OR 92-575 Food service sanitation & regulates permits & inspections AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 92575
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING ARTICLE 6-8
OF THE CODE OF ORDINANCES OF THE CITY OF COPPELL, THE FOOD SERVICE
REGULATIONS OF THE CITY OF COPPELL; BRINGING FORWARD AND ADOPTING AS
THE CITY OF COPPELL RULES ON FOOD SERVICE SANITATION, THAT CERTAIN
EDITION OF THE TEXAS DEPARTMENT OF HEALTH'S RULES ON FOOD SERVICE
SANITATION WHICH WAS ADOPTED BY THE TEXAS BOARD OF HEALTH AS RULES
301.73.11.001 - .011; PROVIDING FOR ISSUANCE OF FOOD SERVICE PERMITS;
PROVIDING OF SUBMISSION OF PLANS FOR FOOD SERVICE ESTABLISHMENTS;
PROVIDING FOR PRE-OPERATIONAL INSPECTIONS AND POST-OPERATIONAL
INSPECTIONS; PROVIDING FOR SUSPENSION AND REVOCATION OF PERMITS;
PROVIDING FOR NOTICE AND HEARINGS; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF
THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00)
FOR EACH OFFENSE, EXCEPT THAT WHERE A GREATER MAXIMUM PENALTY HAS
BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE, THE PENALTY SHALL NOT
EXCEED THAT FIXED BY STATE LAW, AND FOR ANY OFFENSE WHICH IS A
VIOLATION OF ANY PROVISION THAT GOVERNS FIRE SAFETY, ZONING, PUBLIC
HEALTH OR SANITATION OR THE DUMPING OF REFUSE OR JUNK THE PENALTY
SHALL BE A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS:
SECTION 1: AMENDING ARTICLE 6-8 OF CHAPTER 6 OF THE CODE OF
ORDINANCES OF THE CITY OF COPPELL
ARTICLE 6-8 of Chapter 6 of the Code of Ordinances of the City of Coppell is
hereby amended to mad as follows:
AGG0~I(:,.8
"ARTICLE 6 - 8 FOOD SERVICE REGULATIONS
Sec. 6-8-1 ADOPTION OF STATE RULES ON FOOD SERVICE SANITATION
A. Except as amended by Subsection B below, there is hereby brought
forward and adopted as the City of Coppell Rules on Food
Service Sanitation, that certain edition of the Texas Department of
Health's Rules on Food Service Sanitation which was adopted by the
Texas Board of Health as Rules 301.73.11.001 - .011. A copy of said
Rules, originally adopted by Ordinance No. 308 and brought forward
and attached as Exhibit "A" to adoptive ordinance that amends this
article, shall because of its size be maintained, together with the
adoptive ordinance, in a separate file in the Office of the City
Secretary.
B. No amendments.
Sec. 6-8-2 FOOD SERVICE REGULATIONS, PERMITS, AND PRE-OPERATIONAL
INSPECTIONS
A. GENERAL
As used in this Article the term Local Food Establishment shall mean
any separate and distinct food processing facility, food service
facility, food sales facility, mobile food unit, commissary, or
temporary food service/sales facility, as those terms are defined in
the "Rules on Food Service Sanitation" adopted above by Section
6-8-1. If a building or establishment contains multiple and distinct
food service operations, a separate permit and permit fee shall be
required for each separate operation.
B. PERMIT REQUIRED
1. It shall be unlawful for any person to operate a Local Food
Establishment within the limits of the City without having been
issued a valid Food Service Permit. Only a person who
complies with the requirements this Article shall be entitled to
receive or retain such a permit, and not withstanding the fact
that all inspections necessary for obtaining a Food Service
Permit have been completed, such permit shall not be issued
until the after the building in which the establishment is to be
located, if any, has been issued a Certificate of Occupancy by
the City. Permits are not transferable. A valid permit shall be
posted in every local food establishment.
2. Any new Local Food Establishment shall make application for
the permit required by this Article. Any Local Food
Establishment, operating under a valid permit on the effective
date of this Ordinance, that contains multiple and distinct food
service operations, shall at the time of renewal of the present
permit, make application for a permit for each such multiple
operation.
C. ISSUANCE OF PERMITS
1. Any person desiring to operate a local food establishment
shall make written application for a permit on forms to be
provided by the Environmental Health Department. Such
application shall include the name and address of each
applicant, the location and type of local food establishment,
the signature of each applicant and such other information as
may be required. Prior to approval of an application for a
permit, an officer of the Environmental Health Department
shall inspect or cause to be inspected the proposed local
food establishment to determine whether or not the
submission of plans are necessary.
2. Permit fees to be collected in connection with local food
establishments shall be the fees listed in Section 18-9-1 of the
City of Coppell Code of Ordinances, as such may from time
to time be amended. Such fee shall cover the cost of all
inspections made during the twelve month period following
date such fee is due. At least three inspections shall be made
during the first permit year and any additional inspections
deemed necessary by the Director of Public Works or his
designated officer of the Department of Public Works or any
officer of the Environmental Health Department. At no time
shall any fee or any part of a fee be refunded.
D. SUBMISSION AND REVIEW OF PLANS
Whenever a local food establishment is constructed or extensively
remodeled and whenever an existing structure is converted to use as
a local food establishment, properly prepared plans and
specifications for such construction, remodeling, or conversion shall
be submitted to the Environmental Health Department of the City for
review and approval before construction, remodeling or conversion
is begun. The plans and specifications shall include the proposed
layout, arrangement, mechanical plans, and construction materials
of work areas, and the type and model of proposed fixed equipment
and facilities. The Environmental Health Department shall approve
the plans and specifications if they meet the requirements of this
Article. No local food establishment shall be constructed, extensively
remodeled, or converted except in accordance with said approved
plans and specifications.
E. PRE-OPERATIONAL INSPECTION
An Officer of the Environmental Health Department shall, prior to the
issuance of the food service permit, inspect the local food
establishment prior to the start of operations, 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
service permit may be issued subject to annual renewal and
continued compliance with the provisions of this article and the
continued holding of a valid Certificate of Occupancy for the building
wherein the establishment is located.
Sec. 6-8-3 POST-OPERATIONAL INSPECTIONS
A. INSPECTION FREQUENCY
An inspection of a local food establishment shall be performed at
least once every six months. Additional inspections of the local food
establishment shall be performed as often as necessary for the
enforcement of this Article.
B. ACCESS
Representatives of the City, after proper identification, shall be
permitted to enter any local food establishment at any reasonable
time for the purpose of making inspections to determine compliance
with this Article. The representatives shall be permitted to examine
the records of the establishment to obtain information pertaining to
food and supplies purchased, received, or used. Denial of access
shall be justification for suspension or revocation of the Food Service
Permit.
C. REPORT OF INSPECTIONS
Whenever an inspection of a local food establishment or commissary
is made,the findings shall be recorded on an inspection report form.
The inspection report form shall summarize the requirements of this
Article and shall set forth a weighted point value for each
requirement. Inspection remarks shall be written to reference, by
section number, the section violated and shall state the correction to
be made. The rating score of the establishment shall be the total of
the weighted point values for all violations, subtracted from 100, A
copy of the completed inspection report form shall be furnished to
the person in charge of the establishment at the conclusion of the
inspection. The completed inspection report form is a public
document that shall be made available for public disclosure to any
person who requests it according to law.
D. CORRECTION OF VIOLATIONS
1. The completed inspection report form shall specify a
reasonable period of time for the correction of the violations
found; and correction of the violations shall be accomplished
within the period specified, in accordance with the following
provisions:
a. If an imminent health hazard exists, such as complete
lack of refrigeration or sewage backup into the
establishment, the establishment shall immediately
cease food service operations. Operations shall not be
resumed until authorized by the Environmental Health
Department.
b. All violations of 4- or 5-point weighted items shall be
corrected as soon as possible, but in any event, within
10 days following inspection. A follow up inspection
shall be conducted to confirm correction.
c. All 1- or 2-point weighted items shall be corrected as
soon as possible, but in any event, by the time of the
next routine inspection.
d. When the rating score of the establishment is less than
60, the establishment shall initiate corrective action on
all identified violations within 48 hours. One or more
reinspections will be conducted at reasonable time
intervals to assure correction.
e. In the case of temporary local food establishments, all
violations shall be corrected within 24 hours. If
violations are not corrected within 24 hours, the
establishment shall immediately cease food service
operations until authorized to resume by an
Environmental Health Department officer.
2. The inspection report shall state that failure to comply with
any time limit for corrections may result in an order to require
cessation of food service operations. An opportunity for
hearing on the inspection findings or the time limitations or
both will be provided if a written request is filed with the
Environmental Health Department within 10 days following any
order requiring cessation of operations. If a request for
hearing is received, a hearing shall be held within 20 days of
receipt of the request.
3. Whenever a local food establishment is required under the
provisions hereof to cease operations, it shall not resume
operations until it is shown on reinspection that conditions
responsible for the order to cease operations no longer exist.
Opportunity for reinspection shall be offered within a
reasonable time as established by an officer of the
Environmental Health Department.
Sec. 6-8-4 SUSPENSION OF PERMIT
A. The City may, without warning, notice, or hearing suspend any
permit to operate a local 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 local food establishment
otherwise constitutes a substantial hazard to public health.
Suspension is effective upon service of notice as required herein.
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 20 days
of receipt of a written request for hearing.
B. Whenever a permit is suspended, the holder thereof or the person
in charge shall be notified in writing that an opportunity for hearing
will be provided if a written request for hearing is filed with the
Environmental Health Department within ten days. If no written
request for hearing is filed within ten days, the suspension is
sustained. The Environmental Health Department may end the
suspension at any time if reasons for suspension no longer exist.
Sec. 6-8-5 REVOCATION OF PERMIT
A. The Environmental Health Department 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 a City Officer in performance of duty.
B. Prior to revocation, the Environmental Health Department 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 10 days following service
of such notice unless a written request for hearing is filed with the
Environmental Health Department by the holder of the permit within
such 10-day period. If no request for hearing is filed within the
10-day period, the revocation of the permit becomes final.
C. Whenever revocation of a permit has become final, the holder of the
revoked permit may make written application for a new permit.
Sec. 6-8-6 HEARINGS
The hearings provided for in this Article shall be conducted by the City
Health Officer at a time and place designated by such officer. Any oral
testimony given at a hearing shall be reported verbatim, and the presiding
officer shall make provision for sufficient copies of the transcript if
requested. The City Health Officer shall make a final finding based upon the
complete hearing record and shall sustain, modify or rescind any notice or
order considered in the hearing. A written report of the hearing decision
shall be furnished to the holder of the permit by the City Health Officer.
Sec. 6-8-7 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 or certificate.
Sec. 6-8-8 EXAMINATION AND CONDEMNATION OF FOOD
A. GENERAL
Food may be examined or sampled by any officer of the
Environmental Health Department as often as necessary for
enforcement of this Article. The Environmental Health Department
may, upon written notice to the owner or person in charge,
specifying with particularity the reasons therefor, place a hold order
on any food which it believes is in violation of the provisions hereof.
An officer of the Environmental Health Department shall tag, label, or
otherwise identify any food subject to the hold order. No food
subject to a hold order shall be used, served, or moved from the
establishment. The Environmental Health Department's hold order
shall permit storage of the food under 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.
The hold order shall state that a request for hearing may be filed
within 10 days and that if no hearing is requested the food shall be
destroyed. If a request for hearing is received, the hearing shall be
held in accordance with the hearing provisions of this article. 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 destroy such food or to
bring it into compliance with the provisions of this Article.
Sec. 6-8-9 PROCEDURE WHEN INFECTION IS SUSPECTED
A. GENERAL
When the Environmental Health Department has reasonable cause to
suspect possible disease transmission by an employee of a local food
establishment, it may secure a morbidity history of the suspected employee
or make any other investigation as indicated and shall take appropriate
action. The Environmental Health Department may require any or all of the
following measures:
1. The immediate exclusion of the employee from employment
in local food establishments;
2. The immediate closing of the local food establishment
concerned until, in the opinion of the Environmental Health
Department no further danger of disease outbreak exists;
3. Restriction of the employee's services to some area of the
establishment where there would be no danger of transmitting
disease;
4. Adequate medical and laboratory examination of the employee
and of other employees and of his and their body discharges
at owners expense."
SECTION 2. RULES ON FOOD SERVICE SANITATION
There is hereby adopted as the City of Coppell Rules on Food Service
Sanitation, that certain edition of the Texas Department of Health's Rules on Food
Service Sanitation which was adopted by the Texas Board of Health as Rules
301.73.11.001 - .011. A copy of said Rules, originally adopted by Ordinance No. 308 is
brought forward and attached as Exhibit "A" to this ordinance and made a part hereof for
all purposes. Because of the size of this Exhibit "A" it shall not be printed in the Code
Book of the city but shall be maintained, together with a copy of this ordinance, in a
separate file in the Office of the City Secretary.
SECTION 3. REPEALING CLAUSE
All parts of ordinances inconsistent or in conflict with the provisions of this
ordinance are hereby repealed.
SECTION 4. SEVERABILITY CLAUSE
If any article, paragraph or subdivision, clause or provision of this ordinance shall
be adjudged invalid or held unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any part or provision thereof, other than the part so decided to
be invalid or unconstitutional.
SECTION 5. PENALTY CLAUSE
Any person, firm or corporation violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and, upon conviction shall be punished by a
penalty of fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense,
except where a different penalty has been established by state law the penalty shall be
that fixed by state law, and for any offense which is a violation of any provision that
governs fire safety, zoning, public health and sanitation or the dumping of refuse or junk
as such terms are defined by Section 365.011 of the Texas Litter Abatement Act, Chapter
365 V.T.C.A., Health and Safety Code, as amended, the penalty shall be a fine not to
exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and
every day such offense is continued shall constitute a new and separate offense.
SECTION 6. EFFECTIVE DATE
This ordinance shall take effect immediately from and after the publication of its
caption, as the law in such cases provides.
DULY, PASSED by the City Council of the City of Coppell, Texas, this the 13th
day of October , 1992.
APPROVED
Mark Wolfe
MAYOR
ATTEST:
Linda Grau
CITY SECRETARY, ASST.
APPROVED AS TO FORM:
Lawrence W. Jackson
CITY ATTORNEY
C092-0930
RULES ON YO~ SEXYICE SANITATION
TABLE OF CONTENTS
PAG~
§229.161 Purpose ......................................................... i
§229.162 Definitions ...................................................
§229.163 Food Care ...................................................... 3
(a) Food Supplies ............................................. 3
(b) Food Protection ...................................... --~'--- 4
(c) Food Storage ............................................ 4
(d) Food Preparation ......................................... 6
(e) Food Display and Service ................................. 7
(f) Food Transportation ....................................... 9
§229.164 Personnel ........ ~ ........................................... 9
(a) Employee Health ........................................... 9
(b) Personal Cleanliness ..................................... 10
(c) Clothing .................................................. 10
· (d) Employee Practices ...................................... 10
§229.165 Equipment and Utensils ......................................... 10
(a) Materials ............................................... i0
(b) Design and Fabrication ............................ ~ ..... 11
(c) Equipment Installation and Location ....................... 13
§229.166 Cleaning, Sanitlzation and Storage of Equipment and Utensils .... 14
(a) Equipment and Utensil Cleaning and Sanitlzatlon ........... 14
(b) Equipment and Utensil Storage ............................
§229.167 Sanitary Facilities and Controls .............................. 20
(a) Water Supply ............................................. 20
(b) Sewage ................................................... 21
(c) plumbing---~ ............................................. 21
(d) Toilet Facilities ....................................... 22
(e) Lavatory Fadilities ................................... 22
(f) Garbage and Refuse ..................................... 23
(g) Insect and Rodent Control. 24
§229.168. Construction and Maintenance of Physical Facilities' 24
(a) Floors ................................................. 25
(b) Walls and Ceilings 25
(c) Cleaning Facilities .................................... 26
(d) Lighting. 26
(e) Ventilation .............................. ~ ........... 26
(f) Dressing Rooms and Locker Areas 27
(g) Poisons or Toxic Materials .............................. 27
(h) Premises ..............................................
EXHIBIT "A" TO FOOD SERVICE ORDINANCE
FA~E
§229.169 Mobile Food Units ............................................... 29
(a) Mobile Food Service ...................................... 29
(b) Commissary ................................................. 30
(c) Servicing Area and Operations ............................. 31
§229.170 Temporary Food Service Establishments ........................... 31
(a) General .................................................. 31
(b) Restricted Operations ...................................... 32
(c) Ice ..................................................... 32
(d) Equipment ................................................. 32
(e) Single-Service Articles ................................. 32.
(f) Water ......................... ~ ........................... 32
(g) Wet Storage ............................................... 32
(h) Waste .................................................... 33
(i) Handwashing ............................................... 33
(j) Floors .................................................... 33
(k) Walls and Ceilings.of Food Preparation Areas ............ 33
§229.171 Inspection and Enforcement ...................................... 33
(a) Access ............................................... 33
(b) Report of Inspections ...................................... 33
(c) Correction of Violations .................................. 34
(d) Examination and Condemnation of Food ...................... 34
(e) Procedure When Infection is Suspected ..................... 34
(f) Inspection Report Form ................................... 35
Texas Department of Health Page 1 of 35
Division of Food and Drugs
RULES ON FOOD SERVICE SANITATION §§229.161 - 229.171
§229.161 Purpose. The function of these sections is to protect the public
health by establishing uniform requirements for food service operations.
§229.162 Definitions. The following words and terms, w~en used in this
chapter, shall have the following meanings, unless the context clearly
indicates otherwise:
Commissary - a catering establishment, restaurant, or any other place in
which food, containers, or supplies are kept, handled, prepared, packaged or
stored.
Corrosion-resistant materials - those materials that maintain their
original surface characteristics under prolonged influence of the food to be
contacted, the normal use of cleaning compounds and bactericidal solutions,
and other conditions-of-use environment.
Easily cleanable - that surfaces are readily accessible and made of such
materials and finish and so fabricated that residue may be effectively removed
by normal cleaning methods.
Employee - individuals having supervisory or management duties and any
other person working in a food service establishment.
Equipment - stoves, ovens, ranges, hoods, slicers, mixers, meatblocks,
tables, counters, refrigerators, sinks, dishwashing machines, steam tables,
and similar items other than utensils, used in the operation of a food service
establishment.
Food - any raw, cooked, or processed edible substance, ice, beverage or
ingredient used or intended for hoe or for sale in whole or in part for human
consumption.
Food-contact surface - those surfaces of equipment and utensils with
which food normally comes in contact, and those surfaces from which food may
drain, drip, or splash back onto surfaces normally in contact with food.
Food establishments -
(A) Food processing establishment - commercial establishment in
which food is manufactured or packaged for human consumption. The term does
not include a food service establishment, retail food store, or commissary
operation.
(B) Food service establishment - any place where food is prepared
and intended for individual portion service, and includes the site at which
individual portions are provided. The term includes any such place regardless
of whether consumpt{on is on or off the premises and regardless of whether
Texas Department of Health Page 2 of 35
Division of Food and Drugs
there is a charge for the food. The term also includes delicatessen-type
operations that prepare sandwiches intended for individual portion service.
The term does not include private homes where food is prepared or served for
individual family consumption, retail food stores, the location of food
vending machines, and supply vehicles.
Hermetically sealed container - a container designed and intended to be
secure against the entry of microorganisms and to maintain the commerci~l
sterility of its content after processing.
Kitchenware - all multi-use utensils other than tableware.
Law - includes Federal, State, and local statutes, ordinances, and
regulations.
Mobile food unit - a vehicle-mounted food service establishment designed
to be readily moveable.
Packaged T bottled, canned, or cartoned or securely wrapped.
Person - includes any individual, partnership, corporations, association,
trustee, or other legal entity.
Person in charge - the individual present in a food service establishment
who is the apparent supervisor of the food service establishment at the time
of inspection. If no individual is the apparent supervisor, then any employee
present is the person in charge.
Potentially hazardous food - any food that consists in whole or in part
of milk or milk products, eggs, meat, poultry, fish, shellfish, edible
crustacea, or other ingredients including synthetic ingredients, in a form
capable of supporting rapid and progressive growth of infectious or toxigenic
microorganisms. The term does not include clean, whole, uricracked, odor-free
shell eggs or foods which have a pH level of 4.5 or below or a water activity
(Aw) value of 0.85 or less.
Reconstituted - recombining dehydrated food products with water or other
liquids.
Regulatory authority - the State and/or local enforcement authority or
authorities having jurisdiction over the food service establishment, or those
determined by the Commissioner of Health as having jurisdiction.
Safe materials - articles manufactured from or composed of materials that
may not reasonably be expected to result, directly or indirectly, in their
Texas Department of Health Page 3 of 35
Division of Food and Drugs
becoming a componet or otherwise affecting the characteristics of any food.
If materials are food additives or color additives as defined in Section
201(s) or (t) of the Federal Food, Drug, and Cosmetic Act as used, they are
"safe" only if they are used in conformity with regulations established
pursuant to Section 409 or Section 706 of the Act. Other materials are "safe"
only if they are not food additives or color additives as defined in Section
201(s) or (t) of the Federal Food, Drug, and Cosmetic Act, as used.
Sanitizati0n - effective bactericidal treatment by a process that
provides enough accumulative heat or concentration of chemicals for enough
time to reduce the bacterial count, including pathogens, to a safe level on
utensils and equipment.
Sealed free of cracks or other openings that permit the entry or
passage of moisture.
Single-service articles cups, containers, lids, closures, plates,
knives, forks, spoons, stirrers, paddles, straws, napkins, wrapping materials,
toothpicks and similar articles intended for one-time, one-person use and then
discarded.
Tableware - all multi-use eating and drinking utensils including flatware
(knives, forks and spoons).
Temporary food service establishment - a food service establishment that
operates at a fixed location for a period of time of not more than 14
consecutive days in conjunction with a single event or celebration.
Utensil - any implement used in the storage, preparation, transportation,
or service of food.
§229.163 Food Care.
(a) Food Supplies.
(1) General. Food shall be in sound condition, free from spoilage,
filth, or other contamination and shall be safe for human consumption. Food
shall be obtained from sources that comply with all laws relating to food and
food labeling. The use of food in hermetically sealed containers that was not
prepared in a food processing establishment is prohibited.
(2) Special Requirements.
(A) Fluid milk and fluid milk products used or served shall be
pasteurized and shall meet the Grade A quality standards as established by law.
Dry milk and dry milk products shall be made from pasteurized milk and milk
products.
Texas Department of Health Page 4 of 35
Division of Food and Drugs
(B) Fresh and frozen shucked shellfish (oysters, clams, or
mussels) shall be packed in nonreturnable packages identified with the name and
address of the original shell stock processor, shucker-packer, or repacker, and
the interstate certification number issued according to law. Shell stock and
shucked shellfish shall be kept in the container in which they were received
until they are used. Each container of unshucked shell stock (oysters, clams,
or mussels) shall be indentified by an attached tag that states the name and
address of the original shell stock processor, the kind and quantity of shell
stock, and an interstate certification number issued by the State or fore'ign
shellfish control agency.
(C) Only clean whole eggs, with shell intact and wlthout cracks
or checks or pasteurized liquid, frozen, or dry eggs or pasteurized dry egg
products shall be used, except that hard boiled, peeled eggs, commercially
prepared and packaged, may be used.
(b) Food Protection.
(1) General. At all times, including while being stored, prepared,
displayed, served, or transported, food shall be protected from potential
contamination, including dust, insects, rodents, unclean equipment and
utensils, unnecessary handling, coughs and sneezes, flooding, drainage, and
overhead leakage or overhead drippage from condensation. The internal
temperature of potentially hazardous food shall be 45°F.(7°C.) or below or
140°F.(60°C.) or above at all times, except as otherwise provided in these
rules.
(2) Emergency Occurrences. In the event of an occurrence, such as a
fire, flood, power outage, or similar event, which might result in the
contamination of food, or which might prevent potentially hazardous food from
being held at required temperatures, the person in charge shall immediately
contact the regulatory authority. Upon receiving notice of this occurrence,
the regulatory authority shall take whatever action that it deems necessary to
protect the public health.
(c) Food Storage.
(1) General.
(A) Food, whether raw or prepared, if removed from the
container or package in which it was obtained, shall be stored in a clean
covered container except during necessary periods of preparation or service.
Container covers shall be impervious and nonabsorbent, except that linens or
napkins may be used for lining or covering bread or roll containers. Solid
cuts of meat shall be protected by being covered in storage, except that
quarters or sides of meat may be hung uncovered on clean sanitized hooks if no
food product is stored beneath the meat.
Texas Department of Health Page 5 of 35
Division of Food and Drugs
(B) Containers of food shall be stored a minimum of six inches
above the floor in the manner that protects the food from splash and other
contamination, and that permits easy cleaning of the storage area, except that:
(i) Metal pressurized beverage containers, and cased food
packaged in cans, glass or other waterproof containers need not be elevated
when the food container is not exposed to floor moisture; and
(ii) Containers may he stored on dollies, racks or pallets,
provided such equipment is easily movable.
(C) Food and containers of food shall not be stored under
exposed or unprotected sewer lines or water lines, except for automatic fire
protection sprinkler heads that may be required by law. The storage of food in
toilet rooms or vestibules is' prohibited.
(D) Food not subject to further washing or cooking before
serving shall be stored in a way that protects it against cross-contamination
from food requiring washing or cooking.
(E) Packaged food shall not be stored in contact with water or
undralned ice. Wrapped sandwiches shall not be stored in direct contact with
ice.
(F) Unless its identity is unmistakable, bulk food such as
cooking oil, syrup, salt, sugar or flour not stored in the product container or
package in which it was obtained, shall be stored in a container identifying
the food by cormnon name.
(2) Refrigerated Storage.
(A) Conveniently located refrigeration facilities or
effectively insulated facillt~es shall be provided to assure the maintenance of
all potentially hazardous food at required temperatures during storage. Each
mechanically refrigerated facility storing potentially hazardous food shall be
provided with a numerically scaled indicating thermometer, accurate to 13~F.,
located to measure the air temperature in the warmest part of the facility and
located to be easily readable. Recording thermometers, accurate to ~3~., may
be used in lieu of indicating thermometers.
(B) Potentially hazardous food requiring refrigeration after
preparation shall be rapidly cooled to an internal temperature of 45°F.(7'C.)
or below. Potentially hazardous foods of large volume or prepared in large
quantities shall be rapidly cooled utilizing such methods as shallow pans,
agitation, quick chilling or water circulation external to the food container
so that the cooling period shall not exceed four(4) hours. Potentially
hazardous food to be transported shall be prechilled and held at a temperature
of 45"F.(76C.) or below unless maintained in accordance with paragraph (3)(B)
of this subsection.
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Division of Food and Drugs
(C) Frozen foods shall be kept frozen and shall be stored at a
temperature of 0°F.(-18°C.) or below.
(D) Ice intended for human consumption shall not be used as a
medium for cooling stored food, food containers or food utensils, except that
such ice may be used for cooling tubes conveying beverages or beverage
ingredients to a dispenser head. Ice used for cooling stored food and food
containers shall not be used for human consumption.
(3) Hot Storage
(A) Conveniently located hot food storage facilities shall be
provided to assure the maintenance of food at the required temperature during
storage. Each hot food facility storing potentially hazardous food shall be
provided with a numerically scaled indicating thermometer, accurate to 13°F.,
located to measure the air temperature in the coolest part of the facility and
located to be easily readable. Recording thermometers, accurate to 13°F., may
be used in lieu of indicating thermometers. Where it is impractical to
install thermometers on equipment such as balnmaries, steam tables, steam
kettles, heat lamps, cal-rod units, or insulated food transport carriers, a
product thermometer must be available and used to check internal food
temperature.
(B) The internal temperature of potentially hazardous foods
requiring hot storage shall be 140°F.(60°C.) or above except during necessary
periods of preparation. Potentially hazardous food to be transported shall be
held at a temperature of 140°F.(60°C.) or above unless maintained in
accordance with paragraph (2)(B) of this subsection.
(d) Food Preparation.
(1) General. Food shall be prepared with the least possible manual
contact, with suitable utensilS, and on surfaces that prior to use have been
cleaned, rinsed and sanitized to prevent cross-contamination.'
(2) Raw Fruits and ~aw Vegetables. Raw fruits and raw vegetables
shall be thoroughly washed with potable water before being cooked or served.
(3) Cooking Potentially Hazardous Foods. Potentially hazardous
foods requiring cooking shall be cooked to heat all parts of the food to a
temperature of at least I40°F.(60°C.), except that:
(A) Poultry, poultry stuffings, stuffed meats and stuffings
containing meat shall be cooked to heat all parts of the food to at least
165~F.(74°C.) with no interruption of the cooking process.
(B) Pork and any food containing pork shall be cooked to heat
all parts of the food to at least 150°F.(66°C.).
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Division of Food and Drugs
(C) Rare roast beef shall be cooked to an internal temperature
of at least 130°F.(54°C.), and rare beef steak shall be cooked to a
temperature of 130°F.(54°C.) unless otherwise ordered by the immediate
consumer.
(4) Dry Milk and Dry Milk Products. Reconstituted dry milk and dry
milk products may be used'in instant desserts and whipped products, or for
cooking and baking purposes.
(5) Liquid, Frozen, Dry Eggs and Egg Products. Liquid, frozen; dry
eggs and egg products shall be used only for cooking and baking purposes.
(6) Reheating. Potentially hazardous foods that have been cooked
and then refrigerated, shall be reheated rapidly to 165°F.(74°C.) or higher
throughout before being served or before being placed in a hot food storage
facility. Steam tables, bain~aries, warmers, and similar hot food holding
facilities are prohibited for the rapid reheating of potentially hazardous
foods.
(7) Nondairy Products. Nondairy creaming, whitenlug, or whipping
agents may be reconstituted on the premises only when they will be stored in
sanitized, covered containers not exceeding one gallon in capacity and cooled
to 45°F.(7°C.) or below within four hours after preparation.
(8) Product Thermometers. Metal stem-type numerically scaled
indicating thermometers, accurate to ~2°F., shall be provided and used to
assure the attainment and maintenance of proper internal cooking, holding, or
refrigeration temperatures of all potentially hazardous foods.
(9) Thawing Potentially Hazardous Foods. Potentially hazardous
foods shall be thawed:
(A) In refrigerated units at a temperature not to exceed
45°F.(7°C.); or
(B) Under potable running water of a temperature of
70~F.(21°C.) or below, with sufficient water velocity to agitate and float off
loose food particles into the overflow; or
(C) In a microwave oven only when the food will be immediately
transferred to conventional cooking facilities as part of a continuous cooking
process or when the entire, uninterrupted cooking process takes place in the
microwave oven; or
(D) As part of the conventional cooking process.
(e) Food Display and Service.
(1) Potentially Hazardous Foods. Potentially hazardous food shall
be kept at an internal temperature of 45°F.(7°C-) or below or at an internal
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Division of Food and Drugs
temperature of 140°F.(60°C.) or above during display and service, except that
rare roast beef shall be held for service at a temperature of at least
130°F.(54°C.).
(2) Milk and Cream Dispensing.
(A) Milk and milk products for drinking purposes shall be
provided to the consumer in an unopened, commercially filled package not
exceeding one pint in capacity, or drawn frpm a commercially filled container
stored in a mechanically refrigerated bulk milk dispenser. Where it is
necessary to provide individual servings under special institutional
circumstances, milk and milk products may be poured from a commercially filled
container provided such a procedure is authorized by the regulatory authority.
Where a bulk dispenser for milk and milk products is not available and
portions of less that one-half pint are required for mixed drinks, cereal, or
dessert service, milk and milk products may be poured from a commercially
filled container.
(B) Cream or half and half shall be provided in an individual
service container, protected pour-type pitcher, or drawn from a refrigerated
dispenser designed for such service.
(3) Nondairy Product Dispensing. Nondairy creaming or whltenlng
agents shall be provided in an individual service container, protected pour-
type pitcher, or drawn from a refrigerated dispenser designed for such
service.
(4) Condiment Dispensing.
(A) Condiments, seasonings and dressings for self-service use
shall be provided in individual packages, from dispensers, or from containers
protected in acordance with paragraph (8) of this subsection.
(B) Condiments provided for table or counter service shall be
individually portioned, exceptlthat catsup and other sauces may be served in
the original container or pour-type dispenser. Sugar for consumer usage shall
be provided in individual packages or in pour-type dispensers.
(5) Ice Dispensing. Ice for consumer use shall be dispensed only
by employees with scoops, tongs, or other ice-self-dispenslng utensils or
through automatic service, ice-dispensing equipment. Ice dispensing utensils
shall be stored on a clean surface or in the ice with the dispensing utensil's
handle extended out of the ice. Between uses, ice transfer receptacles shall
be stored in a way that protects them from contamination, Ice storage bins
shall be drained through an air gap.
(6) Dispensing Utensils. To avoid unnecessary manual contact with
food, suitable dispensing utensils shall be used by employees or provided to
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Division of Food and Drugs
consumers who serve themselves. Between uses during service, dispensing
utensils shall be:
(A) Stored in the food with the dispensing utensil handle
extended out of the food; or
(B) Stored clean and dry; or
(C) Stored in running water; or
(D) Stored either in a running water dipper well, or clean and
dry in the case of dispensing utensils and malt collars used in preparing
frozen desserts.
(7) Reservice. OnCe served to a consumer, portions of leftover
food shall not be served again except that packaged food, other than
potentially hazardous food, that is still packaged and is still in sound
condition, may be re-served.
(8) Display Equipment. Food on display shall be protected from
consumer contamination by the use of packaging or by the use of easily
cleanable counter, serving line or salad bar protector devices, display cases,
or by other effective means. Enough hot or cold food facilities shall be
available to maintain the required temperature of potentially hazardous food
on display.
(9) Reuse of Tableware. Reuse of soiled tableware by self-service
consumers returning to the service area for additional food is prohibited.
Beverage cups and glasses are exempt from this requirement.
(f) Food Transportation. During transportation, food and food utensils
shall be kept in covered containers or completely wrapped or packaged so as to
be protected from contaminati6n. Foods in original individual packages do not
need to be overwrapped or covered if the original package has not been torn or
broken. During transportation, including transportation to another location
for service or catering operations, food shall meet the requirements of these
rules relating to food protection and food storage.
§229,164 Personnel.
(a) Employee Health. No person, while infected with a disease in a
communicable form that can be transmitted by foods or who is a carrier of
organisms that cause such a disease or while afflicted with a boil, sn
infected wound, or an acute respiratory infection, shall work in a food
service establishment in any capacity in which there is a likelihood of such
person contaminating food or food-contact surfaces with pathogenic organisms
or transmitting disease to other persons.
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Division of Food and Drugs
(b) Personal Cleanliness. Employees shall thoroughly wash their hands
and the exposed portions of their arms with soap and warm water before
starting work, during work as often as is necessary to keep them clean, and
after smoking, eating, drinking, or using the toilet. Employees shall keep
their fingernails clean and trimmed.
(c) Clothing.
(1) The outer clothing of all employees shall be clean.
(2) Employees shall use effective hair restraints to prevent the
contamination of food or food-contact surfaces.
(3) Employees shall remove all insecure jewelry, and during periods
when food is manipulated by hand, remove from hands any jewelry that cannot be
adequately sanitized.
(d) Employee Practices.
(1) Employees shall consume food only in designated dining areas.
An employee dining area shall not be so designated if consuming food there may
result in contamination of other food, equipment, utensils, or other items
needing protection.
(2) Employees shall not use tobacco in any form while engaged in
food preparation or service, nor while in equipment-washing or utensil-washing
or food preparation areas. Employees shall use tobacco only in designated
areas. An employee tobacco use area shall not be designated for that purpose
if the use of tobacco there may result in contamination of food, equipment,
utensils, or other items needing protection.
(3) Employees shall handle soiled tableware in a way that minimizes
contamination of their hands.
(4) Employees shall mlaintain in high degree of personal cleanliness
and shall conform to good hygienic practices during alll working periods in the
food service establishment.
8229.165 Equipment and Utensils.
(a) Materials.
(1) General. Multi-use equipment and utensils shall be constructed
and repaired with safe materials, including finishing materials; shall be
corrosion resistant and nonabsorbent; and shall be smooth, easily cleanable,
and durable under conditions of normal use. Single-service articles shall be
made from clean, sanitary, safe materials. Equipment, utensils, and single-
service articles shall not impart odors, color, or taste, nor contribute to
the contamination of food.
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(2) Solder. If solder is used, it shall be composed of safe
materials and be corrosion resistant.
(3) Wood. Hard maple or equivalently nonabsorbent material that
meets the general requirements set forth in paragraph (1) of this subsection,
may be used for cutting blocks, cutting boards, salad bowls, and baker'a
tables. Wood may be used for single-service articles, such as chop sticks,
stirrers, or ice cream spoons. The use~of wood as a food-contact surface
under other circumstances is prohibited.
(4) Plastics. Safe plastic or safe rubber or safe rubber-like
materials that are resistant under normal conditions of use to scratching,
scoring, decomposition, crazing, chipping and distortion, that are of
sufficient weight and thickness to permit cleaning and sanitizing by normal
dishwashing methods, and which meet the general requirements set forth in
paragraph (1) of this subsection, are permitted for repeated use.
(5) Mollusk and Crustacea Shells. Mollusk and crustacea shells may
be used only once as a serving container. Further reuse of such shells for
food service is prohibited.
(6) Single-Service. Reuse of single-service articles is
prohibited.
(b) Design and Fabrication.
(1) General. All equipment and utensils, including plastic ware,
shall be designed and fabricated for durability under conditions of normal use
and shall be resistant to denring, buckling, pitting, chipping, and crazing.
(A) Food-contact surfaces shall be easily cleanable, smooth,
and free of breaks, open seams, cracks, chips, pits, and similar
imperfections, and free of difficult-to-clean internal corners and crevices.
Cast iron may be used as a food-contact surface only if the surface is heated,
such as in grills, griddle tdps, and skillets. Threads shall be designed to
facilitate cleaning; ordinary '~" type threads are prohibited in fond-contact
surfaces, except that in equipment such as ice makers or hot oil cooking
equipment and hot oil filtering systems such threads shall be minimized.
(B) Equipment containing bearings and geare requiring unsafe
lubricants shall be designed and constructed so that the lubricant cannot
leak, drip, or be forced into food or onto food-contact surfaces. Only safe
lubricants shall be used on equipment designed to receive lubrication of
bearings and gears on or within food-contact surfaces.
(C) Tubing conveying beverages or beverage ingredients to
dispensing heads may be in contact with stored ice, provided that such tubing
is fabricated from safe materials, is grommeted at entry and exit points to
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Division of Food and Drugs
preclude moisture (condensation) from entering the ice machine or the ice
storage bin, and is kept clean. Drainage or drainage tubes from dispensing
units shall not pass through the ice machine or the ice storage bin.
(D) Sinks and drain boards shall be self-drainlng.
(2) Accessibility. Unless designed for in-place cleaning, food-
contact surfaces shall be accessible for clenaing and inspection:
(A) Without being disassembled; or
(B) By disassembllng without the use of tools; or
(C) By easy disassembling with the use of only simple tools
such as a mallet, a screwdriver~ or an open-end wrench kept available near the
equipment.
(3) In-place Cleaning. Equipment intended for in-place cleaning
shall be so designed and fabricated that:
(A) Cleaning and sanitlzing solutions can be circulated
throughout a fixed system using an effective cleaning and sanitizlng regimen;
and
(B) Cleaning and sanitlzing solutions will contact all
interior food-contact surfaces; and
(C) The system is self-draining or capable of being completely
evacuated.
(4) Pressure Spray Cleaning. Fixed equipment designed and
fabricated to be cleaned and sanitized by pressure spray methods shall have
sealed electrical wiring, switches, and connections.
(5) Thermometers. Indicating thermometers required for immersion
into food or cooking media shall be of metal stem-type construction,
numerically scaled and accurate to +2°F.
(6) Nonfood-contact Surfaces. Surfaces of equipment not intended
for contact with food, but which are exposed to splash or food debris or which
otherwise require frequent cleaning, shall be designed and fabricated to be
smooth, washable, free of unnecessary ledges, projections, or crevices, and
readily accessible for cleaning, and shall be of such material and in such
repair as to be easily maintained in a clean and sanitary condition.
(7) Ventilation Hoods. Ventilation hoods and devices shall be
designed to prevent grease or condensation from collecting on walls and
ceilings, and from dripping into food or onto food-contact surfaces. Filters
or other grease extracting equipment shall be readily removable for cleaning
and replacement if not designed to be cleaned in place.
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Division of Food and Drugs
(8) Existing Equipment. Equipment which was installed in s food
service establishment prior to the effective date of these rules, and which
does not meet fully all of the design and fabrication requirements of this
rule, shall be deemed acceptable in that establishment as long as there is no
change of ownership, if it is in good repair, capable of being maintained in a
sanitary condition, and the food-contact surfaces are nontoxic. Replacement
equipment and new equipment acquired after the effective date of these rules
shall meet the requirements of these rules.-
(c) Equipment Installation and Location.
(1) General. Equipment, including ice makers and ice storage
equipment, shall not be located under exposed or unprotected sewer lines or
water lines, open stairwells, or other sources of contamination. This
requirement does not apply to ~utomatic fire protection sprinkler heads that
may be required by law.
(2) Table Mounted Equipment.
(A) Equipment that is placed on tables or counters, unless
portable, shall be sealed to the table or counter or elevated on legs to
provide at least a four inch clearance between the table or counter and
equipment and shall be installed to facilitate the cleaning of the equipment
and adjacent areas.
(B) Equipment is portable within the meaning of subparagraph
(A) of this paragraph if:
(i) It is small and light enough to be moved easily by
one person; and
(ii) It has no utility connection, or has a utility
connection that disconnects quidkly, or has a flexible utility connection line
of sufficient length to permit the equipment to be moved for easy cleaning.
(3) Floor-mounted Equipment.
(A) Floor-mounted equipment, unless readily movable, shall be:
(i) Sealed to the floor; or
(ii) Installed on a raised platform of concrete or other
smooth masonry in a way that meets all the requirements for sealing or floor
clearance; or
(iii) Elevated on legs to provide at least a six inch
clearance between the floor and equipment, except that vertically mounted
floor mixers may be elevated to provide at least a four inch clearance Between
the floor and equipment if no part of the floor under the mixer is more than
six inches from cleaning access.
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Division of Food and Drugs
(B) Equipment is easily movable if:
(i) It is mounted on wheels or casters; and
(ii) It has no utility connection or has a utility
connection that disconnects quickly, or has a flexible utility line of
sufficient length to permit the equipment to be moved for easy cleaning.
(C) Unless sufficient space is provided for easy cleaning
between and behind each unit of floor-mounted equipment, the space between it
and adjoining equipment units, and between it and adjacent walls, shall be
closed; or, if exposed to seepage, the equipment shall be sealed to the
adjoining equipment or adjacent walls.
(4) Aisles and Wor~ing Spaces. Aisles and working spaces between
units of equipment and walls, shall be unobstructed and of sufficient width to
permit employees to perform their duties readily without contamination of food
or food-contact surfaces by clothing or personal contact. All easily movable
storage equipment such as pallets, racks, and dollies shall be positioned to
provide accessibility to working areas.
§229.166 Cleaning, Sanitization and Storage of Equipment and Utensils.
(a) Equipment and Utensil Cleaning and Sanitization.
(1) Cleaning Frequency.
(A) Tableware shall be washed, rinsed, and sanitized after
each use.
(B) To prevent cross-contamination, kitchenware and food-
contact surfaces of equipment shall be washed, rinsed, and sanitized after
each use and following any interruption of operations during which time
contamination may have occurred.
(C) Where equipment and utensils are used for the preparation
of potentially hazardous foods on a continuous or production-llne basis,
utensils and the food-contact surfaces of equipment shall be washed, rinsed,
and sanitized at intervals throughout the day on a schedule based on food
temperature, type of food, and amount of food particle accumulation.
(D) The food-contact surfaces of grills, griddles, and similar
cooking devices and the cavities and door seals of microwave ovens shall be
cleaned at least once a day; except that this shall not apply to hot oil
cooking equipment and hot oil filtering systems. The food-contact surfaces of
all cooking equipment shall be kept free of encrusted grease depoBits and
other accumulated soil.
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Division of Food and Drugs
(E) Nonfood-contact surfaces of equipment shall be cleaned as
often as is necessary to keep the equipment free of accumulation of dust,
dirt, food particles, and other debris.
(2) Wiping Cloths.
(A) Cloths used for wiping food spills on tableware, such as
plates or bowls being served to the consumer, shall be clean, dry and used for
no other purpose.
(B) Moist cloths or sponges used for wiping food spills on
kitchenware and food-contact surfaces of equipment shall be clean and rinsed
frequently in one of the sanitizing solutions permitted in paragraph (3)(E)(i)
- (vii) of this subsection, and used for no other purpose. These cloths and
sponges shall be stored in the sanitizing solution between uses.
(C) Moist cloths or sponges used for cleaning nonfood-contact
surfaces of equipment such as counters, dining table tops and shelves shall be
clean and rinsed as specified in (B) of this paragraph, and used for no other
purpose. These cloths and sponges shall be stored in the sanitizing solution
between uses.
(3) Manual Cleaning and Sanitizing.
(A) A three(3) compartment sink shall be used if washing,
rinsing and sanitizing of utensils and equipment is done manually; provided,
that existing establishments not having a three(3) compartment sink that csn
demonstrate an acceptable procedure for washing, rinsing and sanitizing
utensils and equipment may be exempt from this requirement by the regulatory
authority. Sinks shall be large enough to permit the complete immersion of
the utensils and equipment and each compartment sink shall be supplied with
hot and cold potable running water. A two(2) compartment sink will be
acceptable where only single-service tableware is used. Suitable equipment
shall be made available iflwashing, rinsing and sanitizing cannot be
accomplished by in~nersion.
(B) Drain boards or easily movable dish-tables of adequate
size shall be provided for proper handling of soiled utensils prior to washing
and for cleaned utensils following sanitizing and shall be located so as not
to interfere with the proper use of the dishwashing facilities.
(C) Equipment and utensils shall be preflnshed or prescraped
and, when necessary, presoaked to remove gross food particles and soil.
(D) Except for fixed equipment and utensils too large to be
cleaned in sink compartments, manual washing. rinsing and sanltizing shall be
conducted in the following sequence:
(i) SluRs shall be cleaned prior to use; and
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Division of Food and Drugs
(ii) Equipment and utensils shall be thoroughly washed in
the first compartment with a hot detergent solution that is kept clean; and
(iii) Equipment and utensils shall be rinsed free of
detergent and abrasives with clean water in the second compartment; and
(iv) Equipment and utensils shall be sanitizad in the
third compartment according to one of tb~e methods included in subparag.raphs
(E)(i) ~ (vii) of this paragraph.
(E) The food-contact surfaces of all equipment and utensils
shall be sanitized by:
(i) Immersion for at least one-half(l/2) minute in clean,
hot water at a temperature of'at least 170°F.(77°C.); or
(ii) Immersion for at least one(l) minute in a clean
solution containing at least 50 parts per million of available chlorine as a
hypochlorite and a temperature of at least 75~F.(24°C.); or
(iii) Immersion for at least one(l) minute in a clean
solution containing at least 12.5 parts per million of available iodine and
having a pH not higher than 5.0 and at a temperature of at least 75°F.(24°C.);
or
(iv) Immersion for at least one(l) minute in a clean
solution containing chlorine and bromine made up at a strength of 25 parts per
million total available halogen at a temperature of not less than
75°F.(24°C.), and not to be used after its strength has been reduced below
12.5 parts per million; or
(v) Immersion in a solution containing an approved
quaternary ammonium compound' (Q.A.C.) at a strength and for a period of time
as stated on the product's officially approved label. Quaternary ammonium
compounds refers to products approved and registered with the U.S.
Environmental Protection Agency; or
(vi) Immersion in a solution containing acid sanitizer
compounds at a strength and for a period of time as stated on the product~s
officially approved label. Acid sanitizer compounds refers to products
approved and registered with the U.S. Environmental Protection Agency; or
(vii) Immersion in a clean solution containing any other
chemical sanitizing agent approved by the Texas Board of Health that will
provide the equivalent bactericidal effect of a solution containing at least
50 parts per million of available chlorine as a hypochlorite at a temperature
of at least 75°F.(24°C.) for one(l) minute; or
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Division of Food and Drugs
(viii) Treatment with steam free from harmful materials or
additives in the case of equipment too large to sanitize by immersion, but in
which steam can be confined; or
(ix) Rinsing, spraying, or swabbing with a chemical
sanitizing solution of at least twice the strength required for that
particular sanitizing solution under clause (vii) of this subparagraph, in the
case of equipment too large to sanitize by 'in~aersion.
(F) When hot water is used for sanitizlng, the following
facilities shall be provided and used:
(i) An integral heating device or fixture installed in,
on, or under the sanitizlng compartment of the sink capable of maintaining the
water at a temperature of at least 170°F.(77°C.); and
(il) A numerically scaled indicating thermometer, accurate
to +j°F., convenient to the sink for frequent checks of water temperature; and
'(iii) Dish baskets of such size and design to permit
complete immersion of the tableware, kitchenware, and equipment in the hot
water.
(G) When chemicals are used for sanitlzation, a test kit or
other device that accurately measures the parts per million concentration of
the solution shall be provided and used.
(4) Mechanical Cleaning and Sanitlzlng.
(A) 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. These machines dnd devices shall be properly installed and
maintained in good repair. Machines and devices shall be operated in
accordance with manufacturers'~ instructions, and utensils and equipment placed
in the machine shall be exposed to all dishwashlng cycles. Automatic
detergent dispensers, wetting agent dispensers, and liquid sanltizer
injectors, if any, shall be properly installed and maintained.
(B) The pressure of final rinse water supplied to spray-type
dishwashing machines shall not be less than 15 nor more than 25 pounds per
square inch measured in the water line immediately adjacent to the final rinse
control valve. A 1/4 inch IPS valve shall be provided immediately upstream
from the final rinse control valve to permit checking the flow pressure of the
final rinse water.
(C) Machine or water line mounted numerically scaled
indicating thermometers accurate to ~3°F., shall be provided to indlclte the
temperature of the water in each tank of the machine and the temperature of
the final rinse water as it enters the manifold.
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Division of Food and Drugs
(D) Rinse water tanks shall be protected by baffles, curta{ns,
or other effective means to minimize the entry of wash water into the rinse
water. Conveyors in dishwashing machines shall be accurately timed to assure
proper exposure times in wash and rinse cycles in accordance with
manufacturers' specifications attached t6 the machines.
(E) Drain boards shall be ~rovided and be of adequate size for
the proper handling of soiled utensils. prior to washing and of cleaned
utensils following sanitization and shall be so located and constructed as not
to interfere with the proper use of the dishwashlng facilities. This does
not preclude the use of easily movable dish tables for the storage of soiled
utensils or the use of easily movable dish tables for the storage of clean
utensils following sanitization.
(F) Equipment and utensils shall be flushed or scraped and,
when necessary, soaked to remove gross food particles and soil prior to being
washed in a dishwashlng machine unless a prewash cycle is a part of the
dishwashing machine operation. Equipment and utensils shall be placed in
racks, trays, or baskets, or on conveyors, in a way that food-contact surfaces
are exposed to the unobstructed application of detergent wash and clean rinse
waters and that permits free draining.
(G) Machines (single-tank, stationary-rack, door-type machines
and spray-type glass washers) using chemicals for sanitizatfon may be used
provided that:
(i) The temperature of the wash water shall not be less
than 120~F.(49°C.); and
(ii) The wash water shall be kept clean; and
(iii) Chemicals added for sanitization purposes shall be
automatically dispensed; and
(iv) Utensils and equipment shall be exposed to the final
chemical sanitizing rinse in accordance with the manufacturers' specifications
for time and concentration; and
iv) The chemical sanitizing rinse water temperature shall
be not less than 75°F.(2Z~C.) nor less than the temperature specified by the
machine's manufacturer; and
(vi) Chemical sanitlzers used shall be approved and a test
kit or other device that accurately measures the parts per million
concentration of the solution shall be available and used.
(H) Machines using hot water for sanitizlng may be used
provided that wash water and pumped rinse water shall be kept clean and water
shall be maintained not less than the temperatures stated below:
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Division of Food and Drugs
(i) Single-tank, stationary-rack, dual-temperature
machine:
Wash temperature 150°F.(66~C.)
Final rinse temperature 180°F.(82°C.)
(ii) Single-tank, stationary-rack, single-temperature
machine:
Wash temperature 165°F.(74°C.)
Final rinse temperature 165°F.(74°C.)
(iii) Single-tank, conveyor machine:
Wash temperature 160~F.(71~C.)
Final rinse temperature 180°F.(82°C.)
(iv) Multi-tank, conveyor machine:
Wash temperature 150~F.(66°C.)
Pumped rinse temperature 160~F.(71°C.)
Final rinse temperature 180°F.(82~C.)
(v) Single-tank, pot, pan, and utensil washer (either
stationary or moving-rack):
Wash temperature 140°F.(60°C.)
Final rinse temperature 180~F.(82°C.)
(I) All dishwashing machines shall be thoroughly cleaned at
least once a day or more often when necessary to maintain them in a
satisfactory operating condition.
(5) Drying. After sanltlzation, all equipment and utensils shall
be air dried. The use of towell is prohibited.
(b) Equipment and UtensilIStorage.
(1) Handling. Cleaned and sanitized equipment and utensils shall
be handled in a way that protects them from contamination. Spoons, knlvea,
and forks shall be touched only by their handles. Cups, glasses, bowls,
plates and similar items shall be handled without contact with inside surfaces
or surfaces that contact the user's mouth.
(2) Storage.
(A) Cleaned and sanitized utensils and equipment shall be
stored at least 8ix inches above the floor in a clean, dry location in a way
that protects them from contamination by splash, dust, and other means. The
food-contact surfaces of fixed equipment shall also be protected from
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Division of Food and Drugs
contamination. Equipment and utensils shall not be placed under exposed sewer
lines or water lines, except for automatic fire protection sprinkler heads
that may be required by law.
(B) Utensils shall be air dried before being stored or shall
be stored in a self-draining position.
(C) Glasses and cups shall be stored inverted. Other stored
utensils shall be covered or inverted, wherever practical. Facilities for the
storage of knives, forks, and spoons shall be designed and used to present the
handle to the employee or consumer. Unless tableware is prewrapped, holders
for knives, forks and spoons at self-service locations, shall protect these
articles from contamination and present the handle of the utensil to the
(D) If presetting is practiced, all unprotected, unused,
preset tableware shall be collected for washing and sanitizing after the meal
period; and after any place at a table or counter is occupied.
(3) Single-service Articles.
(A) Single-service articles shall be stored at least six
inches above the floor in closed cartons or containers which protect them from
contamination and shall not be placed under exposed sewer lines or water
lines, except for automatic fire protection sprinkler heads that may be
required by law.
(B) Single-service articles shall be handled and dispensed in
a manner that prevents contamination of surfaces which may come in contact
with food or with the mouth of the user.
(C) Single-service knives, forks, and spoons packaged in bulk
shall be inserted into holders or be wrapped by an employee who has washed his
hands immediately prior to sorting or wrapping the utensils. Unless single-
service knives, forks and spoons are prewrapped or prepackaged, holders shall
be provided to protect these items from contamination, and present the handle
of the utensil to the consumer.
(4) Prohibited Storage Area. The storage of food equipment,
utensils or single-service articles in toilet rooms or vestibules is
prohibited.
S229.167 Sanitary Facilities and Controls.
(a) Water Supply.
(1) General. Enough potable water for the needs of the food service
establishment shall be provided from a source constructed and operated
according to law.
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Division of Food and Drugs
(2) Transportation. All potable water not provided directly by
pipe to the food service establishment from the source Bhall be transported in
a bulk water transport system and shall be delivered to a closed-water Bystem.
Both of these systems shall be constructed and operated according to law.
(3) Bottled Water. Bottled and packaged potable water shall be
obtained from a source that complies with all laws and shall be handled and
stored in a way that protects it from contamination. Bottled and packaged
potable water shall be dispensed from the ~riginal container.
(4) Water Under Pressure. Water under pressure at the required
temperatures shall be provided to all fixtures and equipment that use water.
(5) Steam. Steam used in contact with food or food-contact
surfaces shall be free from any harmful materials or additives.
(b) Sewage. All sewage, including liquid waste, shall be disposed of by
a public sewerage system or by a sewage disposal system constructed and
operated according to law. Nonwater carried sewage disposal facilitias are
prohibited, except as permitted by S229.170 of this title (relating to
Temporary Food Service Establishments) or as permitted by the regulatory
authority in remote areas or because of special situations.
(c) Plumbing.
(i) General. Plumbing shall be sized, installed, and maintained
according to law. There shall be no cross-connection between the potable
water supply and any nonpotable or questionable water supply nor any source of
pollution through which the potable water supply might become contaminated.
(2) Nonpotable Water System. A nonpotable water system is
permitted only for purposes such as air-conditioning and fire protection and
only if the system is installed according to law and the nonpotable water does
not contact, directly or indirectly, food, potable water, equipment that
contacts food, or utensils. ;The piping of any nonpotable water system shall
be durably identified so that it is readily distinguishable from piping that
carries potable water.
(3) Backflow. The potable water system shall be installed to
preclude the possibility of backflow. Devices shall be installed to protect
against backflow and backsiphonage at all fixtures and equipment where an air
gap at least twice the diameter of the water supply inlet is not provided
between the water supply inlet and the fixture's flood level rim. A hose
shall not be attached to a faucet unless a backflow prevention device is
installed.
(4) Grease Traps. If used, grease traps shall be located to be
easily accessible for cleaning.
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Division of Food and Drugs
(5) Garbage Grinders. If used, garbage grinders shall be installed
and maintained according to law.
(6) Drains. Except for properly trapped open sinks, there shall be
no direct connection between the sewerage system and any drains originating
from equipment in which food, portable equipment, or utensils are placed.
When a dishwashing machine is located within five feet of a trapped floor
drain, the dishwasher waste outlet may be connected directly on the inlet side
of a properly vented floor drain trap if permitted by law.
(d) Toilet Facilities.
(1) Toilet Installation. Toilet facilities shall be installed
according to law, shall be the number required by law, shall be conveniently
located, and shall be accessible to employees at all times.
(2) Toilet Design. Toilets and urinals shall be designed to be
easily cleanable.
(3) Toilet Rooms. Toilet rooms shall be completely enclosed and
shall have tight-fitting, self-closing, solid doors, whlch shall be closed
except during cleaning or maintenance.
(4) Toilet Fixtures. Toilet fixtures shall be kept clean and in
good repair. A supply of toilet tissue shall be provided at each toilet at
all times. Easily cleanable receptacles shall be provided for waste
materials. Toilet rooms used by women shall have at least one covered waste
receptable.
(e) Lavatory Facilities.
(1) Lavatory Installation, Lavatories shall be at least the number
required by law, shall be inst~lled according to law, and shall be located to
permit convenient use by all employees in food preparation areas and utensil-
washing areas. Lavatories shall be accessible to employees at all times.
Lavatories shall also be located in or immediately adjacent to toilet rooms or
vestibules. Sinks used for food preparation or for washing equipment or
utensils shall not be used for handwashing.
(2) Lavatory Faucets. Each lavatory shall be provided with hot and
cold water tempered by means of a mixing valve or combination faucet. Any
self-closing, slow-closing, or metering faucet used shall be designed to
provide a flow of water for a least fifteen seconds without the need to
reactivate the faucet. Steam-mixing valves are prohibited.
(3) Lavatory Supplies. A supply of hand-cleansing soap or
detergent shall be available at each lavatory. A supply of sanitary towels or
a hand-drying device providing heated air shall be conveniently located near
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each lavatory. Common towels are prohibited. If disposable towels are used,
easily cleanable waste receptacles shall be conveniently located near the
handwashing facilities.
(4) Lavatory Maintenance. Lavatories, soap dispensers, hand-drying
devices and all related fixtures Bhall be kept clean and in good repair.
(f) Garbage and Refuse.
(1) Containers.
(A) Garbage and refuse shall be kept in durable, easily
cleanable, insect-proof and rodent-proof containers that do not leak and do
not absorb liquids. Plastic bags and wet-strength paper bags may be used to
line these containers, and they may be used for storage inside the food
service establishment.
(B) Containers used in food preparation and utensil-washing
areas shall be kept covered after they are filled.
(C) Containers stored outside the establishment, and
dumpsters, compactors and compactor systems shall be easily cleanable, shall
be provided with tight-fitting lids, doors or covers, and shall be kept
covered when not in actual use. In containers designed with drains, drain
plugs shall be in place at all times, except during cleaning.
(D) There shall be a sufficient number of containers to hold
all the garbage and refuse that accumulates.
(E) Soiled containers shall be cleaned at a frequency to
prevent insect and rodent attraction. Each container shall be thoroughly
cleaned on the inside and outside in a way that does not contaminate food,
equipment, utensils, or food preparation areas. Suitable facilities,
including hot water and detergent or steam, shall be provided and used for
washing containers. Liquid waste from compacting or cleaning operations shall
be disposed of as sewage.
(2) Storage.
(A) Garbage and refuse on the premises shall be stored in a
manner to make it inaccessible to insects and rodents. Outside storage of
unprotected plastic bags or wet-strength paper bags or baled units containing
garbage or refuse is prohibited. Cardboard or other packaging material not
containing garbage or food wastes need not be stored in covered containers.
(B) Garbage or refuse storage rooms, if used, shall be
constructed of easily cleanable, nonabsorbent, washable materials, shall be
kept clean, shall be insect-proof and rodent-proof and shall be large enough to
store the garbage and refuse containers that accumulate.
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Division of Food and Drugs
(C) Outside storage areas or enclosures shall be large enough
to store the garbage and refuse containers that accumulate and shall be kept
clean. Garbage and refuse containers, dumpsters and compactor systems located
outside shall be stored on or above a smooth surface of nonabsorbent material,
such as concrete or machine-laid asphalt, that is kept clean and maintained in
good repair.
(3) Disposal.
(A) Garbage and refuse shall be disposed of often enough, to
prevent the development of odor and the attraction of insects and rodents.
(B) Where garbage or refuse is burned on the premises, it
shall be done by controlled incineratlon that prevents the escape of
particulate matter in accordance with law. Areas around incineratlon
facilities shall be kept clean and orderly.
(g) Insect and Rodent Control.
(1) General. Effective measures intended to minimize the presence
of rodents, flies, cockroaches, and other insects on the premises shall be
utilized. The premises shall be kept in such condition as to prevent the
harborage or feeding of insects or rodents.
(2) Openings. Openings to the outside shall be effectively
protected against the entrance of rodents. Outside openings shall be
protected against the entrance of insects by tight-fitting, self-closing
doors, closed windows, screening, controlled air currents, or other means.
Screen doors shall be self-closing, and screens for windows, doors, skylights,
transoms, intake and exhaust air ducts, and other openings to the outside shall
be tight-fitting and free of breaks. Screening material shall not be less than
sixteen(16) mesh to the inch.
~229.168. Construction and Maintenance of Physical Facilities.
(a) Floors.
(i) Floor Construction. Floors and floor coverings of all food
preparation, food storage, and utensil-washing areas, and the floors of all
walk-in refrigerating units, dressing rooms, locker rooms, toilet rooms and
vestibules shall be constructed of smooth durable material such as sealed
concrete, terrazzo, ceramic tile, durable grades of linoleum or plastic, or
tight wood impregnated with plastic, and shall be maintained in good repair.
Nothing in this rule shall prohibit the use of antislip floor covering in areas
where necessary for safety reasons.
(2) Floor Carpeting. Carpeting, if used as a floor covering, shall
be of closely woven construction, properly installed, easily cleanable, and
maintained in good repair. Carpsting is prohibited in food preparation,
equipment-washing and utensil-washing areas where it would be exposed to large
amounts of grease and water, in food storage areas, and toilet room areas
where urinals or toilet fixtures are located.
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Division of Food and Drugs
(3) Prohibited Floor Covering. The use of sawdust, wood shavings,
peanut hulls, or similar material as a floor covering is prohibited.
(4) Floor Drains. Properly installed, trapped floor drains shall
be provided in floors that are water flushed for cleaning or that receive
discharges of water or other fluid waste from equipment, or in areas where
pressure spray methods for cleaning equipment are used. Such floors shall be
constructed only of sealed concrete, terrazzo, ceramic tile or similar
materials, and shall be graded to drain.
(5) Mats and Duckboards. Mats and duckboards shall be of
nonabsorbent, grease resistant materials and of such size, design, and
construction as to facilitate their being easily cleaned. Duckboards shall
not be used as storage racks.
(6) Floor Junctures. In all new or extensively remodeled
establishments utilizing concrete, terrazzo, ceramic tile or similar flooring
materials, and where water flush cleaning methods are used, the junctures
between walls and floors shall be coved and sealed. In all other cases, the
juncture between walls and floors shall not present an open seam of more than
1/32 inch.
(7) Utility Line Installation. Exposed utility service lines and
pipes shall be installed in a way that does not obstruct or prevent cleaning
of the floor. In all new or extensively remodeled establishments,
installation of exposed horizontal utility lines and pipes on the floor is
prohibited.
(b) Walls and Ceilings.
(1) Maintenance. Walls and ceilings, including doors, windows,
skylights, and similar closures, shall be maintained in good repair.
(2) Construction. The walls, including nonsupporting partitions,
wail coverings, and ceilings 9f walk-in refrigerating units, food preparation
areas, food storage areas, equipment-washing and utensil-washing areas, toilet
rooms and vestibules shall be light-colored, smooth, nonabsorbent, and easily
cleanable. Concrete or pumice blocks used for interio~ wall construction in
these locations shall be finished and sealed to provide an easily cleanable
surface.
(3) Exposed Construction. Studs, joists, and rafters shall not be
exposed in those areas listed in paragraph (2) of this aubsectlon. If
exposed in other rooms or areas, they shall be finished to provide an easily
cleanable surface.
(4) Utility Line Installation. Exposed utility service lines and
pipes shall be installed in a way that does not obstruct or prevent cleaning
mI ·
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Division of Food and Drugs
of the walls and ceilings. Utility service lines and pipes shall not be
unnecessarily exposed on walls or ceilings in those areas listed in paragraph
(2) of subsection (b) of this rule.
(5) Attachments. Light fixtures, vent covers, wall-mounted fans,
decorative materials, and similar equipment attached to walls and ceilings
shall be easily cleanable and shall be maintained in good repair.
(6) Covering Material Installation. Wall and ceiling cove~ing
materials shall be attached and sealed so as to be easily cleanable.
(c) Cleaning Physical Facilities.
(i) General. Cleaning of floors and walls, except emergency
cleaning of floors, shall be done during periods when the least amount of food
is exposed, such as after closing or between meals. Floor, mats, duckboards,
walls, ceilings, and attached equipment and decorative materials shall be kept
clean. Only dustless methods of cleaning floors and walls shall be used, such
as vacuum cleaning, wet cleaning, or the use of dust-arresting sweeping
compounds with brooms.
(2) Utility Facility. In new or extensively remodeled
establishments at least one utility sink or curbed cleaning facility with a
floor drain shall be provided and used for the cleaning of mops or similar wet
floor cleaning tools and for the disposal of mop water or similar liquid
wastes. The use of lavatories, utensil-washing or equipment-washing, or food
preparation sinks for this purpose is prohibited.
(d) Lighting.
(1) General. At least fifty(50) foot candles of light shall be
provided to all working surfaces and at least thirty(30) foot candles of light
shall be provided to all other surfaces and equipment in food preparation,
utensil-washing, and handwalshing areas, and in toilet rooms. At least
twenty(20) foot candles of light at a distance of thirty(30) inchea from the
floor shall be provided in a~ll other areas, except that this requirement
applies to dining areas only during cleaning operations.
(2) Protective Shielding.
(A) Shielding to protect against broken glass falling onto
food shall be provided for all artificial lighting fixtures located over, by,
or within food storage, preparation, service, and display facilities, and
facilities where utensils and equipment are cleaned and stored.
(B) Infra-red or other heat lamps shall be protected against
breakage by a shield surrounding and extending beyond the bulb, leaving only
the face of the bulb exposed.
(e) Ventilation.
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Division of Food and Drugs
(1) General. All rooms shall have sufficient ventilation to keep
them free of excessive heat, steam, condensation, vapors, obnoxious'odors,
smoke and fumes. Ventilation systems shall be installed and operated
according to law and, when vented to the outside, sha~l not create an
unsightly, harmful or unlawful discharge.
(2) Special Ventilation.
(A) Intake and exhaust air ducts shall be maintained to
prevent the entrance of dust, dirt, and other contaminating materials.
(B) In new or extensively remodeled establiahments, all rooms
from which obnoxious odors, vapors or fumes originate shall be mechanically
vented to the outside.
(f) Dressing Rooms and Locker Areas.
(1) Dressing Rooms and Areas. If employees routinely change
clothes within the establishment, rooms or areas shall be designated and used
for that purpose. These designated rooms or areas shall not be used for food
preparation, storage or service, or for utensil-washing or storage.
(2) Locker Area. Enough lockers or other suitable facilities shall
be provided and used for the orderly storage of employee clothing and other
belongings. Lockers or other suitable facilities may be located only in the
designated dressing rooms or in food storage rooms or areas containing only
completely packaged food or package single-service articles.
(g) Poisonous or Toxic Materials.
(1) Materials Permitted. Only those poisonous or toxic materials
necessary for the maintenance of the establishment, the cleaning and
sanitization of equipment and utensils, and the control of insects and rodents
shall be present in food service establishments.
(2) Labeling of Materials. Containers of poisonous or toxic
materials shall be prominently and distinctly labeled according to law for
easy identification of contents.
(3) Storage of Materials.
(A) Poisonous or toxic materials conajar of the following
three(3) categories:
(i) Insecticides and rodenticides;
(ii) Detergents, aanitizers, and related cleaning or
drying agents;
(ill) Caustics, acids, polishes, and other chemicals.
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Division of Food and Drugs
(B) Each of these categories shall be stored and located to be
physically separated from each other. All poisonous or toxic materials shall
be stored in cabinets or in similar physically separated compartments or
facilities used for no other purpose. To preclude potential contamination,
poisonous or toxic materials shall not be stored above food, food equipment,
utensils or single-service articles, except that this requirement does not
prohibit the convenient availability of detergent or sanitizers at utensil or
dishwashing stations.
(4) Use of Materials.
(A) Bactericides, cleaning compounds or other compounds
intended for use on food-contact surfaces shall not be used in a way that
leaves a toxic residue on such surfaces, nor in a way that constitutes a
hazard to employees or other persons.
(B) Poisonous or toxic materials shall not be used in a way
that contaminates food, equipment, or utensils, nor in a way that constitutes
a hazard to employees or other persons, nor in a way other than in full
compliance with the manufacturer's labeling.
(5) Personal Medications. Personal medications shall not be stored
in food storage, preparation or service areas.
(6) First Aid Supplies. First aid supplies shall be stored in e
way that prevents them from contaminating food and food-contact surfaces.
(h) Premises.
(1) General.
(A) Food service establishments and all parts of the property
used in connection with operations of the establishments shall be kept free of
litter. ,
(B) The walking and driving surfaces of all exterior area. of
food service establishments shall be surfaced with concrete or asphalt, or
with gravel or similar material effectively treated to facilitate maintenance
and minimize dust. These'surfaces shall be graded to prevent pooling and kept
free of litter.
(C) Only articles necessary for the operation and maintenance
of the food service establishment shall be stored on the premises.
(D) The traffic of unnecessary persons through the food
preparation and utensil-washing areas is prohibited.
(2) Living Areas. No operation of a food service establishment
shall be conducted in any room used as living or sleeping quarters. Food
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Division of Food and Drugs
service operations shall be separated from any living or sleeping quarters by
complete partitioning and solid, self-closing doors.
(3) Laundry Facilities.
(A) Laundry facilities in a food service establishment shall
be restricted to the washing and drying .of linens, cloths, uniforms and, aprons
necessary to the operation. If such items are laundered on the premises, an
electric, gas, or steam dryer shall be provided and used.
(B) Separate rooms shall be provided for laundry facilities
except that such operations may be conducted in storage rooms containing only
packaged foods or packaged single-service articles.
(4) Linens and Clothes Storage.
(A) Clean clothes and linens shall be stored in a clean place
and protected from contamination until used.
(B) Soiled clothes and linens shall be stored in nonabsorbent
containers or washable laundry bags until removed for laundering.
(5) Cleaning Equipment Storage. Maintenance and cleaning tools
such as brooms, mops, vacuum cleaners and similar equipment shall be
maintained and stored in a way that does not contaminate food, utensils,
equipment, or linens and shall be stored in an orderly manner to facilitate
the cleaning of that storage location.
(6) Animals. Live animals, including birds, and turtles, shall be
excluded from within the food service operational premises and from
immediately adjacent areas under the control of the food service
establishment. This exclusion does not apply to edible fish, crustaces, shell
fish, or to fish in aquariums~ Patrol dogs accompanying security or police
officers, or guide dogs acco.~panying blind persons shall be permitted in
dining areas.
S229.I69. Mobile Food Units.
(a) Mobile Food Service.
(1) General. Mobile food units shall comply with the requirements
of these rules, 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 service establishment as a mobile operation, may prohlh[t
the sale of some or all potentially hazardous food, and when no health hazard
will result, may waive or modify requirements of this rule relating to
physical facilities, except lhose requirements in this rule of paragraphs (4)
and (5) of this subsection; subsectlon (b)(1) of this section; and subsectlon
(c)([) and (2) of this section.
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(2) Restricted Operation. Mobile food units that serve only food
that is prepared, packaged in individual servings, transported and stored
under conditions meeting the requirements of these sections, or beverages that
are not potentially hazardous and are dispensed from covered urns or other
protected equipment, need not comply with requirements of these rules
pertaining to the necessity of water and sewage systems nor to those
requirements pertaining to the cleaning and sanitizatlon of equipment and
utensils if the required equipment for cleaning and sanitization exists at its
commissary.
(3) Single-service Articles. Mobile food units shall provide only
single-service articles for use by the consumer.
(4) Water System. A mobile food unit requiring a water system
shall have a potable water system under pressure. The system shall be of
sufficient capacity to furnish enough hot and cold water for food preparation,
utensil cleaning and sanitizing, and handwashing, in accordance with the
requirements of these rules. The water inlet shall be located in such a
position that it will not be contaminated by waste discharge, road dust, oil
or grease, and it shall be kept capped when not being filled. The water inlet
shall be provided with a transition connection of a size or type that will
prevent its use for any other service. All water distribution pipes or tubing
shall be constructed and installed in accordance with the requirements of
these rules.
(5) Waste Retention. If liquid waste results from operation of a
mobile food unit, the waste shall be stored in a permanently installed
retention tank that is of at least 15 percent larger capaciity than the water
supply tank. Liquid waste shall not be discharged from the retention tank
when the mobile food unit is in motion. All connections on the vehicle for
servicing mobile food unit waste disposal facilities shall be of a different
size or type than those used for supplying potable water to the mobile food
unit. The waste connection shall be located lower than the water inlet
connection to preclude contamination of the potable water system.
(b) Commissary; Base of Operations.
(i) Mobile food units shall operate from a commissary or other
fixed food service establishment and shall report at least daily to such
location for all supplies and for all cleaning and servicing operations.
(2) The commissary or other fixed food service establishment, used
as a base of operation for mobile food units, shall be constructed and
operated in compliance with the requirements of these rules.
(c) Servicing Area and Operations.
(1) Servicing Area.
(A) A mobile food unit servicing area shall be provided and
shall include at least overhead protection for any supplying, cleaning, or
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servicing operation. Within this servicing area, there shall be a location
provided for the flushing and drainage of liquid wastes separate from the
location provided for water servicing and for the loading and unloading of
food and related supplies. This servicing area will not be required where
only packaged food is placed on the mobile food unit or where mobile food
units do not contain waste retention tanks.
(B) The surface of the.servicing area shsll 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.
(C) The construction of the walls and ceilings of the
servicing area is exempted from the provisions of ~229.168 of this title
(relating to Construction and Maintenance of Physical Facilities).
(2) Servicing Operations.
(A) Potable water servicing equipment shall be installed
according to law and shall be stored and handled in a way that protects the
water and equipment from contamination.
(B) The mobile food unit liquid waste retention tank, where
used, shall be thoroughly flushed and drained during the servicing operation.
Al~ liquid waste shall be discharged to a sanitary sewerage disposal system in
accordance with §229.167 (b) of this title (relating to Sanitary Facilities
and Controls).
§229.170. Temporary Food Service Establishments.
(a) General. A temporary food service establishment shall comply with
the requirements of these rules except as otherwise provided in this rule.
The regulatory authority may impose additional requirements to protect against
health hazards related to 'the conduct of the temporary food Bervice
establishment, may prohibit the sale of some or all potentially hazardous
foods, and when no health hazard will result, may waive or modify requirements
of these rules.
(b) Restricted Operations.
(1) These provisions are applicable whenever a temporary food
service establishment is permitted, under the provisions of subsection (a) of
this section, to operate without complying with all the requirements of this
rule.
(2) Only those potentially hazardous foods requiring limited
preparation, such as hamburgers and frankfurters that only require seasoning
and cooking, shall be prepared or served. The preparation or service of other
potentially hazardous foods, including pastries filled with cream or synthetic
cream, custards, and similar products, and salads or sandwiches containing
meat, poultry, eggs or fish is prohibited. This prohibition does not apply,
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Division of Food and Drugs
however, to any potentially hazardous food that has been prepared and packaged
under conditions meeting the requirements of these rules, is obtained in
individual servings, is stored at a temperature of 45°F.(7°C.) or below, or at
a temperature of 140°F.(60°C.) or above, in facilities that meet the
requirements of these rules, and is served directly in the unopened container
in which it was packaged.
(c) Ice. Ice that is consumed or that contacts food shall have been
made under conditions meeting the requirements of these rules. The ice shall
be obtained only in chipped, crushed, ~r cubed form and in slngle-us~ safe
plastic or wet-strength paper bags filled and sealed at the point of
manufacture. The ice shall be held in these bags until it is dispensed in a
way that protects it from contamination.
(d) Equipment.
(1) Equipment shall b~ located and installed in a way that prevents
food contamination and that also facilitates cleaning the establishment.
(2) Food-contact surfaces of equipment shall be protected from
contamination by consumers and other contaminating agents. Where helpful to
prevent contamination, effective shields for such equipment shall be provided.
(e) Single-service Articles. All temporary food service establishments
which do not have effective facilities for cleaning and sanitizing tableware
shall provide only single-service articles for use by the conMumer.
(f) Water. Enough potable water shall be available in the establishment
for food preparation, for cleaning and sanitizing utensils and equipment, and
for handwashing. A heating facility located on the premises and capable of
producing enough hot water for these purposes shall be provided.
(g) Wet Storage. The storage of packaged food in contact with water or
undrained ice is prohibited. Wrapped sandwiches shall not be stored in direct
contact with ice.
(h) Waste. All sewage, fnclud{ng liquid waste, shall be disposed of
according to law.
(i) Handwashlng. A convenient handwashing facility shall be available
for employee handwashing. This facility shall consist of at least warm
running water, soap, and individual paper towels.
(j) Floors. Floors shall be constructed of concrete, asphalt, tight
wood, or other similar cleanable material kept in good repair. Dirt or
gravel, when graded to drain, may be used as subflooring when covered with
clean, removable platforms or duckboards, or covered w~th wood chips, shavings
or other suitable materials effectively treated to control dust.
Texas Department of Health Page 33 of ~
Division of Food and Drugs
(k) Walls and Ceilings of Food Preparation Areas.
(1) Ceilings shall be made of wood, canvas, or other materials that
protect the interior of the establishment from the weather. Walls and
ceilings of food preparation areas shall be constructed in a way that prevents
the entrance of insects. Doors to food preparation areas shall be solid or
screened and shall be self-closing. Screening material used for walls, doors,
or windows shall be at least sixteen(16) mesh to the inch.
(2) Counter-service openinKs shall not be larger than is necessary
for the particular operation conducted. These openings shall be provided with
tight-fitting solid or screened doors or windows or shall be provided with
fans installed and operated to restrict the entrance of flying insects.
Counter-service openings shall be kept closed, except when in actual use.
~229.171. Inspection and Enforcement.
(a) Access. Agents of the regulatory authority, after proper
identification, shall be permitted to enter any food service establishment at
any reasonable time, for the purpose of making inspections to determine
compliance with these rules. The agents shall be permitted to examine the
records of the establishments to obtain information pertaining to food and
supplies purchased, received, or used, or to persons employed.
(b) Report of Inspections. Whenever an inspection is made of a food
service establishment, the findings shall be recorded on the inspection report
form referred to in subsection (f) of this section. The original of the
inspection report form shall be furnished to the owner or person in charge at
the completion of the inspection and constitutes a written notice. The
inspection report form shall summarize the requirements of these rules, and
shall set forth a weighted point value for each requirement. The rating score
of the establishment shall be the total of the weighted point value for all
violations, subtracted from,one hundred(100). The completed inspection report
form is a public document that shall be made available for public disclosure
to any person who requests it according to law.
(c) Correction of Violations. The inspection report form shall specify
a reasonable period of time for the correction of the violations found, and
correction of the violations shall be accomplished within the period
specified, in accordance with the following provisions:
(1) If an imminent health hazard exists, such as complete lack of
sanitization, refrigeration, or sewage backup into the establishment. the
establishment shall immediately cease food service operations. Operations
shall not be resumed until authorized by the regulatory authority.
(2) All violations of 4- or 5-point weighted items shall be
corrected within a time specified by the health authority, but in any event,
not to exceed ten(10) days.
Texas Department of Health Page 34 of 35
Division of Food and Drugs
(3) All 1- or 2-point weighted items shall be corrected as soon as
possible, but in any event, by the time of the next routine inspection.
(4) When rating score of the establishment is less than sixty(60),
the establishment shall initiate corrective action on all identified
violations within forty-eight(48) hours. One or more reinspections shall be
conducted at reasonable time intervals to assure correction.
(5) In the case of temporary food service establishments, all
violations shall be corrected within twenty-four(24) hours. If violations are
not corrected within twenty-four(24) hours, the establishment shall
immediately cease food service operations until authorized to resume by the
regulatory authority.
(d) Examination and Condemnation of Food. The regulatory authority may
examine and collect samples of food as often as necessary for the enforcement
of these rules. The regulator~ authority 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 Civil Statutes, Article 4476-5, S21, paragraph (2),
section (6).
(e) Procedure When Infection is Suspected. When the regulatory
authority has reasonable cause to suspect the possibility of disease
transmission from any food service establishment employee, it may secure a
morbidity history of the suspected employee or make any other investigation as
may be indicated and shall take appropriate action. The regulatory authority
may require any or all of the following measures:
(1) The immediate exclusion of the employee from all food service
establishments;
(2) The immediate closing of the food service establishment
concerned until, in the opinion'of the regulatory authority, no further danger
of disease outbreak exists;
(3) Restriction of the employee's services to some area of the
establishment where there would be no danger of transmitting disease;
(4) Adequate medical and laboratory examination of the employee, of
other employees and of his and their body diBcharges.
(f) Inspection Report Formj The Department adopts by reference the
Department Form entitled, "Food Service Establishment Inspection Report",
described in subsection (b) of this section and available in the Depsrtment's
Food and Drug Division Office, 1100 Weet 49th Street, Austin, Texas, 79756.
TEXAS DEPARTMENTOFHEALTH Page 35 of 35
Division of Food and Drugs
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