toilets
required by law shall be provided. If authorized by law and urinals are substituted for toilets, the
substitution shall be done as specified in the law.
(3) Service sink. In new or extensively remodeled food establishments, at least one
service sink or one curbed cleaning facility equipped with a floor drain shall be provided and
conveniently located for the cleaning of mops or similar wet floor cleaning tools and for the disposal
of mop water and similar liquid waste.
(4) Backflow prevention device, when required. A plumbing system shall be installed
to preclude backflow of a solid, li quid, or ga~ contaminant into the water supply system at each point
of use at the food establishment, including on a hose bibb if a hose is attached or on a hose bibb if a
hose is not attached and backflow prevention is required by law, by:
(A) providing an air gap as specified under subsection (1)(3) of this section; or
(B) instalhng an approved backflow prevention device as specified under
subsection (1)(4) of this section.
(h) Plumbing, location and placement.
(1) Handwashing lavatory. A handwashing lavatory shall be located:
~229.166Cn) 1~229.166fi}
(A) to allow convenient use by employees in food preparation, food dispensing,
and warewashing areas; and
(B) in, or immediately adjacent to, toilet rooms.
(2) Backflow prevention device, location. A backflow prevention device shall be
located so that it may be serviced and maintained.
(3) Conditioning device, location. A water filter, screen, and other water conditioning
device installed on water iines shall be located to facilitate disassembly for periodic servicing and
cleaning.
(i) Plumbing, operation and maintenance.
(I) Using a handwashing lavatory.
(A) A handwashing lavatory shall be maintained so that it is accessible at all times
for employee use.
(B) Ahandwashinglavatorymaynotbeusedforpurposesotherthanhandwashing
(2) Prohibiting a cross connection.
(A) Except as allowed under 9 CFR 308.3(d) and 30 TAC §290.44(h), a person
may not create a cross connection by connecting a pipe, hose, or conduit between the drinking water
system and a nondrinking water system or a water system of unknown quality.
(B) The piping of a nondrinking water system shall be durably identified so that
it is readily distinguishable from piping that carries drinking water.
(3) Scheduling inspection and service for a water system device. A device such as a
water treatment device or backflow preventer shall be scheduled for inspection and service, in
accordance with manufacturer's instructions and as necessary to prevent device failure based on local
water conditions, and records demonstrating inspection and service shall be maintained by the person
in charge for a period of one year.
(4) Water reservoir of fogging devices, cleaning.
(A) A reservoir that is used to supply water to a device such as a produce fogget
shall be:
1~229.1661'i~ ~229.166{i}
(i) maintained in accordance with manufacturer's specifications; and
(ii) cleaned in accordance with manufacmrer's specifications or according
to the procedures specified under subparagraph (B) of this paragraph, whichever is more stringent.
(B) Cleaning procedures shall include at least the following steps and shall be
conducted at least once a week:
(i) draining and complete disassembly of the water and aerosol contact parts;
(ii) brush-cleaning the reservoir, aerosol tubing, and discharge nozzles with
a suitable detergent solution;
(iii) flushingthecompletesystemwithwatertoremovethedetergentsolution
and particulate accumulation; and
(iv) rinsing by immersing, spraying, orswabbingthereservoir, aerosoltubing,
and discharge nozzles with at least 50 milligrams per liter (mg/L) hypocb. lorite solution.
(5) System maintained in good repair. A plumbing system shall be:
(A) repaired according to law; and
(B) maintained in good repair.
(i ) Sewage retention, drainage, and delivery.
(1) Establishment drainage system. Food establishment drainage systems, including
grease traps, that convey sewage shall be designed and installed as specified under subsection
(f)(1)(A) of this section.
(2) Backflow prevention.
(A) Except as specified in subparagraphs (B) and (C) of this paragraph, a direct
connection may not exi st between the sewage system and a drain originating from equipment in which
food, portable equipment, or utensils are placed.
(B) If allowed by law, a warewashing machine may have a direct connection
between its waste outlet and a floor drain wlien the machine is located within 1.5 meters (5 feet) of
a trapped floor drain and the machine outlet is connected to the inlet side of a properly vented
~229.166(j~ §229.166fl~
floor drain trap.
(C) If allowed by law, a warewashing or culinary sink may have a direct
COnneCtiOrl.
(3) Grease trap. If used, a grease trap or grease interceptor shall be located to be easily
accessible for cleaning.
(4) Conveying sewage. Sewage shall be conveyed to the point of disposal through an
approved sanitary sewage system or other system, including use of sewage transport vehicles, waste
retention tanks, pumps, pipes, hoses, and connections that are constructed, maintained, and operated
according to law.
(k) Disposal facility.
(l) . Approved sewage disposal system. Sewage shall be disposed through an approved
facility that is:
(A) a public sewage treatment plant; or
(B) an individual sewage disposal system that is sized, constructed, maintained,
and operated according to law.
(2) Other liquid wastes and rainwater. Condensate drainage and other nonsewage
liquids and rainwater shall be drained from point of discharge to disposal according to law.
(1) Storage facilities on the premises.
(1) Indoor storage area. ff located within the food establishment a storage area for
refuse, recyclables, and returnables shall meet the requirements spedfled under §229.167(a), (c), and
(d)(5) and (6) of this title (relating to Physical Facilities).
(2) Outdoor storage surface. An outdoor storage surface for refuse, recyclables, and
returnables shall be constructed of nonabsorbent material such as concrete or asphalt and shall be
smooth, durable, and sloped to drain.
(3) Outdoor enclosure. If used, an outdoor enclosure for refuse, recyclables, and
returnables shall be constructed of durable and cleanable materials.
(4) Receptacles.
§229.1660) ~229.1660)
(A) Except as specified in subparagraph (B) of this paragraph, receptacles and
waste handling units for refuse, recyclables, and retumables and for use with materials containing
food residue shall be durable, cleanable, insect-and rodent-resistant, leakproof, and nonabsorbent.
(B) Plastic bags and wet strength paper bags may be used to line receptacles for
storage inside the food establishment, or within closed outside receptacles.
(5) Receptacles in vending machines. A refuse receptacle may not be located within a
vending machine, except that a receptacle for beverage bottle crown closures may be located within
a vending machine.
(6) Outside receptacles.
(A) Receptacles and waste handling units for refuse, recyclables, and retumables
used with materials containing food residue and used outside the food establishment shall be designed
and constructed to have tight-fitting lids, doors, or covers.
(B) Equipment for refuse and recyclables such as an on-site compactor shall be
installed so that accumulation of debris and insect and rodent attraction and harborage are minimized
and effective cleaning is facilitated around and, if the equipment is not installed flush with the base
pad, under the unit.
(7) Storage areas, rooms, and receptacles, capacity and availability.
(A) An inside storage room and area and outside storage area and enclosure, and
receptacles shall be of sufficient capacity to hold refuse, recyclables, and retumables that accumulate.
(B) A receptacle shall be provided in each area of the food establishment or
premises where refuse is generated or commonly discarded, or where recyclables or retumables are
placed.
(C) If disposable towels are used at handwashing lavatories, a waste receptacle
shall be located at each lavatory or group of adjacent lavatories.
(8) Toilet room receptacle, covered. A toilet room used by females shall be provided
with a covered receptacle for sanitary napkins.
(9) Cleaning implements and supplies.
(A) Except as specified in subparagraph (B) of this paragraph, suitable cleaning
t$229.166fl~ ~229. 166fl~
implements and supplies such as high pressure pumps, hot water, steam, and detergent shall be
provided as necessary for effective cleaning of receptacles and waste handling units for refuse,
recyclables, and returnables.
(B) Ifapproved by the mgulatory authority, off-premises-based cleaning services
may be used if on-premises cleaning implements and supplies are not provided.
(10) Storage areas, redeeming machines, receptacles, and waste handling units, location.
(A) An area designated for refuse, recyclables, retumables, and, except as specified
in subparagraph (B) of this paragraph, a redeeming machine for recyclables or retumables shall be
located so that it is separate from food, equipment, utensils, linens, and single-service and single-use
articles and a public health nuisance is not created.
(B) A redeeming machine may be located in the packaged food storage area or
consumer area of a food establishment if food, equipment, utensils, linens, and single-service and
single-use articles are not subject to contamination from the machines and a public health hazard or
nuisance is not created.
(C) The location of receptacles and waste handling units for refuse, recyclables,
and returnables may not create a public health nuisance or interfere with the cleaning of adjacent
space.
(11) Storing refuse, recyclables, and returnables. Refuse, recyclables, and retumables
shall be stored in receptacles or waste handling units so that they are inaccessible to insects and
rodents.
(12) Areas, enclosures, and receptacles, good repair. Storage areas, enclosures, and
receptacles for refuse, recyclables, and returnables shall be maintained in good repair.
( 13 ) Outside storage prohibitions.
(A) Except as specified in subparagraph (B) of this paragraph, refuse receptacles
not meeting the requirements specified under paragraph (4)(A) of this subsection such as receptacles
that are not rodent-resistant. unprotected plastic bags and paper bags, or baled units that contain
materials with food residue may not be stored outside.
(B) Cardboardorotherpackagingmaterialthatdoesnotcontainfoodresiduesand
that is awaiting regularly scheduled delivery to a recycling or disposal site may be stored outside
without being in a covered receptacle if it is stored so that it does not create a rodent harborage
97
15229.1660) §229.1661'm~
problem.
(14) Covering receptacles. Receptacles and waste handling units for refuse, recy~lables,
and returnables shall be kept covered:
(A) inside the food establishment ifthe receptacles and units:
(i) contain food residue and are not in continuous use; or
(ii) after they are filled; and
(B) with tight-fitting lids or doors if kept outside the food establishment.
(15) Using drain plugs. Drains in receptacles and waste handling units for refuse,
recyclables, and returnables shall have drain plugs in place.
(16) Maintaining refuse areas and enclosures. A storage area and enclosure fur refuse,
recyclables, or returnables shall be maintained free of unnecessary items, as specified under
§229. 167(p)(14) of this title, and clean.
(I7) Cleaning receptacles.
(A) Receptacles and waste handling units for refuse, recyclables, and
returnables shall be thoroughly cleaned in a way that does not contaminate food, equipment, utensils,
linens, or single-service and single-use articles, and waste water shall be disposed of as specified
under subsection (j)(4) of this section.
(B) Soiled receptacles and waste handling units for refuse, recycl ables, and
retumables shall be cleaned at a frequency necessary to prevent them from developing a buildup of
soil or becoming attractants for insects and rodents.
(m) Refuse removal.
( 1 ) Frequency. Refuse, recyclables, and retumables shall be removed from the premises
at a frequency that will minimize the development of objectionable odors and other conditions that
attract or harbor insects and rodents.
(2) Receptacles or vehicles. Refuse, recyclables, and remrnables shall be removed from
the premises by way of:
1~229.166~m} ~229.166(n~
(A) portable receptacles that are constructed and maintained according to law; or
(B) a transport vehicle that is constructed, maintained, and operated according to
law.
(n) Facilities for disposal and recycling community or individual facility. Solid waste not
disposed of through the sewage system such as through grinders and pulpers shall be recycled or
disposed of in an approved public or private community recycling or refuse facility; or solid waste
shall be disposed of in an individual refuse facility such as a landfill or incinerator which is sized,
constructed, maintained, and operated according to law.
~229.167(a) §229.167(c}
§229.167 Physical Facilities.
(a) Indoor areas, surface characteristics. Materials for indoor floor, wail, and ceiling surfaces
under conditions of normai use shail be:
( 1 ) smooth, durable, and easily cleanable for areas where food establishment operations
are conducted;
(2) closely woven and easily cleanable carpet for carpeted areas; and
(3) nonabsorbent for areas subject to moisture such as food preparation areas, walk-in
refrigerators, warewashing areas, toilet rooms, mobile food establishment servicing areas, and areas
subject to flushing or spray cleaning methods.
(b) Outdoor areas, surface characteristics.
( 1 ) Walking and driving areas. The outdoor waiking and driving areas shall be surfaced
with concrete, asphait, or gavel or other materials that have been effectively treated to minimize dust,
facilitate maintenance, and prevent muddy conditions.
(2) Exterior surfaces. Exterior surfaces of buildings and mobile food establishments
shail be of weather-resistant materials and shall comply with law.
(3) Storage areas. Outdoor storage areas for refuse, recyclables, or returnables shail
be of materiais specified under §229.166(1)(2) and (3) of this title (relating to Water, Plumbing, and
Waste).
(c) Floors, walls, and ceilings,
( 1 ) Cleanability. Except as specified in paragraph (4) of this subsection, the floors, floor
coverings, wails, wall coverings, and ceilings shall be designed, constructed, and instailed so they are
smooth and easily cleanable, except that antislip floor coverings or applications may b e used for safety
reasons.
(2) Floors, wails, and ceilings, utility lines.
(A) Utility service lines and pipes may not be unnecessarily exposed.
(B) Exposed utility service lines and pipes shail be installed so they do not obstruct
or prevent cleaning of the floors, walls, or ceilings.
~229.167{c} 1}229.167(d
(C) Exposed horizontal utility serqice lines and pipes may not be installed on the
floor.
(3) Floor and wail junctures, coved, and enclosed or sealed.
(A) In Food establishments in which cleaning methods other than water flushing
are used For cleaning floors, the floor and wall junctures shall be coved and closed to no larger than
1 millimeter (one thirty-second inch).
(B) The floors in food establishments in which water flush cleaning methods are
used shall be provided with drains and graded to drain, and the floor and wail junctures shall be coved
and sealed.
(4) Floor carpe~ng, restrictions and installation.
(A) Carpetng may not be installed as a floor covering in food preparation areas,
walk-in refrigerators, warewashing areas, toilet room areas where handwashing lavatories, toilets, and
urinals are located, refuse storage rooms, or other areas subject to moisture, flushing, or spray
cleaning methods.
(B) If carpeting is installed as a floor covering in areas other than those specified
in subparagraph (A) of this paragraph, it shall be:
(i) securely attached to the floor with a durable mastic, by using a stretch
and tack method, or by another method; and
(ii) installed tightly against the wail under the coring or installed away from
the wail with a space between the carpet and the wall and with the edges of the carpet secured by
metal stripping or some other means.
(5) Floor covering~ mats and duckboards. Mats and duckboards shall be designed to
be removable and easily cleanable.
(6) Wall and ceiling coverings and coatngs.
(A) Wall and ceiling covering materials shall be attached so that they are easily
cleanable.
(B) Except in areas used only for dry storage, concrete, porous blocks, or bricks
used for indoor wail constructon shall be finished and sealed to provide a smooth, nonabsorbent,
easily cleanable surface.
101
~229.167(c~ ~229.167~rd]
(7) Wails and ceilings, attachments.
(A) Exceptasspecifiedinsubparagraph(B)ofthisparagraph, attachments to walls
and ceilings such as light fixtures, mechanical room ventilation system components, vent covers, wail
mounted fans, decorative items, and other attachments shall be easily cleanable.
(B) In a consumer area, wall and ceiling surfaces and decorative items and
attachments that are provided for ambiance need not meet this requirement if they are kept clean.
(8) Wails and ceilings, studs, joists, and rafters. Studs, .~oists, and rafters may not be
exposed in areas subject to moisture. This requirement does not apply to tempora~ ~'ood
establishments.
(d) Functionality.
(1) Light bulbs, protective shielding.
(A) Except as specified in subparagraph (B) of this paragraph, light bulbs shall be
shielded, coated, or otherwise shatter-resistant in areas where there is exposed food; dean equipment,
utensils, and linens; or unwrapped single-service and single-use articles.
(B) Shielded, coated, or otherwise shaCter-resistantbulbsneednotbeusedinareas
used only for storing food in unopened packages,
(i) the integrity of the packages cannot be affected by broken glass failing
onto them; and
(ii) the packages are capable of being cleaned of debris from broken bulbs
before the packages are opened.
(C) An infrared or other heat lamp shall be protected against breakage by a shield
surrounding and extending beyond the bulb so that only the face of the bulb is exposed.
(2) Heating, ventilating, air conditioning system vents~ Heating, ventilating, and air
conditioning systems shall be designed and installed so that make-up air intake and exhaust vents do
not cause contan~tnation of Food, food contact su~aces, equipment, or utensils.
(3) Insect control devices, design and inst~lation.
(A) Insect control devices that are used to electrocute or stun flying insects shail
be designed to retain the insect within the device.
102
1}229.167~d) .1i229.167(d}
(B) Insect control devices shall be installed so that:
(i) the devices are not located over a food preparation area; and
(ii) dead insects and insect fragments are prevented from being impelled onto
or failing on exposed food; clean equipment, utensils, and linens; and unwrapped single-service and
single-use articles.
(4) Toilet rooms, enclosed. A toilet room located on the premises shail be completely
enclosed and provided with a tight-fitting and self-closing door except that this requirement does not
apply to a toilet room that is located outside a food establishment and does not open directly into the
food establishment such as a toilet room that is provided by the management of a shopping mall.
(5) Outer openings, protected.
(A) Except as specified in subparagraphs (B) and (C) of this paragraph, outer
openings of a food establishment shall be protected against the entry of insects and rodents by:
(i ) filling or closing holes and other gaps along floors, wails and ceilings;
(ii) closed, tight-fitting windows; and
(iii) solid self-closing, tight-fitting doors, except that doors designed for
emergency exit only and which are activated for security aiarm when opened need not be self-closing.
(B) Subparagraph (A) of this paragraph does not apply if a food establishment
opens into a larger structure, such as a mall, airport, or office building, or into an attached structure,
such as a porch, and the outer openings from the larger or attached structure are protected against
the entry of insects and rodents.
(C) Except as specified in subparagraphs (B) and (12)) of this paragraph, if the
windows or doors of a food establishment, or of a larger structure within which a food establishment
is located, are kept open for ventilation or other purposes, or a temporary food establishment is not
provided with windows and solid doors as specified under subparagraph (A) of this paragraph, the
openings shail be protected against the entry of insects and rodents by:
(i) 16 mesh to 25.4 millimeters (16 mesh to 1 inch) screens;
(ii) properly designed and installed air curtains; or
4229.167 (d} 4229. 167t'e}
(iii) other effective means.
(D) Subparagraph (C) of this paragraph does not apply if flying insects and other
pests are absent due to the location of the establishment or other limiting condition.
(6) Exterior wails and roofs, protective barrier. Perimeter wails and roofs of a food
establishment shail effectively protect the establishment from the weather and the entry of insects,
rodents, and other animais.
(7) Outdoor food vending areas, overhead protection. If located outside, a machine
used to vend food shail be provided with overhead protection except that machines vending canned
beverages need not meet this requirement.
(8) Outdoor wal king and driving surfaces, graded to drain. Exterior waiking and driving
surfaces shail be graded to drain.
(9) Outdoor refuse areas, curbed and graded to drain. Outdoor refuse areas shall be
constructed in accordance with law and shail be curbed and graded to drain to collect and dispose of
liquid waste that results from the refuse and from cleaning the area and waste receptacles.
(10) Private homes and living or sleeping quarters, use prohibition. 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 establishment operations.
(11) Living or sleeping quarters, separation. Living or sleeping quarters located on the
premises of a food establishment such as those provided for lodging registration clerks or resident
managers shail be separated from rooms and areas used for food establishment operations by
complete partitioning and solid self-closing doom.
(e) Handwashing lavatories.
(1) Minimum number. Handwashing lavatories shail be provided as specified under
§229.166(g)(1) of this title.
(2) Handwashing cleanser, availability. Each handwashing lavatory or group of two
adjacent lavatories shail be provided with a supply of hand cleaning liquid, powder, or bar soap.
(3) Hand drying provision. Each handwashing lavatory or group of adjacent lavatories
shall be provided with:
(A) individuai, disposable towels;
104
1}229.167(e} §229.167(h}
(B) a continuous towel system that supplies the user with a clean towel; or
(C) a heated-air hand drying device.
(4) Handwashing aids and devices, use restrictions. A sink used for food preparation
or utensil washing, or a service sink or curbed cleaning facility used for the disposal of mop water or
similar wastes, shall not be provided with the handwashing aids and devices required for a
handwashing lavatory as specified in paragraphs (2) and (3) of this subsection and §229.166(1)(7)(C)
of this rifle.
(f) Toilets and urinals.
(1) Minimum number. Toilets and urinals shall be provided as specified under
§229.166(g)(2) of this rifle.
(2) Toilet tissue, availability. A supply of toilet tissue shall be available at each toilet.
(g) Lighting, intensity. The light intensity shall be:
(I) at least I 10 lux ( 10 foot candles) at a distance of 75 centimeters (30 inches) above
the floor, in walk-in refrigeration units and dry food storage areas and in other areas and rooms
during periods of cleaning~
(2) at least 220 lux (20 foot candies):
(A) at a surface where food is provided for consumer self-service such as buffets
and salad bars or where fresh produce or packaged foods are sold or offered for consumption:
(13) inside equipment such as reach-in and under-counter refrigerators; or
(C) at a distance of 75 centimeters (30 inches) above the floor in areas used for
handwashing, warewashing, and equipment and utensil storage, and in toilet rooms; and
(3) at least 540 lux (50 foot candles) at a surface where a food employee is working
with food or working with utensils or equipment such as knives, slicers, grinders, or saws where
employee safety is a factor.
(h) Ventilation, mechanical. If necessary to keep rooms free of excessive heat, steam,
condensation, vapors, obnoxious odors, smoke, and fumes, mechanical ventilation of sufficient
capacity shall be provided.
§229.167(i) 1~229.167(n~
(i) Dressing areas and lockers, designation.
(1) Prnvisionfordressingroomsandareas. Dressingroomsordressingareasshall
be designated if employees routinely change their clothes in the establishment.
(2) Lockers. Lockers or other suitable facilities shall be provided for the orderly
storage of employees' clothing and other possessions.
(j) Service sinks, availability. A service sink or curbed cleaning facility shall be provided as
specified under §229.166(g)(3) of this title.
(k) Handwashing lavatories, conveniently located. Handwashing lavatories shall be
conveniently located as specified under §229.166(h)(1) of this rifle.
(1) Toilet rooms, convenience and accessibility. Toilet rooms shall be conveniently located
and accessible to employees during all hours of operation.
(m) Employee accommodations, designated areas.
(1) Eating and tobacco areas. Areas designated for employees to eat, drink, and use
tobacco shall be located so that food, equipment, linens, and single-service and single-use articles are
protected from contamination.
(2) Location of lockers. Lockers or other suitable facilities shall be located in a
designated room or area where contamination of food, equipment, utensils, linens, and single-service
and single-use articles cannot occur.
(n) Distressed merchandise, segregation and location, Products that are held by the permit
holder for credit, redemption, or return to the distributor, such as damaged, spoiled, or recalled
products, shall be segregated and held in designated areas that are separated from food, equipment,
utensils, linens, and single-service and single-use articles.
(o) Receptacles, waste handling units, and designated storage areas. Units, receptacles, and
areas designated for storage of refuse and recyclable and returnable containers shall be located as
specified under §229.166(1)(10) of this rifle.
(p) Premises, buildings, systems, rooms, fixtures, equipment, devices, and materials.
(1) Repairing. The physical facilities shall be maintained in good repair.
(2) Cleaning, frequency and restrictions.
106
~229.1671'n} l~229.1671'1~
(A) Thephysicalfacilitiesshallbecleanedasoftenasnecessarytokeepthemclean.
(B) Cleaning shall be done during periods when the least amount of food is
exposed such as after closing. This requirement does not apply to cleaning that is necessary due to
a spill or other accident.
(3) Cleaning floors, dustless methods.
(A) Except as specified in subparagraph (B) of this paragraph, only dustless
methods of cleaning shall be used, such as wet cleaning, vacuum cleaning, mopping with treated dust
mops, or sweeping using a broom and dust-arresting compounds.
(B) Spills or drippage on floors that occur between normal floor cleaning times
may be cleaned:
(i) without the use of dust-arresting compounds; and
(ii) in the case of liquid spills or drippage, with the use of a small amount of
absorbent compound such as sawdust or diatomaceous earth applied immediately before spot
cleaning.
(4) Cleaning ventilation systems, nuisance and discharge prohibition.
(A) Intake and exhaust air ducts shall be cleaned and filters changed so they are
not a source of contamination by dust, dirt, and other materials.
(B) If vented to the outside, ventilation systems may not create a public health
hazard or nuisance or unlawful discharge.
(5) Cleaning maintenance tools, preventing contamination. Food preparation sinks,
handwashing lavatories, and warewashing equipment may not be used for the cleaning of maintenance
tools, the preparation or holding of maintenance materials, or the disposal of mop water and similar
liquid wastes.
(6) Drying mops. AFter use, mops shall be placed in a position that allows them to air-
dry without soiling walls, equipment, or supplies.
(7) Absorbent materials on floors, use limitation. Except as specified under paragraph
(3)(B) of this subsection, sawdust, wood shavings, granular salt, baked clay, diatomaceous earth, or
similar materials may not be used on floors.
107
1~229.167(p} 1~229.1671'p)
(8) Maintaining and using handwashing lavatories. Handwashing lavatories shall be kept
clean and maintained and used as specified under {}229.166(i)(1) of this title.
(9) Closing toilet room doors. Toilet room doors as specified under subsection (d)(4)
of this section shall be kept closed except during cleaning and maintenance operations.
(10) Using dressing rooms and lockers.
(A) Dressing rooms shall be used by employees if the employees regularly change
their clothes in the establishment.
(B) Lockers or other suitable facilities shall be used for the orderly storage of
employee clothing and other possessions.
(11) Controlling pests.
(A) Insects, rodents, and other pests shall be controlled as specified in
subparagraph (B) of this paragraph to minimize their presence:
(i) within the physical facility and its contents; and
(ii) on the contiguous land or property under the control of the permit
holder.
(B) The presence of insects, rodents, and other pests shall be controlled by:
(i) routinely inspecting incoming shipments of food and supplies;
(ii) routinely inspecting the premises for evidence of pests;
(iii) using methods, if pests are found, such as lxapping devices or other
means of pest control as specified under §229.168(d)(2) and (h)(2) and (3) of this title (relating to
Poisonous or Toxic Materials); and
(iv) eliminating harborage conditions.
(12) Removing dead or trapped birds, insects, rodents, and other pests. Dead or trapped
birds, insects, rodents, and other pests shall be removed from control devices and the premises at a
frequency that prevents their accumulation, decomposition, or the attraction of pests.
(13) Storing maintenance tools. Maintenance tools such as brooms, mops, vacuum
108
~229.167(p} 1~229.167(1~1
cleaners, and similar items shall b& <
(A) storedsotheydonotcontaminatefood, equipment, utensils, linens, andsingle-
service and single-use articles; and
(B) stored in an orderly manner that facilitates cleaning of the area used for storing
the maintenance tools.
(14) Maintaining premises, unnecessary items and litter. The premises shall be free of:
(A) itemsthatareunnecessarytotheoperationormaintenanceoftheestablishment
such as eqmpment that is nonfunctional or no longer used; and
(B) litter.
(15) Prohibiting animals.
(A) Except as specified in subparagraphs (B) and (C) of this paragraph, live
animals may not be allowed on the premises of a food establishment.
(B) Live animals may be allowed in the following situations if the contamination
of food, clean equipment, utensils, linens, and unwrapped single-service and single-use articles can
not result:
(i) edible fish or decorative fish in aquariums, shellfish or cmstacea on ice
or under refrigeration, and shellfish and crustacea in display tank systems;
(ii) patrol dogs accompanying police or security officers in offices and
dining, sales, and storage areas, and sentry dogs nmning loose in outside fenced areas;
(iii) in areas that are not used for food preparation such as dining and sales
areas, support animals such as guide dogs that are trained to assist an employee or other person who
is handicapped, are controlled by the handicapped employee or person, and are not allowed to be on
seats or tables; and
(iv) pets in the common dining areas ofgroup residences at times other than
during meals if:
(I) effective partitioning and self-closing doors separate the common
dining areas from food storage or food preparation areas;
§229.167(1~ ~229.167C0~
(II) condiments, equipment, and utensils are stored in enclosed cabinets
or removed from the common dining areas when pets are present; and
(III) dining areas including tables, countertops, and similar surfaces are
effectively cleaned before the next meal service.
(C) Live or dead fish bait shall be stored so that contamination of food; clean
equipment, utensils, and linens; and unwrapped single-service and single-use articles cannot result.
110
§229. 168(a) 8229.168~'d)
§229.168 Poisonous or Toxic Materials.
(a) Original containers, identifying information, prominence. Containers of poisonous toxic
materials and personal care items shall bear a legible manufacturer's label.
(b) Working containers, common name. Working containers used for storing poisonous or
toxic materials such as cleaners and sanitizers taken from bulk supplies shall be clearly and
individually identified with the common name of the material.
(c) Storage, separation. Poisonous or toxic materials shall be stored so they cannot
contaminate food, equipment, utensils, linens, and single-service and single-use articles by:
(I) separating the poisonous or toxic materials by spacing or partitioning; and
(2) locating the poisonous or toxic materials in an area that is not above food,
equipment, utensils, linens, and single-service or single-use articles. This paragraph does not apply
to equipment and utensil cleaners and sanitizers that are stored in warewashing areas for availability
and convenience if the materials are stored to prevent contamination of food, equipment, utensils,
linens, and single-service and single-use articles.
(d) Presence and use.
(1) Restriction.
(A) Onlythosepoisonousortoxicmaterialsthatarerequiredfortheoperationand
maintenance of a food establishment, such as for the cleaning and sanitizing of equipment and utensils
and the control of insects and rodents, shall be allowed in a food establishment.
(B) Subparagraph (A) ofthis paragraph does not apply to packaged poisonous or
toxic materials that are for retail sale.
(2) Conditions of use. Poisonous or toxic materials shall be:
(A) used according to:
(i) law and these rules;
(ii) manufacturer's use directions included in labeling, and, for a pesticide,
manufacturer' s label instructions that state that use is allowed in a food establishment;
(iii) the conditions of certification, if certification is required, for use of
111
15229.168fd1 1~229.168(f}
the pest control materials; and
(iv) additional conditions that may be established by the regulatory authority;
and
(B) applied so that:
(i) a hazard to employees or other persons is not constituted; and
(ii) contamination including toxic residues due to drip, drain, fog, splash or
spray on food, equipment, utensils, linens, and single-service and single-use articles is prevented, and
for a restricted-use pesficide, this is achieved by:
(I) removing the items;
(II) covering the items with impermeable covers;
(III) taking other appropriate preventive actions; and
(IV) cleaningandsanitizingequipmentandutensilsaf~ertheapplicalion;
and
(C) for restricted use pesticides, applied only by an applicator certified as defined
in 7 USC 136(e), Certified Applicator, of the Federal Insecticide, Fungicide and Rodenticide Act, or
a person under the direct supervision of a certified applicator.
(e) Container prohibitions, poisonous or toxic material containers. A container previously
used to store poisonous or toxic materials may not be used to store, transport, or dispense food. A
food container may not be used to store, transport, or dispense poisonous or toxic materials.
(f) Chemicals.
(1) Sanitizers, criteria. Chemical sanitizers and other chemical antimicrobials applied
to food contact surfaces shall meet the requirements specified in 21 CFR 178.1010, Sanitizing
Solutions.
(2) Chemicals for washing fruits and vegetables, criteria. Chemicals used to wash or
peel raw, whole fruits and vegetables shall meet the requirements specified in 21 CFR 173.315,
Chemicals used in washing or to assist in the lye peeling of fruits and vegetables.
112
~229.168(f} ~229.168(h~
(3) Boiler water additives, criteria. Chemicals used as boiler water additives shall meet
the requirements specified in 21 CFR 173.31 O, Boiler Water Additives.
(4) Drying agents, criteria. Drying agents used in conjunction with sanitization shall:
(A) contain only components that are listed as one of the following:
(i) generallyrecognizedassafeforuseinfoodasspecifiedin2iCFR182-
Substances Generally Recognized as Safe, or 21 CFR 184 - Direct Food Substances Affirmed as
Generally Recognized as Safe;
(ii) generally recognized as safe for the intended use as specified in 21 CFR
186 - Indirect Food Substances Affirmed as Generally Recognized as Safe;
(Hi) approvedforuseasadryingagentunderapdorsanctionspecifiedin21
CFR 181 - Prior-Sanctioned Food Ingredients;
(iv) specifically regulated as an indirect food additive for use as a drying
agent as specified in 21 CFR Parts 175-178; or
(v) approved for use as a drying agent under the threshold of regulation
process established by 21 CFR 170.39, Threshold of regulation for substances used in food-contact
articles; and
(B) when sanitization is with chemicals, the approval required in subparagraph
(A)(iii) or (v) of this paragraph or the regulation as an indirect food addRive required in subparagraph
(A)(iv) of this paragraph, shall be specifically for use with chemical sanitizing solutions.
(g) Lubricants, incidental food contact, criteria. Lubricants shall meet the requirements
specified in 21 CFR 178.3570, Lubricants with incidental food contact, if they are used on food-
contact surfaces, on bearings and gears located on or within food-contact surfaces, or on bearings
and gears that are located so that lubricants may leak, drip, or be forced into food or onto food-
contact surfaces.
(h) Pesticides.
(I) Restricted use pesticicles, criteria. Restricted use pesticicles as specified in
subsection (d)(2)(C) of this section shall be listed by the U.S. Environmental Protection Agency
(EPA) as meeting the requirements specified in 40 CFR 152 Subpart 1, Classification of Pesticides.
113
1~229.168(h) 15229.168(k}
(2) Rodent bait stations. Rodent bait shall be contained in a covered, tamper-resistant
bait station.
(3) Tracking powders, pest control and monitoring.
(A) A lxacking powder pesticide may not be used in a food establislunent.
(B) If used, a nontoxic tracking powder such as talcum or flour may not
contaminate food, equipment, utensils, linens, and single~service and single-use articles.
(i) Medicines.
(1) Restriction and storage~
(A) Only those medicines that are necessary for the health of employees shall be
allowed in a food establishment, This section does not apply to medicines that are stored or displayed
for retail sale.
(B) Medicines that are in a food establishment for the employees' use shall be
labeled as specified under subsection (a) of this section and located to prevent the contamination of
food, equipment, utensils, linens, and single-service and single-use articles.
(2) Refrigerated medicines, storage. Medicines belonging to employees or to children
in a day care center that require refrigeration and are stored in a food refrigerator shall be:
(A) storedinapackageorcontainerandkeptinsideacovered, leakproofcontainer
that is identified as a container for the storage of medicines; and
(B) located so that they are inaccessible to children.
(j) First aid supplies, storage. First aid supplies that are in a food establishment for the
employees' use shall be:
(1) labeled as specified under subsection (a) of this section; and
(2) stored in a kit or a container that is located to prevent the contamination of food,
equipment, utensils, and linens, and single-service and single-use articles.
(k) Other personal care items, storage. Except as specified in subsections (i)(2) and (~) of this
section, employees shail store their other personal care items as specified under §229.167(i)(2) of this
title (relating to Physical Facilities).
114
~229.168(I) §229. 168~l)
(l) Storage and display, separation. Poisonous or toxic materials shall be stored and
displayed for retail sale so they cannot contaminate food, equipment, utensils, linens, and single-
service and sinpie-use articles by:
(1) separating the poisonous or toxic materials by spacing or partilioning; and
(2) locating the poisonous or toxic materials in an area that is not above food,
equipment, utensils, linens, and sinpie-service or sinpie-use articles.
115
1}229.169(a) 1~229.169(a}
{}229.169 Mobile Food Establishments.
(a) Mobile food establishment provisions.
( 1 ) General. Mobile food establishments shall comply with the requirements of these
roles, except as otherwise provided in this paragraph and in paragraph (2) of this subsection. The
regulatory authority may impose additional requirements to protect against health hazards related to
the conduct of the food establishment as a mobile operation, may prohibit the sale of some or all
potentially hazardous food, and when no health hazard will result, may waive or modify requirements
of this role relating to physical facilities, except those requirements as specified in paragraphs (5) and
(6) of this subsection; subsection (b)(l) of this section; subsection (c)(1)(A)-(E) of this section and
§229.164(k)-(n) of this title (relating to Food).
(2) Restricted operation. Mobile food establishments that serve only food that is
prepared, packaged in individual servings, transported and stored under conditions meeting the
requirements Qfthese sections, or beverages that are not potentially hazardous and are dispensed from
covered urns or other protected equipment, need not comply with the requirements of these rules
pertaining to the necessity of water and sewage systems nor to those requirements pertaining to the
cleaning and sanitization oaf equipment and utensils if the required equipment for cleaning and
sanitization exists at its central preparation facility.
(3) Single-service articles. Mobile food establishments shall provide only single-
service articles for use by the consumer.
(4) Existing refrigeration equipment. Existing refrigeration equipment will be
upgraded to meet the 41 degree Fahrenheit requirement or replaced as specified in §229.164(n)(6)(C)
of this rifle.
(5) Mobile water tank and mobile food establishment water tank.
(A) Approved materials. Materials that are used in the construction of a mobile
water tank, mobile food establishment water tank and appurtenances shall meet the requirements
specified in §229.165(a)( 1 )(A), (B), and (D) of this title (relating to Equipment, Utensils, and Linens).
(B) Water system. A mobile food unit requiring a water system shall meet the
requirements of §229. 166(a)-(d) of this title (relating to Water, Plumbing, and Waste). The system
shall be of sufficient capacity to furnish enough hot and cold water for food preparation, utensil
cleaning and sanitizing, and hand washing, in accordance with the requirements of these roles.
(C) Enclosed system, sloped to drain. A mobile water tank shall be enclosed
116
~229.169(a) ~229.169~a~
from the fdling inlet to the discharge outlet and sloped to an oufiet that allows complete drainage of
the tank. All water distribution pipes or tubing shall be constructed and installed in accordance with
the requirements of these n~l es.
(D) Inspection and cleaning port, protected and secured. If a water tank is
designed with an access port for inspection and cleaning, the opening shall be in the top of the tank
and:
(i) ~anged upward at least 13 millimeters (one-half inch); and
(ii) equipped with a port cover assembly that is provided with a gasket
and a device for securing the cover in place, and ~anged to overlap the opening and sloped to drain.
(E) "V" type threads, use limitation. A fitting with "v" type threads on a water
tank inlet or outlet may be allowed only when a hose is permanently attached.
(F) Tank vent, protected. If provided, a water tank vent shall terminate in a
downward direction and shall be covered with:
(i) 16 mesh to 25.4 millimeters (t 6 mesh to 1 inch) screen or equivalent
when the vent is in a protected area; or
(ii) a protective filter when the vent i s in an area that is not protected from
windblown dirt and debris.
(G) Inlet and outlet, sloped to drain.
(i) A water tank and its inlet and oufiet shall be sloped to drain.
(ii) A water tank inlet shall be positioned so that it is protected from
contaminants such as waste discharge, road dust, oil, or grease.
(H) Hose, construction and identification. A hose used for conveying drinking
water from a water tank shall be:
(i) safe;
(ii) durable, corrosion-resistant, and nonabsorbent;
(iii) resistant to pitling, chipping, crazing, scratching, scoring, distortion,
and decomposition;
117
1~229.1691ra] .~229.1691'a}
(iv)finished with a smooth interior surface; and
(v) clearly and durably identified as to its use if not permanently attached.
(I) Filter, compressed air. A filter that does not pass oil or oil vapors shall be
installed in the air supply line between the compressor and drinking water system when compressed
air is used to pressurize the water tank system.
(J) Protective cover or device. A cap and keeper chain, closed cabinet, closed
storage tube, or other approved protective cover or device shall be provided for a water inlet, outlet,
and hose.
(K) Mobile food establishment tank inlet. A mobile food establishment's water
tank inlet shall be 19.1 millimeters (three-fourths inch) in inner diameter or less and provided with a
hose connection of a size or type that will prevent its use for any other service.
(L) System flushing and disinfection. A water tank, pump, and hoses shall be
flushed and sanitized before being placed in service after construction, repair, modification, and
periods of nonuse.
(M) Using a pump and hoses, backflow prevention. A person shall operate a
water tank, pump, and hoses so that backflow and other contamination of the water supply are
prevented.
CN) Protecting inlet, outlet, and hose fitting. [fnot in use, awatertank and hose
inlet and outlet fitting shall be protected as specified under subparagraph (J) of this paragraph.
(0) Tank, pump, and hoses, dedication.
(i) Except as specified in clause (ii) of this subparagraph, a water tank,
pump, and hoses used for conveying drinking water shall be used for no other purpose.
(ii) Water tanks, pumps, and hoses approved for liquid foods may be used
for conveying drinking water if they are cleaned and sanitized after each use.
(6) Sewage, other liquid waste, and rainwater.
(A) Waste retention. If liquid waste results from operation of a mobile food
establishment, the waste shail be stored in a permanently installed retention tank.
118
15229. 169(a) §229. 169(c)
(B) Capacity and drainage. A sewage holding tank in a mobile food
establishment shall be:
(i) sized at least 15% larger in capacity than the water supply tank; and
(ii) sloped to a drain that is 25 millimeters (I inch) in inner diameter or
greater, equipped with a shut-off valve.
(C) A/I connections on the vehicle for servicing the mobile food establishment
waste disposal facilities shall be of a different size or type than those used for supplying potable water
to the mobile food establishment.
(D) Discharge liquid waste shall not be discharged from the retention tardc while
the mobile food establishment is in motion.
(E) Flushing a waste retention tank. A tank for liquid waste retention shall be
thoroughly flushed and drained in a sanitary manner.
(F) Removing mobile food establishment wastes. Sewage and other liquid
wastes shall be removed from a mobile food establishment at an approved waste servicing area or by
a sewage transport vehicle in such a way that a public health hazard or nuisance is not created.
(b) Central preparation facility.
(1) Supplies, cleaning, and servicing operations. Mobile food establishments shall
operate from a central preparation facility or other fixed food establishment and shall report to such
location for supplies and for cleaning and servicing operations.
(2) Construction. The central preparation facility or other fixed food service
establishment, used as a base of operation for mobile food establishments, shall be constructed and
operated in compliance with the requirements of these rules.
(c) Servicing area and operations.
(l) Protection.
(A) A mobile food establishment servicing area shall be provided and shall
include at least overhead protection for any supplying, cleaning, or servicing operation except those
areas used only for the loading of water and/or the discharge of sewage and other liquid waste,
through the use of a closed system of hoses, need not be provided with overhead protection.
119
l~229. 169fc} 1~229. 169(c~
(B) Within this servicing area, a location provided for the flushing and drainage
of liquid wastes shall be separate from the location provided for water servicing and for the loading
and unloading of food and related supplies.
(C) This servicing area will not be required where only packaged food is placed
on the mobile food establishment or where mobile food establishments do not contain waste retention
tanks.
(D) The surface of the servicing area shall be constructed of a smooth
nonabsorbent material, such as concrete or machine-laid asphalt and shall be maintained in good
repair, kept clean, and be graded to drain.
(E) Potable water servicing equipment shall be installed in the servicing area
according to law and stored and handled in a way that protects the water and equipment from
contamination.
'(2) Construction exemption. The construction of the wails and ceilings of the
servicing area is exempted from the provisions of §229.167(c)(l) of this title (relating to Physical
Facilities).
~229.170(a) ~229. 170(f~
§229.170 Temporary Food Establishments.
(a) General. A temporary food establishment shall comply with the requirements of these
rules except as otherwise provided in this section. The regulatory authority may impose additional
requirements to protect against health hazards related to the conduct of the temporary food
establishment, may prohibit the sale of some or all potentially hazardous foods, and when no health
heard will result, may waive or modify requirements of these roles.
(b) Food temperatures. AiI food temperature requirements shall be met as contained in
§229. i64(k)-(n) of this title (relating to Food).
(c) Ice. Ice that is consumed or that contacts food shall have been made under conditions
meeting the requirements of these roles. The ice shall be obtained only in chipped, crushed, or cubed
form and in single-use safe plastic or wet-strength paper bags filled and sealed at the point of
manufacture. Ice for consumption shall be held in their bags until it is dispensed in a way that
protects it from contamination.
(d) Equipment.
( 1 ) Design and construction. Equipment and utensils shall be designed and constructed
to be durable and to retain their characteristic qualities under normal use conditions.
(2) Location and installation. Equipment shall be located and installed and cleaned in
a way that prevents food contamination and that also facilitates cleaning of the establishment.
(3) Hot and cold holding equipment. Equipment for cooling or heating food, and
holding cold or hot food shalI be adequate in number and capacity to provide food temperatures as
specified under §229.164(k)-(n) of this title.
(4) Protection from contamination. Food-contact surfaces of equipment shall be
protected from contamination by consumers and other contamination sources. Where necessary to
prevent contamination, effective shields for such equipment shall be provided.
(5) Alternative manual warewashing. Alternative manual warewashing equipment, such
as receptacles that substitute for the compartments of a multi-compartment sink, may be used when
there are special cleaning needs or constraints and the regulatory authority has approved the use of
alternative equipment.
(e) Single-service articles. A temporary food establishment shall provide only single-service
articles for use by the consumer.
(f) Water. Water from an approved source shall be made available in a temporary food
121
1~229.170(f} 11229.1701k)
establishment for food preparation, handwashing, and for cleaning and sanilizing utensils and
equipment. Water need not be under pressure but shall come from approved sources which include:
commercially bottled drinking water, closed portable water containers, enclosed vehicular water
tanks, on-premise water storage tanks, or piping, tubing or hoses connected to an approved source.
(g) Wet storage. Packaged food may not be stored in direct contact with ice or water if the
food is subject to the entry of water because of the nature of its packaging, wrapping, or container
or its positioning in the ice or water.
(h) Sewage. All waste water and sewage generated from the establishment shall be disposed
of through an approved sanitary sewage system that is constructed, maintained and operated
according to law.
(i) Handwashing. Handwash facilities with water, soap and individual disposable towels shall
be provided for employee handwashing. The handwash facility may consist of a container of water
with spigot and catch pan or two separate basins, one for washing and one for rinsing. When food
exposure is limited and handwash facilities are not available, the regulator,] authority may permit the
use of chemically treated towel ettes for handwashing.
(j ) Floors. If graded to drain, a floor may be concrete, machine-laid asphalt, dirt, or gravel
if it is covered with mats, removable platforms, duckboards, or other suitable materials approved by
the regulatory authority that are effectively treated to control dust and mud.
(k) Ceilings and outer openings of food preparation areas.
( 1 ) Ceilings. Ceilings shall be made of wood, canvas, or other materials that protect the
interior of the establishment from the weather, windblown dust, birds, and debris.
(2) Outer openings. The outer openings shall be protected against entry of insects and
rodents by:
(A) 16 mesh to 25.4 millimeters (16 mesh to I inch) screens;
(B) properly designed and installed air curtains; or
(C) other effective means.
(3) Exclusion provision. Paragraph (2) of this subsection does not apply if flying insects
and other pests are absent due to the location of the establishment or other limiting condition.
122
§229.171~a) §229.171/c}
§229. 171 Compliance and Enforcement.
(a) Use for intended purpose, public health protection.
(1) Safeguarding public health. The regulatory authority shall apply these rules to
promote its underlying purpose, as specified in §229.161 of this title (relating to Purpose), of
safeguarding public health and ensuring that food is safe, unadulterated, and honestly presented when
offered to the consumer·
(2) Assessment of existing facilities. In enforcing the provisions of these rules, the
regulatory authority shall assess eydsting facilities or equipment that were in use before the effective
date of these rules based on the following considerations:
(A) whether the facilities or equipment are in good repair and capable of being
maintained in a sanitary condition;
· (B) whether food-contact surfaces comply with §229.165(a) of this title (relating
to Equipment, Utensils, and Linens); and
(C) whetherthecapacitiesofcoo~ing, heating, andholdingequipmentaresufficient
to comply with §229.165(g)(1) of this tifie.
(b) Additional requirements, preventing health hazards, provision for conditions not
addressed.
(1) Option to impose additional requirements. If necessary to protect against public
health hazards or nuisances, the department may impose specific requirements in addition to the
requirements contained in these rules if authorized by law.
(2) Required documentation. The regulatory authority shall document the conditions
that necessitate the imposition of additional ~'equirements and the madeflying public he~.lth rationale.
A copy of the documentation shall be provided to the food establishment and the original shall be
maintained in the regulatory authority's file for the food establishment.
(c) Variances.
(1) Modifications and waivers. The department's Retail Foods Division may grant a
variance by modifying or waiving the requirements of these rules if in its opinion a health hazard or
nuisance will not result from the variance. If a variance is granted, the department shall retain the
information specified in paragraph (2) of this subsection in its records for the food establishment.
(2) Documentation of proposed variance and justification. Before a variance from
1~229.171(c} 1~229.171(d}
a requirement of these rules is approved, the information that shall be provided by the person
requesting the variance shall include:
(A) a statement of the proposed variance of the role requirement citing relevant
role section numbers;
(B) an analysis of the rationale for how the potential public health hazards and
nuisances addressed by the relevant role sections will be altematively addressed by the proposal; and
(C) a Hazard Analysis Critical Control Point(HACCP) plan if required as specified
in subsection (d)( 1 )(A) of this section that includes the information specified in subsection (d)(2)(A)
of this section as it is relevant to the variance requested.
(3) Conformance with Approved Procedures. If a variance is granted as specified in
paragraph (1) of this subsection, or a HACCP plan is otherwise required as specified in subsection
(d)( 1) of this section, the food establishment shall:
(A) comply with the HACCP plans and procedures that are submitted and
approved as specified in subsection (d)(2) of this section as a basis for the modification or waiver; and
(B) maintain and provide upon request, records specified in subsection (d)(2)(D)
and (E) of this section that demonstrate that the following are routinely employed:
(i) procedures for monitoring critical control points;
(ii) monitoring of the critical control points;
(iii)verification of the effectiveness of an operation or process; and
(iv) necessa_nj corrective actions ifthere is fallure at a critical control point.
(d) HACCP plan requirements.
(1) When a HACCP plan is required.
(A) Before engaging in an activity that requires a HACCP plan, a food
establishment shall submit to the regulatory authority for approval a properly prepared HACCP plan
as specified under paragraph (2) of this subsection and the relevant provisions of these rules if a
variance is required as specified under §229.164(o)(1) of this title (relating to Food) or
§229.165(0(10)(B) of this title.
124
1~229.1711'd} 1~229.171(d)
(B) A food establishment shall have a properly prepared HACCP plan as specified
under §229.164(o)(2) of this title.
(2) Contents of a HACCP plan. For a food establishment that is required under
paragraph (1) of this subsection to have a HACCP plan, the plan and specifications shall indicate:
(A) acategorizationofthetypesofpotenliallyhazardousfoodsthatarespecified
in the menu such as soups and sauces, salads, and bulk, solid foods such as meat roasts, or of other
foods that are specified by the regulator-/authority;
(B) a flow diagram by specific food or category type identifying critical control
points and providing information on the following:
(i) ingredients, materials, and equipment used in the preparation of that
food; and
(ii) formulations or recipes that delineate methods and procedural control
measures that address the food safety concerns involved;
(C) food employee and supervisory training plan for the person(s) in charge and
food employee(s) pertaining to public health and the safety and integrity of food;
(D) astatementofstandardoperatingproceduresfortheplantmderconsiderafion
including and clearly identifying:
(i) each critical control point;
(ii) the critical limits for each critical control point;
(iii) the method and frequency for monitoring and controlling each critical
control point by the food employee designated by the person in charge;
(iv) themethodandfrequencyforthepersoninchargetoroutinelyverifythat
the food employee is following standard operating procedures and monitoring critical control points;
(v) action to be taken by the person in charge if the critical limits for each
critical control point are not met; and
(vi) records to be maintalned by the person in charge to demonstrate that the
HACCP plan is properly operated and managed; and
(E) additional scientific data or other information, as required by the regulatory
§229.1711'd) ~229.171(g)
authority, supporting the determination that food safety is not compromised by the proposal.
(e) Confidentiality, trade secrets. The regulatory authority shall treat as confidential in
accordance with the requirements of the Public Information Act, Texas Govermnent Code, Chapter
552, information that meets the criteria for a trade secret and is contained on inspection report forms
and in the plans and specifications submitted as specified in subsection (d)(2) of this section.
(f) Permit requirement, prerequisite for operation. A person may not operate a food
establishment without a valid permit or license to operate issued by the regulatory authority.
(g) Conditions of permit retention, responsibilities of the permit holder. Upon acceptance of
the permit issued by the regulatory authodty, the permit holder in order to retain the permit shall:
(1) post the permit in a location in the food establishment that is conspicuous to
consumers;
(2i comply with the provisions of these rules including the conditions of a granted
variance as specified under subsection (c)(3) of this section;
(3) ifa food establishment is required under subsection (d)(1) of this section to operate
under a HACCP plan, comply with the plan as specified under subsection (c)(3) of this section;
(4) immediately discontinue operations and notify the regulatory authority if an
imminent health hazard exists as specified in subsection (k) of this section;
(5) allow representatives of the regulatory authority access to the food establishment
as specified under subsection (i)( 1 ) of this section;
(6) except as specified in paragraph (7) of this subsection, replace existing facilities and
equipment allowed in subsection (a) of this section with facilities and equipment that comply with
these rules if:
(A) the regulatory authority directs the replacement because the facilities and
equipment constitute a public health hazard or nuisance or no longer comply with the criteria upon
which the facilities and equipment were accepted;
(B) there is a change of ownership in the establishment; or
(C) the facilities and equipment are replaced in the normal course of operation.
126
§229.171(11} .~229.171f~
(7) except for in-use food preparation line equipment, upgrade or replace refrigeration
equipment as specified under §229.164(n)(6)(C) of this title if the circumstances specified under
paragraph (6)(A)-(C) of this subsection do not occur first;
(8) comply with directires of the regulatory authority including time frames for
corrective actions specified in inspection reports, notices, orders, warnings, and other directires
issued by the regulatory authority in regard to the permit holder' s food establishment or in response
to community emergencies;
(9) accept notices issued and served by the regulatory authority according to law; and
(10) be subject to the administrative, civil, injunctive, and criminal remedies authorized
under law for failure to comply with these roles or a directive of the regulatory authority, including
time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other
directives.
(h) Inspection frequency, performance-based and risk-based. The regulatory authority should
inspect each food establishment at least once every six months. If the regulatory authority cannot
meet this frequency, inspection frequency shall be prioritized based upon assessment of a food
establishment's history of compliance with these rules and the potential for causing foodborne illness
by evaluating:
(1) past performance for noncompliance with these rules, including HACCP plan
requirements, that are critical;
(2) past performance for numerous or repeatviolations of these roles, including HACCP
plan requirements, that are noncritical;
(3) the hazards associated with the particular foods that are prepared, stored, or served;
(4) the type of operation including the methods and extent of food storage, preparation,
and service;
(5) the number of people served;
(6) whether the population served is a highly susceptible population; and
(7) any other risk factor deemed relevant to the operation by the regulatory authority~
(i) Access.
127
§229.171(i} 15229.171(i}
(1) Allowed at reasonable times after due notice. After the regulatory authority presents
official credentials, the person in charge shall allow the regulatonj authority to determine if a food
establishment is in compliance with these rules by allowing access to the establishment, allowing
inspection, and providing information pertaining to food and supplies pumhased, received or used,
or to persons employed and records specified in these roles during the food establishment's hours of
operation and other reasonable times.
(2) Refusal, notification of right to access, and final request for access. If a person
denies access to the regulatory authority, the regulatory authority shall:
(A) inform the person that:
(i) the food establishment is required to allow access to the regulatory
authority as specified under this subsection;
(ii) access is a condition of the acceptance and retention of a food
establishment'permit to operate as specified under subsection (g)(5) of this section; and
(iii) if access is denied, an order issued by the appropriate authority allowing
access, hereinafter referred to as an inspection warrant, may be obtained according to law; and
(B) make a final request for access.
(3) Refusal, reporting. If after the regulatory authority presents credentials andprovides
notice as specified under paragraph (1) of this subsection, explains the authority upon which access
is requested, and makes a final request for access as specified in paragraph (2) of this subsection, the
person in charge continues to refuse access, the regulatory authority shall provide details of the denial
of access on an inspection report form.
(4) Inspection warrant to gain access. If denied access to a food establishment for an
authorized purpose and after complying with paragraph (2) of this subsection, the regulatory
authority may issue, or apply for the issuance of, an inspection warrant to gain access as provided
under law.
(j) Report of findings.
(1) Documenting information and observations. The regulatory authority shall
document administrative information about the establishrnent's legal identity and all other findings
and observations on the inspection report form. A copy of the inspection report form shall be
furnished to the owner or person in charge which constitutes a written notice. The inspection report
form shall summarize the inspectionai findings, and shail set forth a weighted point value
128
§229.171(i} 1~229.1711k}
for each classification of inspection items. The total demerits of the establishment shall be the
cumulative total of the demerit values of the inspection items.
(2) Specifying time frame for corrections. The regulatory authority shall specify on the
inspection report form the time frame for correction of the violations as specified under subsections
(k)(1), (1)(1), and (m) of this section.
(3) Issuing report and obtaining acknowledgment of receipt. At the conclusion of the
inspection and according to law, the regulatory authority shall provide a copy of the completed
inspection report and the notice to correct violations to the permit holder or to the person in charge,
and request that the person in charge during the inspection sign the completed inspection report.
(4) Refusal to sign acknowledgment. The regulatory authority shall:
(A) inform a person who declines to sign an acknowledgment of receipt of
inspectional findings as specified in paragraph (3) of this subsection that:
(i) an acknowledgment of receipt is not an agreement with findings;
(ii) refusal to sign an acknowledgment of receipt will not affect the permit
holder's obligation to correct the violations noted in the inspection report within the time frames
specified;
(iii) arefusaltosignanacknowledgmentofreceiptisnotedintheinspection
report and conveyed to the regulatory authority's historical record for the food establishment; and
(B) make a final request that the person in charge sign an acknowledgment of
receipt of inspectional findings.
(5) Public information. Unless prohibited by law and except as specified in sub section
(e) of this section, the regulatory authority shall treat the inspection report as a public document and
shall make it available for disclosure upon request.
(6) Inspection report form. For the purposes of Chapter 437, Texas Health and Safety
Code, the department adopts the Retail Food Establishment Inspection Report form as specified in
the following figure:
Figure 1:25 TAC §229.1710)(6)
(k) Imminent health hazards.
~229.171(k) ~229.171(1)
(1) Ceasing operations and reporting.
(A) Exceptasspecifiedinsubparagraph(B)ofthisparagraph, afoodestabIishment
shall immediately discontinue operations and notify the regulatory authority if an imminent health
hazard may exist because of an emergency such as a fire, flood, extended interruption of electrical
or water service, sewage baclcup, misuse of poisonous or toxic materials, onset of an apparent
foodborne illness outbreak, gross insanitary occurrence or condition, or other circumstance that may
endanger public health.
(B) A permit holder need not discontinue operations in an area of an establishment
that is unaffected by the imminent health hazard.
(2) Resumption of operations. If operations are discontinued as specified under
paragraph (1) of this subsection or otherwise according to law, the permit holder shall obtain
approval from the regulatory authority before resuming operations.
(1) Critical violations, time frame for corrections.
(1) Timely correction.
(A) Except as specified in subparagraph (B) of this paragraph, the food
establishment shall at the time of inspection implement immediate corrective actions of at! food (PHF)
temperature violations; personnel/handling/source requirement violations; facility and equipment
requirement violations; any HACCP plan provision that is not in compliance with its critical limit; and
all other critical violations noted.
(B) Considering the nature ofthe potent-ial hazard involved and the complexity of
the corrective action needed, the reguiatory authority may agree to or specify a longer time frame,
not to exceed I0 calendar days after the inspection, for the food establishment to correct facility and
equipment requirement violations.
(2) Verification and documentation of correction.
(A) After observing at the time of inspection a correction of a violation, the
regulatory authority shall document the violation and note the corrective action on the inspection
report.
(B) Asspecifiedunderparagraph(1)(B)ofthissubsection, ifimmediatecorrection
is not achieved, the regulatory authority shall verify correction of the violation made at the time of
the next inspection, document the information on the inspection report, and enter the report in the
regulatory authority's records.
130
4229.171 a} §229.171
(c) When the total cumulative demerit value of an establishment exceeds 30
demerits, the establishment shall initiate immediate corrective action on all identified critical violations
and shall initiate corrective action on all other violations within 4g hours. One or more reinspections
shall be conducted at reasonable time intervals to assure correction.
(D) In the case of temporary food establishments, all critical violations must be
corrected immediately and other violations must be corrected within 24 hours or sooner if required
by the regulatory authority. Lfviolations are not corrected, the establishment shall immediately cease
food operations until authorized to resume by the regulatory authority.
(m) Other violations, time frame for corrections.
(1) Time frame. Except as specified in paragraph (2) of this subsection, the food
establishment shall correct all other violations as soon as possible, and in any event, by the time of
the next routine inspection, but no later than 90 calendar days after the inspection.
(2)' Extension of compliance schedu/e. The regulatory authority may approve a
compliance schedule that extends beyond the time limits specified under paragraph (I) of this
subsection if a written schedule of compliance is submitted by the food establishment and no health
hazard exists or will result from allowing an extended schedule for compliance.
(n) Examination and detention of food. The regulatory authority may examine and collect
samples of food as often as necessary for the enforcement of these rules. A receipt for samples shall
be issued by the regulatory authority. The department shall, upon written notice to the owner or
person in charge specifying the reason therefor, place under detention any food which it has probable
cause to believe is adulterated or misbranded in accordance with the provisions of the Texas Food,
Drug, and Cosmetic Act, Texas Health and Safety Code, Chapter 43 t.
(o) Investigation and control.
(1) Obtaining information: personal history of illness, medical examination, and
specimen analysis. The regulatory authority shall act when it has reasonable cause to believe that a
food employee has possibly transmitted disease; may be infected with a disease in a communicable
form that is transmissible through food; may be a carrier of infectious agents that cause a disease that
is transmissible through food; or is affected with a boil, an infected wound, or acute respiratory
infection by requiring appropriate medical examinations, including collection of specimens for
laboratory analysis, of a suspected employee and other employees.
(2) Restriction or exclusion of food employee, establishment closure. Based on the
findings of an investigation related to an employee who is suspected of being infected or diseased,
the regulatory authority may require any or all of the following:
131
1~229. 171 (o} 1~229.171 (o)
(A) immediately restricting the employee's services to specific areas and tasks in
a food establishment that present no risk of transmitting the disease;
(B) immediately excluding the employee from all food establishments; or
(C) immediately closing the food establishment until, in the opinion of the
regulatory authority, no further danger of disease outbreak exists.
(3) Restrictionorexclusionorder:warningorhearingnotrequired, informationrequired
in order. Based on the findings of the investigation as specified in paragraph (1) of this subsection
and to control disease transmission, the regulatory authority may issue an order of restriction or
exclusion to a suspected empioyee or the permit holder without prior warning, notice of a hearing,
or a hearing if the order:
(A) states the reasons for the restriction or exclusion that is ordered;
(B) states the evidence that the employee or permit holder shall provide in order
to demonstrate that the reasons for the restfiction or exclusion are eliminated;
(C) states that the suspected employee or the permit holder may request an appeal
hearing by submitting a timely request as provided under law; and
(D) provides the name and address of the regulatory authority representative to
whom a request for an appeal hearing may be made.
(4) Release of employee from restriction or exclusion. The regulator,/authority shall
release an employee from restriction or exclusion according to Texas Health and Safety Code,
Chapter 438, §438033 and the following conditions:
(A) an employee who was infected with Salmonella typhi if the employee' s stools
are negative for S. O/phi based on testing of at least three consecutive stool specimen cultures that
are taken:
(i) not earlier than one month after onset;
(ii) at least 48 hours after discontinuance of antibiotics; and
(iii) at least 24 hours apart;
(B) ifone ofthe cultures taken as specified in subparagraph (A) ofthis paragraph
is positive, repeat cultures are taken at intervals of one month until at least three consecutive negative
stool specimen cultures are obtained;
132
1~229.1711'o} §229.171C~}
(C) anemployeewhowasinfectedwithShigellaspp. orEscherichiacoliO157:H7
if the employee's stools are negative for Shigella spp. or E. coli O 157:H7 based on testing of two
consecufve stool specimen cultures that are taken:
(i) not earlier than 48 hours after discontinuance of antibiotics; and
(ii) at least 24 hours apart; and
(D) an employee who was infected with hepatitis A virus if:
(i) symptoms cease; or
(ii) at least two blood tests show falling liver enzymes.
(p) Reporting of communicable diseases.
(1) ' Who shall report. Certain persons, as required in 25 Texas Administrative Code
(TAC), Chapter 97, §972, shall report certain confirmed and suspected foodborne diseases.
(2) What to report. Confirmed and suspected cases of the following diseases, including,
but not limited to the following, are reportable: botulism; campylobacteriosis; cryptosporidiosis;
Escherichia coli 0157:H7; hepatitis A, acute viral; listeriosis; salmoneIlosis; shigellosis; trichinosis;
and Vibrio infection.
(3) When to report. Reporting of communicable diseases shall be done in accordance
with 25 TAC, Chapter 97, §97.4.
(4) Where to report. Persons required to report communicable diseases shall report to
the local health authority, or in the case where there is no local health authority, the report shall be
made to the department's Regional Director as required in 25 TAC, Chapter 97, §97.5.
(5) Reporting and other duties of local health authorities and regional directors. Local
health authorities and regional directors shall report communicable diseases to the department as
provided for in 25 TAC, Chapter 97, §97.6.
(q) Food establishment inspector qualifications. An individual conducting inspections of retail
food establishments should be a Registered Professional Sanitarian in Texas, as defined in 25 TAC,
Chapter 337, §337.181, or meet the equivalent educational requirements in order to:
( 1 ) assure application of basic scientific principles, including HACCP principles of food
safety, during inspections;
1~229.171(~} 1~229.171fa~
(2) properly conduct foodborne illness invesligations;
(3) assure uniformity in the interpretations of these rules; and
(4) assure fair and uniform enforcement of these rules.
l~229. 173(a) t~229. 17:~(e)
§229.173 Heimlich Maneuver Poster.
(a) Purpose. The purpose of this section is to establish the requirements for signs depicting
the Heimlich Maneuver for dislodging an obstruction from a choking person.
(b) Placement. The prescribed sign shall be in all food service establishments and shall be in
a place conspicuous to employees or customers.
(c) Implementation date. This rule shall be implemented 90 days after the effective date of
the rule~
(d) Specifications. The prescribed sign shall meet the following poster requirements:
( 1 ) the poster shall be printed on white 70 pound gloss coated cover stock and shall be
no smaller than 15 inches wide by 18 inches long;
(2)' the poster shall be printed in English and Spanish and in at least two conspicuous
contrasting colors. Major title and figure blocks shall be in contrasting color to remaining copy
blocks;
(3) major poster headings shall be a minimum Bengear Bold 72 point or equivalent;
(4) subheadings shall be a minimum Bengeat Bold Italic 60 point or equivalent;
(5) remaluing subheadings shall be a minimum Bengeat Bold 24 point or equivalent; and
(6) body copy shall be Helios Bold 14 point or equivalent.
(e) Camera ready copies. Camera ready copies of the sign shall be avmlable for reproduction
purposes upon written request to: Texas Department of Health, Retail Foods Division, 1100 West
491h Street, Austin, Texas 78756-3182.
13,5
15229.1741'a} §229.174Ca/
§229.174 Bed and Breakfast Extended Establishments.
(a) General. Bed and breakfast extended establishments shall comply with these minimum
requirements of this section.
(b) Food supplies. Food shall be obtained from approved sources, shall be in sound condition,
and be safe for human consumption.
(c) Food preparation and protection.
(1) Food preparation and protection. Food shall be prepared and protected in
accordance with these rules.
(2) Temperature requirements. All food temperature requirements shall be met as
contained in §229.164(k)-(n) of this title (relating to Food).
(d) Cleaning and sanifizing.
(I) Manual. A three compartment sink shall be used if washing, rinsing and sanitizing
of utensils and equipment is done manually; or a two compartment sink may be utilized if single
service tableware is provided, or when an approved detergent sanitizer is used.
(2) Mechanical. Cleaning and sanitizing may be done by spray-type or immersion
dishwashing machines or by any other type of machine or device if it is demonstrated that it
thoroughly cleans and sanitizes equipment and utensils either by chemical or mechanical sanitizafion.
(e) Personal hygiene. Employees shall conform to good hygienic practices as required in
these rules.
(f) Employee restrooms. A restroom shall be available for use by employees.
(g) Equipment and utensil design and construction. All equipment and utensils shall be
constructed of safe materials and maintained in good repair.
(h) Handsinks.
( 1 ) Location. An accessible and conveniently located handwash sink shall be provided
in or immediately adjacent to food preparation areas.
(2) Intended use. Handsink(s) shall be used for no other purpose other than
handwashing.
~229. 174(i) §229.174(n)
(i) Food-contact surfaces. All food contact surfaces, counters, or work surfaces in the
establishment shall be smooth, non=absorbent and easily cleanable.
(j ) Insect proof/rodent proof~
(1) Construction. Food service preparation and storage areas shall be constructed and
maintained to prevent the entry of pests and other vermin.
(2) Chemical control. Pesticides and rodenticides shall be applied according to law.
(k) Equipment. Equipment shall be provided to maintain potentially hazardous foods at the
temperatures required by these rules.
(1) Garbage receptacles. Impervious receptacles shall be provided for storage of garbage and
refuse.
(m) Sewage. Sewage shall be disposed through an approved facility that is:
(1) a public sewage treatment plant; or
(2) an individual sewage disposal system that is sized, constructed, maintained, and
operated according to law.
(n) Water supply. Hot and cold water under pressure shall be provided and shall be from an
approved source.
137
6229.175(a} 6229.175tth}
{}229. 175 Outfitter Operations.
(a) General. Requirements in this section are specific for Outfitter Operations. The
regulatory authority may impose additional requirements to protect against health hazards which may-
be specific to these operations.
(b) Food supplies. Food supplies, including ice, shall be obtained from approved sources.
No home prepared products shall be offered.
(c) Food temperatures. All food temperature requirements shall be met as contained in
{}229.164(k)-(n) of this title (relating to Food).
(d) Warewashing. Alternative manual warewashing equipment, such as receptacles that
substitute for the compartments ofa multi-comparmaent sink, may be used for washing and sanitizing
utensils when approved by the regulatory authority. Outfitters without effective facilities for cleaning
and sanitizing. tableware shall only provide single-service articles for use by food employees and
consumers.
(e) Ice usage. Ice that is used for cooling food may not be used for human consumption.
(f) Potable water. Potable water shall be used on excursions for food preparation,
handwashing, and for cleaning and sanitizing utensils and equipment.
(g) Handwashing lavatory. Facilities for handwashing shall be provided for employee usage.
The facility may consist of a container of water with spigot and catch pan or two separate basins, one
for washing and one for rinsing, with soap and individual paper towels. gapproved by the regulatory
authority, chemically treated towelettes for handwashing may be used.
(h) Equipment. A/i equipment and utensils intended for food contact shall be approved for
food use.
Figure 1: 25 TAC §229.164(kX1XA)(ii)
Cooking Raw Animal Foods
Alternatives to the 155 Degree FahrenheitJl 5 Second Requirement
M]nim~im
Temperature Time
°C (°F) in Minutes
63 (145) 3
66 (150) I
Figure 2: 25 TAC §229.164(k)(1)03)(i)
Cooking Whole Beef or Comed Beef Roasts
Oven Preheating/Holding Requirements Per Weight
Oven Temperature Based on Roast Weight
Oven Type Less than 4.5 kg (10 lbs) 4.5 kg (10 lbs) or More
Still Dry 177°C (350°F) or more 121°C (250°F) or more
Convection 163°C (325°17) or morn 121 °C (250°F) ormore
High Humidityt 121 °C (250°F) or less 121°C (250°F) or less
Figure 3: 25 TAC §229. 164(k)(1)(B)(ii)
Cooking Whole Beef or Coined Beef Roasts
Heating Temperatures and Holding Times
Temperature Timex Temperature Timex Temperature Timex
°C (°F) in Minutes °C (°F) in Minutes °C (°F) in Minutes
54 (130) 121 58 (136) 32 6l (142) 8
56 (132) 77 59 (138) 19 62 (144) 5
57 (134) 47 60 (140) 12 63 (145) 3
141
Figure 1:25 TAC §229.165(a)(3)
Ceramic, China, and Crystal Utensils
Lead Level Limitations
Utensil ............. Maximum Lead
Category Description mg/L
Hot Beverage Mugs Coffee Mugs 0.5
Bowls 1.1 L
Large Hollowware ( 1.16 QT) 1
Bowls < 1. I L
Small Hollowware 2.0
(1.16 QT)
Flat Utensils Plates, Saucers 3.0
142
Figure 2: 25 TAC §229.165(k)(14)(A)
Manual and Mechanical Warewashing Equipment
Temperature, Concentxation, and pH Parameters for Chlorine Solutions
Minimum
Concentration Minimum Temperature
mg/L pH 10 or less pH 8 or less
°C (oF) °C (°F)
25 49 (120) 49 (120)
50 38 (I00) 24 (75)
~oo ~3 (s5) 13 (55)
gure 1: 25 TAC §229.171(j), Page I of 2
Texas Department of Health - Retail Foods Division
Retail Food Establishment Inspection Report
DEMERITS Personnel/Handling/Source Requiren~ents Remarks COS
(4 Pts) Violations Require Immediate Corrective Action
6 Personnel w~h Infections Restricted/Excluded
7 Proper/Adequate Handwashing
8. Good Hygienic Practices (Eating~Ddnking/SmoiongjOther)
9. Approved SourceLabeling
~0. Sound Condrdon
11. Proper Handling of Ready-To-Eat Foods
12. Cross-Contamination of Raw/Cooked Foods/Other
13. Approved systems (HACCP Plans/Time as Public Health Control)
14. Water Supply - Approved Source/Sufficient Capacity/Hot and Cold Under Pressure
DEMERITS Facil/ty and Equipment Requirements Remarks COS
(3 Pts) Violations Require tmmedate Corrective Action, Not To Exceed 10 Days
15. Equipment Adequate To Maintain Product Temperature
16. Handvras~h Facilities Adequate and Accessible
17 Handwas~ Facilities wath Soap and Towels
18 No Evidence of Insect Contaminatjon
19. No Evidence of Rodents/Other Animals
20 Toxic Items Propedy Labeled/Stored/Used
21. Manual V?arewashing and Sanitjzing at ( ) pprrutemperature
22 Mechanical V~rewashing and Sanitizing at ( ) ppm/temperature
23. Appmved Sew-ageANastewater Disposal System, Proper Disposal
24. Thermometers Provided/Accurate/Pmperiy Calibrated (:~2 F)
25. Food Contact Surfaces of Equipment and Utensis Cleaned/Sanitized/Good Repair
26. Posting of Consumer Advisones (Heimlich/Raw Shellfish V~ming/Buffet Plate)
27 Food Es~ablir~nment Permit
Subtotals Other Violations - Violat,3ns Require Corrective Ac'dons, Not To Exceed 90 Days Or The Next inspection,
Whichever Comes First
5 Pts
4 Pts
~3 Pts
t44
Figure 1:25 TAC §229.171(j)(6)
Corrective Actions to Ensure Safe Food
Item No.
1 Cooling
Potent~}y hazarciou$ food c~oled from 140~F to 70~F more than 2 houre OR ?0~F to 41oF
(45~F) more than 4 hours OR ptep~'KI foods cooted to 41 °F (4~5'F'} m~m ffian 4
Action: Vduntary destrue#on
2 Cold Hold
PotentlaJ~y hazan:~oJs food hek:l a/cx~ve 41°F (46eF) mere men 4 horn:
Action: Volulltlty deltruction
Potent~aJly hazardous food hek~ above 4~ °F (45"F) less ~n 4 bourn:
Action: R~old cool (e.g. ice b~eth)
3 Hot Hold
Potenlially haza,'dous fo4~l he~d betow 140'F more than 4 hotxr~
Action: Vol~nntary des6'uc~on
Pots~UaUy hazardc~a food held bdow 14OaF ~ 4 hour~
Actfo~. Rl~o~d/l~eltto
4 Cooking
po~enl~t3y ~-~n'3c~s fcx:~s ~K~'cooked:
Action:. Re.ok to pfol~'e' tampef'4~
5 Rapid Reheatlng
· Cold potent~Jly haT. a~dou~ ~ Impropeil~J
Action: Reheat r~pidly to
7 Handwashing
· Fo<:~emp,~oyeese/o~Nvednotwaattlnghandl:
fled In the Rules,
9, l0 Approved Source/Sound Condition
Foeds from ~tnapproved sourCes/unsound concitron.'
Action: D~en#o<1 or voiUlffi!l'y
11 Proper Handling of Ready-to-Eat Foods
herore handling.
C~oss Contam/nation o~ Raw[Cooked Foods
Rea~y-To-Eafiood. s contaminated by raw pots~Jly
Approved Systems
HACCP Plans for BOP. $helifish tanks, variaflcas, oUlers
Writlen ;rocedur9 for time as a pubic health ~
145
ANNEX
NUMERICALLY SEQUENTIAL INDEX BY PARAGRAPH
§229.161 Purpose ........................................................... _1
§229. 162 Definitions ........................................................ 1
§229.163 Management and Personnel ........................................... 14
(a) ResponsibiIi.ty, assignment ........................................ 14
(b) Knowledge, demonstration ..................... 14
( 1 )-(15) NIeans of demonstrating knowledge .......................... 14
(c) Duties, person in charge .......................................... 16
(1)-(12) Duties of the person in charge .............................. 16
(d) Disease or medical condition ...................................... 17
(I) Responsibility of the person in charge to require
reporting by food employees and applicants to whom
a conditional offer of employment is made ....................... 1_27
(2) Exclusions and restrictions .................................. 1._~8
(3) Removal of exclusions and restrictions .......................... 1_.9_9
(4) Responsibility of a food employee or an applicant to
whom a conditional offer of employment is made to
report to the person in charge ................................ 2._~1
(e) Hands and arms .......... 21
(l) Clean condition .......................... 21
(2) Cleaning procedure ..... 2_[
(3) Special handwash procedures .................. 2_~2
(4) When to wash . .. 22
(5) Where to wash .2__2
(6) Hand sanitizers .... 22
(f) Fingernails, maintenance ........................................... 2._~3
(g) Jewelry, prohibition ............................................. 2,1
(h) Outer clothing, clean condition ..................................... 2,1
(i) Food contamination prevention ..................................... 2._~4
( 1 ) Eating, drinking, or using tobacco ................. 2._~4
(2) Discharges from the eyes, nose, and mouth ...................... 2_~4
(j) Hair restraints, effectiveness ....................................... 24
( 1 ) Use required ............................................. 24
(2) Exceptions .............. 24
(k) Animals, handling prohibition ...................................... 25
( 1 ) Handling, prohibition ...................................... 25
(2) Food employees with support animals .......................... 25
(3) Food employees handling fish, shellfish, cmstacea .......... 25
Annex 1
§229.164 Food ............................................................ 26
(a) Condition safe, unadulterated, and honesfly presented .................... 26
Co) Approved sources ............................................... 26
(1) Compliance with food law ................................... 26
(2) Food in a hermetically sealed container ......................... 26
(3) Fluid milk and milk products ................................. 26
(4) Fish .................................................... 26
(5) Mollnscan shellfish ........................................ 27
(6) Exotic animals and game animals .............................. 27
(c) Specifications for receiving ........................................ 28
( 1 ) Temperature ............................................. 28
(2) Additives ............................................... 28
(3) Shell eggs ............................................... 28
(4) Liquid, frozen, and dry eggs ................................. 29
(5) Fluid milk, dry milk, and milk products ......................... 29
(6) Package integrity ......................................... 29
(7) Ice .................................................... 29
(8) Shucked shellfish, packaging and identification ................... 29
(9) Shellstock identification .................................... 29
(10) Shellstock, condition ....................................... 30
(d) Original containers and records ..................................... 30
(1) Molluscan shellfish, original container .......................... 3_.9.0
(2) Shellstock, maintaining identification ........................... 3_!.1
(3) Disclosure of tag or label information .......................... 3_!.1
(e) Preventing contamination by employees .............................. 3._[1
(1) Preventing contamination from hands .......................... 3._~.1
(2) Preventing contamination when tasting ......................... 3.~2
(f) Preventing food and ingredient contamination .......................... 3_~2
(1) General ............................... 32
(2) Packaged and unpackaged food - separation, packaging,
and segregation ............................ 32
(3) Food storage containers, identified with common name of food ....... 3._~3
(4) Pasteurized eggs, substitute for shell eggs for certain
recipes and populations ..................................... 3.A4
(5) Protection from unapproved additives .......................... 3.A4
(6) Washing fruits and vegetables ................................ 3.A4
(g) Preventing contamination from ice used as a coolant ..................... 3.~5
(l) Ice used as exterior coolant, prohibited as contamination ingredient . .. 3.~5
(2) Storage or display of food in contact with water or ice ............. 3..~5
(h) Preventing contamination from equipment, utensils, wiping
cloths, and linens ........... 3_~5
(1) Food contact with equipment and utensils ....................... 3._~5
(2) h-use utensils, between-use storage ........................... 3..~5
(3) Wiping cloths, used for one purpose ..................... 2 3._~.6
Annex 2
(4) Linens and napkins, use limitation ............................. 36
(5) Gloves, use limitation ...................................... 36
(6) Using clean tableware for second portions and refills ............... 37
(7) Refilling returnables ....................................... 3_27
(i) Preventing contamination from the premises ........................... 38
(1) Food Storage ..................................... 38
(2) Food storage, prohibited areas ............................... 3.~8
(3) Vended potentially hazardous food, original container .............. 39
(4) Food preparation ......................................... 39
0) Preventing contamination by consumers .............................. 3._~9
(I) Food display ............................................. 3~9
(2) Condiments, protection ..................................... 3_~9
(3) Consumer self-service operation, sale from self-service containers .... 39
(4) Returned food, reservice or sale .............................. 40
(5) Miscellaneous sources of contamination ........................ 40
(k) Cooking ...................................................... 41
(1) Raw animal foods ......................................... 41
. (2) Pv~crowave cooking ....................................... 4.~2
(3) Plant food cooking for hot holding ............................ 42
(1) Freezing ...................................................... 42
(1) Parasite destruction ........................................ 42
(2) Tuna species ............................................. 43
(3) Records, creation and retention ............................... 4~3
(m) Reheating ..................................................... 43
(1) Reheating for hot holding ................................... 4.~3
(2) Preparation for immediate service ............................. 44
(n) Time and temperature control ...................................... 44
(I) Frozen food ............................................. 4....~4
(2) Potentially hazardous food, slacking ........................... 44
(3) Thawing ........................................... 44
(4) Cooling ................................................. 45
(5) Cooling methods .. ........................................ 45
(6) Potentially hazardous food, hot and oold holding .................. 46
(7) Prepared on premise ready-to-eat potentially hazardous
food, date marking ........................................ 47
(8) Commercially processed ready-to-eat potentially
hazardous food, date marking ................................ 48
(9) Ready-to-eat potentially hazardous food, disposition ............... 49
(10) Time as a public health control ............................... 50
(o) Specialized processing methods ...................... 51
(1) Variance requirement for specialized processes ................... 51
(2) Reduced oxygen packaging, criteria ........................... 51
(p) Food identity and accurate representation ....................... 53
(1) Standards of identity ............ 53
Annex 3
(2) Honestly presented ........................................ 5..!3
(c0 Labeling ...................................................... 5..~3
(1) Food labels .............................................. 5_.~3
(2) Other forms of information ..................................
(3) Menu claims ............................................. 5.~5
(r) Consumer advisory .............................................. 5__5
(s) Disposition, contaminated food ..................................... 5__5
( 1 ) Unsafe, adulterated, or not honestly presented food ............... 5..~5
(2) Food from unapproved source ............................... 5__6
(3) Contaminated ready-to-eat food .............................. 5._.~6
(4) Food contaminated by personal contact ......................... 56
(t) Donation of foods ............................................... 5___6
(1) Previous service .......................................... 5_.!6
(2) Potentially hazardous foods .................................. 56
(3) Labeling ................................................ 5__6
(4) Shelfflfe ................................................ 56
(5) Damaged foods ............... - ............................ 5....~6
(6) Distressed foods .......................................... 5_Z7
(u) Additional safeguards, requirements for food establishments
serving highly susceptible populations ............................... 5_27
(I) Apple juice beverages ...................................... 5_Z7
(2) Pasteurized eggs, egg products ............................... 5_.Z7
(3) Food in unopened original packages ........................... 5._Z7
(4) Raw animal foods ......................................... 5__7
§229.165 Equipment, Utensils, and Linens ....................................... 5__8
(a) Multiuse materials ............................................... 5_!8
(1) Characteristics ........................................... 5_!8
(2) Cast iron, use limitation ..................................... 5_~8
(3) Lead in ceramic, china, and crystal utensils, use limitation ........... 58
(4) Copper, use limitation ...................................... 5._~8
(5) Galvanized metal, use limitation .............................. 5_!9
(6) Sponges, use limitation ..................................... 5_29
(7) Lead in pewter alloys, use limitation ........................... 5_29
(8) Lead in solder and flux, use limitation .......................... 5__9
(9) Wood, use limitation ....................................... 5__9
(I0) Nonstick coatings, use limitation .............................. 6_9_0
( 11 ) Nonfood-contact surfaces ................................... 60
(b) Single-service and single-use, characteristics ........................... 6._9_0
( l ) Prohibitions of use ........................................ 6_.Q.0
(2) Requirements for use ...................................... 6_9_0
(c) Durability and strength ........................................... 6--0
(1) Equipment and utensils ..................................... 6.._Q0
(2) Food temperature measuring devices ........................... 6_.Q0
(d) Cleanability .................................................... 6._Q0
(1) Food-contact surfaces ...................................... 6__0
(2) Cleaned in place (CIP) equipment ............................. 6..3.1
(3) "V" threads, use limitation ................................... 61
(4) Hot oil filtering equipment .................................. 6.3.1
(5) Can openers ............................................. 6._!.1
(6) Nonfood-contact surfaces ................................... 6.!2
(7) Kick plates, removable ..................................... 6:2
(8) Ventilation hood systems, filters .............................. 6.!2
(e) Accuracy of temperature measuring devices ........................... 6:2
(1) Temperature measuring device, food ........................... 62
(2) Temperature measuring device, ambient air and water .............. 6__2
(3) Pressure measuring devices, mechanical warewashing equipment ..... 6:2
(f) Functionality. of equipment .................. 6_23
(I) Ventilation hood systems, drip prevention ....................... 6__3
(2) Equipment openings, closures and deflectors ..................... 6_23
(3) Dispensing equipment, protection of equipment and food ........... 6__3
. (4) Vending machine, vending stage closure ........................ 6..3_4
(5) Bearings and gear boxes, leakproof ............................ 6__4
(6) Beverage tubing, separation ................................. 6__4
(7) Ice units, separation of drains ................................ 6__4
(8) Condenser unit, separation .................................. 6__5
(9) Can openers on vending machines ............................. 6__5
(10) Molluscan shellfish tanks ................... 6__5
(11) Vending machines, automatic shutoff .......................... 6__5
(12) Temperature measuring devices ......................... ..... 6__6
(13) Warewashing machine, data plate operating specifications ........... 6_27
(14) Warewashing machines, internal baffles ................. 6.~7
(15) Warexvashi ng machines, temperature measuring devices ............ 6._Z7
(16) Manual warewashing equipment, heaters and baskets .............. 6_Z7
(17) Warewashing machines, sanitizer level indicator .................. 6_Z7
(18) Warewashing machines, flow pressure device .................... 6_27
(19) Warewashing sinks and drain boards, self-draining ................ 6~8
(20) Equipment compartments, drainage .................. 6_.~8
(21) Vending machines, liquid waste products ....................... 6.._~8
(22) Case lot handling equipment, moveability .............. 6._~8
(23) Vending machine doors and openings ........ 6_~8
(24) Food equipment certification, classification, acceptability ........... 6._~9
(g) Equipment, numbers and capacities .................................. 6.~9
(1) Cooling, heating, and holding capacities . . . 6~9
(2) Manuai warewashing, sink compartment requirements ........ 69
(3) Drain boards ............................................. 7_!.1
(4) Ventilation hood systems, adequacy . 7_!.1
(5) Clothes washers and dryers .................................. 7--L1
Annex 5
(h) Utensils, temperature measuring devices, and testing devices .............. 71
(1) Utensils, consumer self-service ............................... 7._~1
(2) Food temperature measuring devices ........................... 7_~1
(3) Temperature measuring devices, manual warewashing .............. 7._].1
(4) Sanitizing solutions, testing devices ............................ 7._~1
(i) Location of equipment, clothes washers and dryers, and storage cabinets ..... 71
( 1 ) Location requirements ...................................... 71
(2) Linen, single-service, single-use item exception ................... 72
(3) Clothes washer and dryer location requirements .................. 72
(j ) Installation, fixed equipment ....................................... 7.~2
(1) Fixed equipment, spacing or sealing ........................... 7.!2
(2) Fixed equipment, elevation or sealing .......................... 7~3
(k) Equipment, maintenance and operation ............................... 73
(1) Good repair and proper adjustment ............................ 73
(2) Cutting surfaces .......................................... 74
(3) Microwave ovens ......................................... 74
(4) Warewashing equipment, cleaning frequency ..................... 7.~4
(5) Warewashing machines, manufacturers' operating instructions ........ 74
(6) Warewashing sinks, use limitation ............................. 74
(7) Warewashing equipment, cleaning agents ....................... 7._X5
(8) Warewashing equipment, clean solutions ........................ 75
(9) Manual warewashing equipment, wash solution temperature ......... 75
(10) Mechanical warewashing equipment, wash solution temperature ...... 75
( l 1 )Ma. nual warewashing equipment, hot water
sanitization temperatures .................................... 75
(12) Mechanical warewashing equipment, hot water
sanitization temperatures .................................... 7._~6
(13) Mechanical warewashing equipment, sanitization pressure ........... 7._.~6
(14) Manual and mechanical warewashing equipment, chemical
sanitization - temperature, water activity (pH), concentration,
and hardness ............................ 7._~6
(15) Manual warewashing equipment, chemical sanitization
using detergent-sanitizers ................................... 7_.Z7
(16) Warewashing equipment, determining chemical sanitizer
concentration ......................... 77
(I) Utensils and temperature measuring devices ........................... 77
(l) Good repair and proper calibration .......................... 7~7
(2) Single-service and single-use articles, required use ................ 7._.~8
(3) Single-service and single-use articles, bulk milk
dispensing robes, reuse limitation ..................... 7._~8
(4) Shells, use limitation 7_~8
(m) Cleaning of equipment and utensils ................. 7_.~8
(1) Equipment, food-contact surfaces, and utensils ................... 7_~8
(2) Nonfood-contact surfaces . , 7~8
(n) Frequency of cleaning ............................................ 7..~8
(1) Equipment food-contact surfaces and utensils .................... 7..~8
(2) Cooking and baking equipment ............................... 8_9.0
(3) Nonfood-contact surfaces ................................... 8._LI
(o) Methods of cleaning ............................................. 8._!.1
(1) Dry cleaning ............................................. 8_!1
(2) Precleaning .............................................. 81
(3) Loading of soiled items, warewashing machines .................. 8._L1
(4) Wet cleaning ............................................. 8._!_1
(5) Washing, procedures for altemative manual
warewashing equipment .................................... 8..~2
(6) Rinsing procedures ........................................ 8_!2
(7) Retumables, cleaning for refilling ............................. 83
(p) Sanitization, food-contact surfaces and utensils ......................... 8__4
(q) Sanitization frequency, before use after cleaning ........................ 8_!4
(r) Sanitization methods, hot water and chemical .......................... 8_!4
(I)-(3) Sanitization methods ...................................... 8_~4
(s) Laundering, clean linens .......................................... 8_!4
(t) Laundering, frequency ........................................... 8...!4
( 1 ) Linens .................................................. 8_.!5
(2) Cloth gloves ............................................. 8_!5
(3) Certain linens ............................................ 8.~5
(4) Wet wiping cloths ......................................... 855
(5) Dry wiping cloths ................................... : ..... 855
(u) Laundering, methods ............................................ 855
(1) Storage of soiled linens .............. ....................... 855
(2) Mechanical washing ....................................... 855
(3) Use of laundry facilities ..................................... 855
(v) Drying, equipment and utensils ..................................... 8__6
(1) Equipment and utensils, air-drying required ...................... 8--6
(2) Wiping cloths, air-drying locations ............................ 8-6
(w) Lubricating and reassembling of food-contact surfaces, equipment .......... 8__6
( 1 ) Food-contact surfaces ...................................... 815
(2) Equipment .............................................. 8_..~6
(x) Storage ....................................................... 8-6
(1) Equipment, utensils, linens, and single-service and
single-use articles ......................................... 815
(2) Storage prohibitions ....................................... 8__7
(y) Handling of utensils, single-service articles ............................ 8_Z7
( 1 ) Kitchenware and tableware ................ 8__8
(2) Soiled and clean tableware ........ 8__8
(3) Preset tableware .. . 8_.~8
§229.166 Water, Plumbing, and Waste . .89
Annex 7
(a) Water source .................................................. 89
(I) Approved system ......................................... 8_~9
(2) System flushing and disinfection .............................. 8_29
(3) Bottled drinking water ..................................... 8._~9
(b) Water quality standards .......................................... 8__9
(I) Public and private water systems .............................. 89
(2) Nondrinking water ........................................ 8_29
(3) SampIing ................................................ 8__.9
(4) Sample report ............................................ 90
(c) Water quantity and availability ..................................... 9_.q0
(1) Capacity ................................................ 9_.QO
(2) Pressure ................................................ 9__0
(3) Hot water ............................................... 9._Q0
(d) Water distribution, delivery, and retention systems ...................... 9_9.0
(1) Distribution .............................................. 9._Q0
(2) Alternative water supply .................................... 90
(e) Plumbing systems, approved materials ............................... 9._!.1
(1) Construction ............................................. 9.21
(2) Water filter .............................................. 9._!.1
(0 Plumbing design, construction, and installation ......................... 91
(1) Approved system and cleanable fixtures ........................ 9_L
(2) Handwashing lavatory, water temperature, and flow ............... 9__1
(3) Backflow prevention, air gap ................................. 9_L
(4) Backflow prevention device, design standard .................... 9__2
(5) Conditioning device, design .................................. 92
(6) Service sink, water, water temperature ......................... 9_g2
(g) Plumbing, numbers and capacities ...................................
(I) Handwashing lavatory ...................................... 92
(2) Toilets and urinals ......................................... 9__2
(3) Service sink ............................................. 9_~2
(4) Backflow prevention device, when required ..................... 92
(h) Plumbing, location and placement ................................... 92
(1) Handwashing lavatory ...................................... 9_.~2
(2) Backflow prevention device, location .......................... 9..~3
(3) Conditioning device, location ................................ 93
(i) Plumbing, operation and maintenance ................................
(1) Using a handwashing lavatory ................................ 93
(2) Prohibiting a cross connection ................................ 9_~3
(3) Scheduling inspection and service for a water system device ......... 9__3
(4) Water reservoir of fogging devices, cleaning ..................... 9...Z3
(5) System maintained in good repair ............................. 9._{4
(j) Sewage retention, drainage, and delivery ............................. 94
(1) Establishment drainage system ............ 94
(2) Backflow prevention ....................................... 94
(3) Grease trap .............................................. 95
(4) Conveying sewage ........................................ 9~5
(k) Disposal facility ................................................ 95
(1) Approved sewage disposal system ............................. 9~5
(2) Other liquid wastes and rainwater ............................. 95
(I) Storage facilities on the premises ................................... 9__~5
( 1 ) Indoor storage area ........................................ 9.~5
(2) Outdoor storage surface .................................... 95
(3) Outdoor enclosure ........................................ 95
(4) Keceptacles ................................. 95
(5) Receptacles in vending machines .............................. 9.~_6
(6) Outside receptacles ........................................ 9~6
(7) Storage areas, rooms, and receptacles, capacity and availability ....... 96
(8) Toilet room receptacle, covered .............................. 96
(9) Cleaning implements and supplies ............................. 96
(10) Storage areas, redeeming machines, receptacles, and
waste handling units, location ................................ 97
· (11) Storing refuse, recyclables, and returnables ...................... 9_.Z7
(12) Areas, enclosures, and receptacles, good repair ................... 9_..Z7
(13) Outside storage prohibitions ................................. 9_27
(14) Covering receptacles ....................................... 9_~8
(15) Using drain plugs ......................................... 98
(16) Maintaining refuse areas and enclosures ........................ 9_~8
(17) Cleaning receptacles ....................................... 9_~8
(m) Refuse removal ................................................. 9.~8
(1) Frequency ............................................... 9._.~8
(2) Receptacles or vehicles ..................................... 9.~8
(n) Facilities for disposal and recycling, community or individual facility ......... 9.~9
{}229.167 Physical Facilities ................................................. 100
(a) Indoor areas, surface characteristics ................................ 100
(l)-(3) Material requirements ..................................... 100
(b) Outdoor areas, surface characteristics ............................... 10.0
(1) Walking and driving areas .................................. 1.0.~0
(2) Exterior surfaces ......................................... 10.0
(3) Storage areas ........................................... 10,0
(c) Floors, walls, and ceilings ........................................ IQ~0
(1) Cleanability ............................................. 100
(2) Floors, walls, and ceilings, utility lines ......................... i00
(3) Floor and wall junctures, coved, and enclosed or sealed ........... I01
(4) Floor carpeting, restrictions and installation ..................... 101
(5) Floor covering, mats and duckboards ......................... 10__[1
(6) Wall and ceiling coverings and coatings ........................ 101
(7) Walls and ceilings, attachments .............................. 102
(8) Wails and ceilings, studs, joists, and rafters ..................... 10~2
(d) Functionality .................................................. 102
(1) Light bulbs, protective shielding ............................. 10~2
(2) Heating, ventilating, air conditioning system vents .............. : . 10~2
(3) Insect control devices, design and installation ................... 102
(4) Toilet rooms, enclosed .................................... 103
(5) Outer openings, protected .................................. 103
(6) Exterior walls and roofs, protective barrier ..................... 104
(7) Outdoor food ventling areas, overhead protection ................ 104
(8) Outdoor walking and driving surfaces, graded to drain ............ 104
(9) Outdoor refuse areas, curbed and graded to drain ................ 10--4
(10) Private homes and living or sleeping quarters, use prohibition ....... 104
(1 I) Living or sleeping quarters, separation ........................ 104
(e) Handwashing lavatories ......................................... 1.04
(l) Minimum number ........................................ 104
(2) Handwashing cleanser, availability ............................ 104
(3) Hand drying provision ..................................... 104
.(4) Handwashing aids and devices, use restrictions .................. 105
(f) Toilets and urinals ............................................. 105
(I) Minimum number ........................................ 105
(2) Toilet tissue, availability ................................... .1.Q5
(g) Lighting, intensity .............................................. 105
(1)-(3) Specifications per location ................................. 105
(h) Ventilation, mechanical .......................................... 105
(i) Dressing areas and lockers, designation ............................. 106
(1) Provision for dressing rooms and areas ........................ 106
(2) Lockers ................................................ 106
(j) Service sinks, availability ........................................ 106
(k) Handwashing lavatories, convenientiy located ......................... 106
(1) Toilet rooms, convenience and accessibility .......................... 106
(m) Employee accommodations, designated areas ......................... 106
(1) Eating and tobacco areas ................................... 10__~6
(2) Location of lockers ....................................... 1..Q6
(n) Distressed merchandise, segregation and location ...................... 106
(o) Receptacles, waste handling units, and designated storage areas ........... 106
(p) Premises, buildings, systems, rooms, fixtures, equipment,
devices, and materials ........................................... 106
(1) Repairing .............................................. 10.6
(2) Cleaning, frequency and restfictions .......................... 106
(3) Cleaning floors, dustless methods ............................ 107
(4) Cleaning ventilation systems, nuisance and discharge prohibition ..... 107
(5) Clearung maintenance tools, preventing contamination ............ 107
(6) Drying mops ...... 10~7
(7) Absorbent materiais on floors, use limitation .................... 107
Ar. ncx 10
(8) Maintaining and using handwashlng lavatories ................... 108
(9) Closing toilet room doors .................................. ..108
(10) Using dressing rooms and lockers ............................ 108
(1 I) Controlling pests ......................................... 10._.g8
(12) Removing dead or trapped birds, insects, rodents, and other pests .... I0.__~8
(13) Storing maintenance tools .................................. 1.08
(14) Maintaining premises, unnecessary items and litter ............... 109
(15) Prohibiting animals ....................................... 109
§229. 168 Poisonous or Toxic Materials ........................................ 111
(a) Original containers, identifying information, prominence ................. .111
(b) Working containers, common name ................................ I 11
(c) Storage, separation ............................................. l 11
(1)-(2) Storage requirements ..................................... 1 l 1
(d) Presence and use .............................................. 111
(1) Restriction ............................................. 111
(2) Conditions of use ........................................ l 11
(e) . Container prohibitions, poisonous or toxic material containers ............ .U 2
(f') Chemicals .................................................... 112
(1) Sanitizers, criteria ........................................ 112
(2) Chemicals for washing fruits and vegetables, criteria .............. 112
(3) Boiler water additives, criteria ............................... 113
(4) Drying agents, criteria ..................................... 1..!3
(g) Lubricants, incidental food contact, criteria ........................... 113
(h) Pesticides .................................................... 113
( 1 ) Restricted use pesticicles, criteria ............................. 113
(2) Rodent bait stations ...................................... 114
(3) Tracking powders, pest control and monitoring .................. 114
(i) Medicines .................................................... 114
(1) Restriction and storage .................................... 114
(2) Refrigerated medicines, storage .............................. 1.!4
0) First aid supplies, storage .: ....................... 11.__A4
(1)-(2) Labeling and storage requirements ........................... 114
(k) Other personal care items, storage ................................. 114
(1) Storage and display, separation .................................... 115
(1)-(2) Separation requirements ................................... 1.1~5
§229.169 Mobile Food Establishments ...................................... 116
(a) Mobile food establishment provisions ............................... 116
(1) General ................................................ 116
(2) Restricted operation ...................................... 116
(3) Single-service articles ..................................... 116
(4) Existing refrigeration equipment ............................. 1 !6
(5) Mobile water tank and mobile food establishment water tank ....... 116
.~alncx Z l
((5) Sewage, other liquid waste, and rainwater ...................... 118
(b) Central preparation facility ....................................... I 19
(1) Supplies, cleaning, and servicing operations .................... 119
(2) Construction ............................................ 119
(c) Servicing area and operations ..................................... 119
(1) Protection .............................................. 119
(2) Construction exemption ................................... 120
§229.170 Temporary Food Establishments ...................................... 121
(a) General ..................................................... 121
(b) Food temperatures ............................................. 121
(c) Ice ....................................................... 121
(d) Equipment ................................................... 121
(I) Desigu and construction ................................... 121
(2) Location and installation ................................... 121
(3) Hot and cold holding equipment ............................. 121
(4) Protection from contamination ..: ........................... 121
(5) Alternative manual warewashing ............................. 121
(e) Single-service articles ........................................... 121
(f) Water ....................................................... 121
(g) Wet storage ................................................ 122
(h) Sewage ...................................................... 122
(i) Handwashing ................................................. 122
(j) Floors ....................................................... 122
(k) Ceilings and outer openings of food preparation areas ................... 122
(1) Ceilings ................................................ 122
(2) Outer openings .......................................... 122
(3) Exclusion provision ....................................... 122
§229 171 Compliance and Enforcement ..................................... 123
(a) Use for intended purpose, public health protection ..................... 123
(1) Safeguarding public health ................................. 123
(2) Assessment of existing facilities .............................. 123
(b) Additional requirements, preventing health hazards, provision
for conditions not addressed ...................................... 123
(1) Option to impose additional requirements ...................... 123
(2) Required documentation ................................... 123
(c) Variances .................................................... 123
(i) Modifications and waivers ............................... 123
(2) Documentation of proposed variance and justification ............. 123
(3) Conformance with Approved Procedures ...................... 124
(d) HACCP plan requirements ....................................... 124
(1) When a HACCP plan is required ............................. 124
(2) Contents of a HACCP plan ................................. 125
Anncx 12
(e) Confidentiality, trade secrets ...................................... 126
(f) Permit requirement, prerequisite for operation ........................ 126
(g) Conditions of permit retention, responsibilities of the permit holder ........ 126
(1)-(I0) Responsibilities ........................................ 126
(h) Inspection frequency, performance-based and risk-based ................. 127
(1)-(7) Basis for inspection pfioritization ............................ t27
(i) Access ...................................................... 127
(1) Allowed at reasonable times after due notice .................... 128
(2) Refusal, notification of right to access, and final request for access . .. 128
(3) Refusal, reporting ........................................ 128
(4) Inspection warrant to gain access ............................ 128
(j) Report of findings .............................................. 128
(1) Documenting information and observations ..................... 128
(2) Specifying time flame for corrections ......................... 129
(3) Issuing report and obtaining acknowledgment of receipt ........... 129
(4) Refusal to sign acknowledgment ............................. 129
(5) Public information ............ : ........................... 129
.(6) Inspection report form .................................... 129
(k) Imminent health hazards ......................................... 129
(1) Ceasing operations and reporting ............................ 130
(2) Resumption of operations .................................. 130
(1) Critical violations, time flame for corrections ......................... 130
(1) Timely correction ........................................ 130
(2) Verification and documentation of correction ................... 130
(m) Other violations, time frame for corrections .......................... 131
(1) Time frame ............................................. 131
(2) Extension of compliance schedule ............................ 13 1
(n) Examination and detention of food ................................. 131
(o) Investigation and control ........................................ l 31
(1) Obtaining information: personal history of illness,
medical examination, and specimen analysis ................... 13 1
(2) Restriction or exclusion of food employee, establishment closure .... 13 1
(3) Restriction or exclusion order: warning or hearing not
required, information required in order ........................ 132
(4) Release of employee from restriction or exclusion ................ 132
(p) Reporting of communicable diseases ................................ 133
(1) Who shall report ......................................... 133
(2) What to report .......................................... 133
(3) When to report .......................................... 133
(4) Where to report ......................................... 133
(5) Reporting and other duties of local health authorities
and regional directors ..................................... 133
(c0 Food establishment inspector qualifications ........................... 133
(1)-(4) Specific abilities ......................................... 133
§229.173 Heimlich Maneuver Poster ....................................... 135
(a) Purpose ..................................................... 13,__5
Co) Placement ....................................................
(c) Implementation date ............................................ 135
(d) Specifications ................................................. 135
(l)-(6) Poster requirements ...................................... 135
(e) Camera ready copies ............................................ 135
§229.174 Bed and Breakfast Extended Establishments .......................... 136
(a) General ...................................................... 136
(b) Food supplies ................................................. 136
(c) Food preparation and protection ................................... 136
(I) Food preparation and protection ............................. 136
(2) Temperature requirements .................................. 136
(d) Cleaning and sanitizing .......................................... 136
(1) Manual ................................................ 136
(2) Mechanical ................. : ........................... 136
(e) .Personal hygiene ............................................... 136
(f) Employee restrooms ............................................ 136
(g) Equipment and utensil design and construction ........................ 136
(h) Handsinks .................................................... 136
(1) Location ............................................... 136
(2) Intended use ............................................ 136
(i) Food-contact surfaces ........... ................................ 137
(j) Insect proof/rodent proof ........................................ 137
(1) Construction ............................................ 137
(2) Chemical control ......................................... 137
(k) Equipment ................................................... 137
(l) Garbage receptacles ............................................ 137
(m) Sewage ...................................................... 137
(1)-(2) Disposal requirements .................................... 137
(n) Water supply ................................................. 137
§229.175 Outfitter Operations ............................................ 138
(a) General ...................................................... 138
(b) Food supplies ................................................. 138
(c) Food temperatures ............................................. 138
(d) Warewashing ................................................. 138
(e) Ice usage .................................................... 138
(f) Potable water ................................................. 138
(g) Handwashing lavatory ......................................... 138
(h) Equipment ................................................... 138
Figure 1: 25 TAC §229.164(k)(1)(A)(ii) ................................... 139
Ara~x 14
Figure 2: 25 TAC §229.164(k)(l)(B)(i) ..................................... 140
Figure 3: 25 TAC §229.164(k)(1)(B)(ii) .................................... .1.41
Figure 1: 25 TAC §229.1~55(a)(3) ......................................... 142
Figure 2: 25 TAC §229.165(k)(14)(A) ..................................... 143
Figure 1: 25 TAC §229.171(j)(6) ......................................... 144
Food Code Changes
The food code is an ordinance that consists of the Texas Food Establishment
Rules (TFER), which are the minimum standards for the State of Texas, and
City's requirements. TFER contains rules that govern management &
personnel, food, equipment, plumbing, physical facilities, toxic materials,
mobile food est., and temporary food est., and the City requirements include
permitting, plan review, inspection, and enforcement.
The purpose of the ordinance is to safeguard public health and provide to
consumers food that is safe, unadulterated, and honesfly presented.
The last revision to the TFER was in 1978. The old rules consisted of 79
pages and the new rules contain 145 pages.
Features of the new TFER:
· Incorporates current scientific knowledge on food safety and food
protection, recognizing new food processing developments, knowledge
of specific foodborne pathogens, and HACCP principles.
Major changes to the new TFER:
· New cook times/temperatures
· 41 degree Fahrenheit temperature for cold hold of potentially hazardous
foods
· Specific requirements for handling of ready to eat (RTE) foods
· Time as a Public Health Control
· Date Marking of RTE potentially hazardous foods
· Whole shell eggs now included as a PI-[F
· New inspection form
Major changes to City requirements, which are stricter than the new
TFER:
· Individuals performing inspection of retail food establishments shall be a
Registered Professional Sanitarian, as defined in the Texas
Administrative Code.
REASON: The new TFER suggests this requirement, however, it is already
a requirement of the sanitarian position in our job description.
· If a food establishment is required to install a grease trap or interceptor,
the trap or interceptor must be located outside.
REASON: Sanitation and odor can present a problem when located inside
the facility.
· Sealed concrete is not an acceptable floor surface for food preparation
areas, utensil washing areas, walk-in refrigeration units, dressing rooms,
locker rooms, toilet rooms, and vestibules.
REASON: Floors that are smooth, durably constructed and nonabsorbent
are more easily cleaned.
· Food equipment in new or extensively remodeled establishment .qhall be
National Sanitation Foundation approved or equivalent.
REASON: Establishing sanitation requirements assures that food
equipment is easily cleanable, and free from rust.
· Every food establishment that has employees whose work brings them in
contact with the handling of food, utensils, or food service equipment
shall have a Certified Food Protection Manager on duty at all times.
REASON: The person in charge who is knowledgeable regarding
foodborne disease prevention, Hazard Analysis Critical Control Point
(HACCP) principles, and code requirement is prepared to recognize
conditions that may contribute to foodborne illness, and to take appropriate
preventative and corrective actions.