HomeMy WebLinkAboutO-1991-1743
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ORDINANCE NO. 1743
AN ORDINANCE OF THE CITY OF LA PORTE, PROVIDING FOR THE SALE OF
ONLY SOUND, PROPERLY LABELED FOOD; ESTABLISHING SANITATION
STANDARDS FOR FOOD PROTECTION AND SERVICE; ADOPTING BY REFERENCE
TEXAS DEPARTMENT OF HEALTH "RULES ON FOOD SERVICE SANITATION" AND
"RULES ON RETAIL STORE SANITATION," AND THE "RULES ON FOOD SERVICE
SANITATION FOR HARRIS COUNTY, TEXAS"; REQUIRING PERMITS FOR THE
OPERATION OF FOOD ESTABLISHMENTS; DESIGNATING THE DIRECTOR OF THE
HARRIS COUNTY HEALTH DEPARTMENT AS THE HEALTH AUTHORITY; REQUIRING
FOOD SERVICE MANAGER CERTIFICATION IN FOOD SANITATION; AND
PROVIDING REMEDIES AND PENALTIES FOR VIOLATIONS OF THE ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. DESIGNATION OF HEALTH AUTHORITY
The City of La Porte designates the Director of the Harris
County Health Department as its health authority for the purpose
of food establishment surveillance for the public health protection
of its residents.
Harris County Health Department shall be responsible for
enforcement of the City'S food permit ordinance and shall provide
a semi-annual report to the City'S Health Officer which documents
violations of heal th ordinances, and food establishment
surveillance program activities within the City of La Porte.
Section 2. STATE AND COUNTY REGULATIONS ADOPTED
(A) There is hereby adopted by reference, the Texas
Department of Health, Division of Food and Drugs "Rules on Food
Service Sanitation 301.73.11.001-.011" and the "Rules on Retail
Food Store Sanitation" 229.231-239; "The Texas Food, Drug and
Cosmetic Act" (Article 4476-5 Vernon's civil Statutes); "Texas
Sanitation and Health Protection Law: (V.C.S. Article 4477-1); and
the "Rules on Food Service Sanitation for Harris County, Texas."
(B) A certified copy of each of the above referenced sets of
rules shall be kept on file in the office of the City Secretary.
Section 3. DEFINITIONS
All definitions in "Rules on Food Service Sanitation", "Rules
on Retail Food Store Sanitation", and "Rules on Food Service
Sanitation for Harris County, Texas" are hereby adopted. In
addition, the following definitions shall apply to this ordinance.
(A) Regulatory Authority - means representatives of the
Harris County Health Department.
(B) Health Department - means the Harris County Health
Department.
(C) City Health Officer - means the representative of the
City of La Porte.
(D) Service of Notice - means the delivery of a notice,
prepared by the Harris County Health Department, to the holder of
the permi t or the person in charge, or lwhe{l it is sent by
registered or certified mail, return receipt requested, to the last
known address of the holder of the permit.
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Ordinance No. 1743, Page 2
(E) Owner of Business - shall mean the owner or operator of
the business.
(F) Food Establishment - means each place where food or drink
is manufactured, packaged, produced, processed, transported,
stored, sold, commercially prepared, or otherwise handled, whether
offered for sale, given in exchange or given away for use as food
or furnished for human consumption. The term does not apply to
private homes where food is prepared or served for guest and
individual family consumption. The term does not apply to a place
where a commercially packaged single portion of non-potentially
hazardous snack items and wrapped candy are sold over the counter.
(G) Childcare Facility - means a facility keeping more than
twelve (12) unrelated children that provides care, training,
education, custody or supervision for children under fifteen (15)
years of age, who are not related by blood, marriage or adoption
to the owner or operator of the facility, for all or part of the
day, whether or not the facility is operated for profit or charges
for the services it'offers.
section 4. FOOD PERMITS
(A) Requirement - It shall be unlawful for any person to
operate a food establishment in the city, unless he possesses a
current and valid health permit issued by the Harris County Health
Department.
(B) Posting - A valid permit shall be posted in public view
in a conspicuous place at the food establishment for which it is
issued.
(C) Non-transference (Change of ownership) - Permits issued
under the provisions of this article are not transferable. Upon
change of ownership of a business the new business owner will be
required to meet current standards as defined in city ordinances
and state law before a permit will be issued.
(D) Denial, Suspension or Revocation of Permits - The Harris
County Health Department may deny, suspend or revoke any permit to
operate a food service establishment, retail food store, temporary
food establishment, mobile food unit or roadside food vendor if the
holder of the permit does not comply with these rules and
regulations or if the operation of the establishment otherwise
constitutes a substantial hazard to public health. A permit can
be suspended only after notice and an opportunity for a hearing as
described in Subsection 4(e) have been given. This notice must
list specific violations of rules and regulations and a period of
time in which violations are to be corrected. Failure to correct
violations as listed on the notice will be grounds for denial,
suspension or revocation of a permit. If a permit is then denied,
suspended, or revoked, the holder of the permi t has three (3 )
working days to request a hearing. This request must be in writing
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Ordinance No. 1743, Page 3
and delivered to the Harris County Health Department. A hearing
must be held within seven (7) working days of the request. If no
request for hearing is made within the time limits, the denial,
suspension or revocation is sustained.
(E) Hearings - The hearings provided for in these rules shall
be conducted by the Harris County Health Department at a time and
place designated by it. Based upon the recorded evidence of such
hearings, the Harris County Health Department shall make a final
finding, 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, license,
or certificate by the Harris County Health Department.
(F) Application after Revocation - Whenever a revocation of
a permit has become final pursuant to the determination of the
Director of the Harris County Health Department, the holder of the
revoked permit may make written application for a new permit to
the Health Department.
(G) Permit Fees - A health permit fee as established by the
Commissioners Court in unincorporated areas of the county is
required annually for each food establishment. Fees are due and
payable on or before one (1) year from date of issuance of the
permit and are to be paid to the Harris County Health Department
at 2501 Dunstan, Houston, Texas.
section 5. REVIEW OF PLANS
(A) Submission of Plans - Whenever a food establishment is
constructed or extensively remodeled and whenever an existing
structure is converted to use as a food establishment, properly
prepared plans and specifications for such construction,
remodeling, or conversion shall be submitted to the Harris County
Health Department for review and approval before construction,
remodeling or conversion is begun. The plans and specifications
shall indicate the proposed layout, arrangement, mechanical plans,
and construction materials of work areas, and the type and model
of proposed fixed equipment and facilities. The Harris County
Health Department shall approve the plans and specifications if
they meet the requirements of these rules. No food establishment
shall be constructed, extensively remodeled, or converted except
in accordance with plans and specifications approved by the Harris
County Health Department.
(B) Pre-Operational Inspection - The Harris County Health
Department shall inspect any food establishment prior to its
beginning operation to determine compliance with approved plans and
specifications and with the requirements of these rules.
section 6. FOOD MANAGER CERTIFICATION
(A) Requirement - Every permitted food establishment except
establishments dealing only in: fresh produce, non-potentially
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Ordinance 1743, Page 4
hazardous food, and/or prepackaged potentially hazardous food,
shall have a person employed in a managerial capacity possessing
a current food manager's certificate issued by the Harris County
Health Department. A certified manager or person in charge must
be on duty during all hours of operation of any non-exempt food
service establishment employing six (6) or more employees per eight
(8) hour shift.
Upon written application and presentation of evidence of
satisfactory completion of a food manager's course, equivalent
training, or examination as approved by the Director of Public
Health, the Harris County Health Department shall issue a food
manager's certificate valid for three (3) years from the date of
completion of training or evaluation unless sooner revoked.
Suspension or revocation of an establishment's health permit by the
Harris County Health Department shall constitute cause for
revocation of that establishment's imanager's certification.
Whenever the food service operator holding the certificate
terminates employment, is terminated, or is transferred to another
food establishment, the person owning, operating or managing the
food establishment shall be allowed sixty (60) days (from the date
of such termination or transfer of the certificate holder) to
comply with this section.
(B) Exemptions from Certificate Requirement - Temporary food
establishments and persons participating as volunteer food handlers
performing charitable activities for period of fourteen (14) days
or less may be exempted from the requirement for manager's
certificate.
Section 7. FINE FOR VIOLATIONS
Any person who violates a provision of this ordinance, upon
conviction in the municipal court of the City of La Porte, shall
be subject to a fine not to exceed two hundred dollars ($200.00)
for each offense, and each and every day such violation continues
shall constitute a separate offense.
section 8. SAVINGS CLAUSE
Each and every provision, paragraph, sentence and clause of
this Ordinance has been separately considered and passed by the
City Council of the City of La Porte, Texas, and each said
provision would have been separately passed without any other
prov1s10n, and if any provision hereof shall be ineffective,
invalid or unconstitutional, for aniY cause, it shall not impair
or affect the remaining portion, or any part thereof, but the valid
portion shall be in force just as if it had been passed separately.
Section 9. REPEALING CLAUSE
All ordinances or parts of ordinances inconsistent with the
terms of this ordinance are hereby repealedi provided, however,
that such repeal shall be only to the extent of such inconsistency
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Ordinance 1743, Page 5
and in all other respects this ordinance shall be cumulative of
other ordinances regulating and governing the subject matter
covered by this ordinance.
section 10. OPEN MEETINGS LAW
The city council officially finds, determines, recites and
declares that a sufficient written notice of the date, hour, place
and subject of this meeting of the city Council was posted at a
place convenient to the public at the City Hall of the City for the
time required by law preceding his meeting, as required by the Open
Meetings Law, Article 6252-17, Texas Revised civil Statutes
Annotated; and that this meeting has been open to the public as
required by law at all times during which this Ordinance and the
subject matter thereof has been discussed, considered and formally
acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
section 11. EFFECTIVE DATE
This Ordinance shall be in effect immediately upon its passage
and approval.
PASSED AND APPROVED this the 22nd day of ADril
1991.
CITY OF LA PORTE
4::~~or
ATTEST:
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Cherie Black, City Secretary
APPROVED:
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Knox W. ASkins, City Attorney
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RULES ON FOOD SERVICE SANITATION
Texas Department of Health
Division of Food and Drugs
Austin, Texas
Stock No. 1-2
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1229.161 - "1229.171 ROLES OR FOOD SEBVICE SARITATIOR
(Adopted by the Texas Board of Health 11-30-77)
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R.ULES OR FOOD SERVICE SAHITATIOR
TABLE OF CORTERTS
PAGE
S229.l6l Purpose--------------------------------------------------------- 1
S229.l62 Definitions----------------------------------------------------- 1
S229.l63
Food
(a)
(b)
(c)
(d)
(e)
(f)
Care------------------------------------------------------- 3
Food Supplies---------------------------------------------- 3
Food Protection--------------------------~----------------- 4
Food Storage----------------------------------------------- 4
Food Preparation------------------------------------------- 6
Food Display and Service----------------------------------- 7
Food Transportation---------------------------------------- 9
S229.l64 Personnel------------------------------------------------------- 9
(a) Employee Health-------------------------------------------- 9
(b) Personal Cleanliness---------------------------------------l0
(c) Clothing----------------------------~----------------------10
(d) Employee Practices-----------------------------------------IO
S229.165 Equipment" and Utensils--------------------------------------~---10
(a) Materials--------------------------------------------------10
(b) Design' and Fabrication-------------------------------------ll
(c) Equipment Installation and Location------------------------13
~229.166 Cleaning, Sanitization and Storage of Equipment and Utensils----14
(a) Equipment and Utensil Cleaning and Sanitization------------l~,
(b) Equipment and Utensil Storage------------------------------19
S229.167 Sanitary Facilities and Controls--------------------------------20
(a) Water Supply-----------------------------------------------20
(b) Sewage-----------------------------------------------------21
(c) Plumbing---~-----------------------------------------------21
(d) Toilet Facilities------------------------------------------22
(e) Lavatory Facilities----------------------------------------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---------------------------------------------------28
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1229.169 Mobile Food Units-----------------------------------------------~
(a) Mobile Food Service----------------------------------------29
(b) Commissary---------------------------------------~---------30
(c) Servicing Area and Operations-------------------~----------31
1229.170 Temporary Food Service Establishments---------------------------31
(a) Genera~----------------------------------------------------31
(b) RestrictedOperations--------------------------------------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 Prepar'ation Areas---------------33
1229.171 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
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RULES ON FOOD SERVICE SANITATION
SS229.l6l - 229.171
S229.l6l Purpose. The function 'of these sections is to 'protect the public
health by establishing uniform requirements for food service operations.
S229.162 Definitions. The following words and terms, when 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 use 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)
which food is
not include a
operation.
Food processing establishment - commercial establishment in
manufactured or packaged for human consumption., The term does
food service establishment, retail food store, or commissary
(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 consumption is on or off the premises and regardless of whether
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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, re~ail 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 commercial
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 - bottled, ~anned, 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, :1n a form
capable of supporting rapid and progressive growth of infectious or toxigenic
microorganisms. The term does not include clean, whole, uncracked, odor-free
shell eggs or ~oods 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 tnat
may not reasonably be expected to result, directly or indirectly, in their
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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 F~dera1 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.
Sanitization - 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 o~enings that permit the entry or
passage of moisture.
Single-service articles - cups, containers, lids, ~losures, plates,
knives, forks, spoons, stirrers, paddles, straws, napkins, wrapping materials,
toothpicks and similar articles intended for o~e-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.
S229.163 Food Care.
(a) Food Supplies.
(1) ~eneral. 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 shan be made from pasteurized milk and milk
products.
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(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 i~ which they were received
until they are used. Each container ~f unshucked shell stock (oysters, clams"
or musse~s) 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 foreign
shellfish control agency.
(c) 'Only clean whole eggs, with' shell intact and without cracks
or checks or pasteurized liquid, frozen, or dry eggs or pasteurized dry egg
products shall be used, except that hard boiled, peeled eggs, commerci~lly
prepared and packaged, may be used;
(b) Food Protection.
(1) General. At all times, including while being stored, prepared,
displayed, servedi 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 450F.(70C.) or below or
140oF.(60oC.) 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
napki~s 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 c~ean sanitized hooks if no
food product is stored beneath the meat.
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(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,
packaged in cans, glass or other 'waterproof containers need
when the food container is not exposed to floor moist~re; and
and cased food
not be elevated
(ii) , Containers may be stored on dollies, racks or pallets,
provided'suc? equipment is easily movable.
(c) Food and containers of food shall not be stored under
exposed or unprotected sewer lines or water lin'es, except for automatic fire
protection sprinkler heads that maybe required by law. The storage of food in
~oilet rooms or vestibules is prohibited.
(D) Food not subje~t 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.
undrained 1ce.
ice.
(E) Packaged food shall not be stored in contact with water or
Wrapped sandwiches shall not be stored in direct contact with
(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, sh,al,l be'stored in a container identifying
the food by common name.
(2) Refrigerated Storage.
(A) Conveniently located ,refrigeration facilities or
effectively insulated facilities 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 +30F.,
located to measure the air temperatur~ in the warmest part of the facility and
located to be e~sily readable. Recording thermometers, accurate to +30F., may
be used in lieu of indicating thermometers.
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(B) Potentially hazardous food requiring refrigeration after
preparation shall be rapidly ,cooled to an internal temperature of 450F.(70CJ
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 temper.ature
of 450F.(rC.) or below unless maintained in accordance with paragraph (3)(B)
of this subsection.
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(c) Frozen foods shall be kept frozen and shall be stored at a
temperature of OOF.(-180C.) 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) Convenient Ii 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 +30F.,
located to measure the air temperature in the coolest part of the facility and
located to be easily readable. Recording thermometers, accurate to +30F., may
be used in lieu of indicating thermometers. Where it is impractical to
install thermometers on equipment such as bainmaries" 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
requ1r1ng hot storage shall be 140oF.(60oC.) or above except during necessary
periods of preparation. Potentially hazardous food to be transported shall be
held at a temperature of 140oF.(60oC.) or above unless maintained in
accordance with paragraph (2)(B) of this subsection.
(d) Food P~eparation.
(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 crqss-contamination.
(2) Raw Fruits and Raw 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 140oF.(60oC.), 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
1650F.(740C.) with no interruption of the cooking process.
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(B) Pork and any food containing pork shall be cooked to heat
all parts of the food to at least 150oF.(660C.).
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(c) Rare roast beef shall be cooked to an internal temperature
of at least IJOoF.(540C.), and rare beef steak shall be cooked to a
temperature of 130oF.(540C.) unless otherwise ordered by (he 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 1650F.(740C.) or higher
throughout before being served or before being placed in a hot food storage
facility. Steam tables, bainmaries, warmers, and similar hot food holding
facilities are prohibited for the rapid reheating of potentially hazardous
foods.
(7) Nondairy Products. Nondairy creaming, whitening, 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 450F.(70C.) or below within four hours after preparation.
(8) Product Th~rmometers. Metal stem-type numerically scaled
indicating thermometers, accurate to +20F., shall be provided and used to
assure the attainment and maintenance of prop~r 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
450F .(7OC.);
or
70~.(210C.)
loose food
(B) Under potable running water of a temperature of
or below, with sufficient water 'velocity to agitate and float off
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 450F.(70C.) or below or at an internal
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temperature of 140~.(60oC.) or above during display and service, except that
rare roast beef shall be held for service at ~ temperature ,of at least
130oF.(540C.).
(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 capac~ty" or drawn from 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
d~ssert 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 whitening
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, except that 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' Dispens ing. tee for consumer use sha'l1 be dispensed only
by employees with scoops, tongs, or other ice-self-dispensing 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 st.ored in a way that protects them from contamination. Ice storage bins
shall be drained through an air gap.
(6) D~spensing Utensils. To avoid unnecessary manual contact with
food, suitable dispensing utensils shall be used by employees or provided to
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consumers whD 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 disp~nsing 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 Equipmen~. 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. D~ring transportation, food and food utensils
shall be kept in covered containers or completely wrapped or packaged so as to
be protected from contamination. Foods in original individual packages do not
need to be over wrapped 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.
5229.164
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
~rganisms that cause such a disease or while afflicted with a boil, an,
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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'(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 to~acco in any form while engaged in
food preparation or service, nor whil~ 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 maintain in high degree of personal cleanliness
and shall conform to good hygienic practices during alll working periods in the
food service e~tablishment. '
1229.165 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 s~all not impart odors, color, ,or taste, nor contribute to
the contamination of food.
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Division of Food and Drugs
(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 gene~al requirements set forth in paragraph (1) of this subsection,
may be used for cutting blocks, cutting boards, salad bowls, and baker's
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.
be used only once as a serving container.
food service is prohibited.
Mollusk and crustacea shells may
Further reuse of such sh~lls for
(6)
prohibited.
Single-Service'.
Reuse of single-service articles is
(b) Design and Fabrication.
(1) General. ,All equipment and utensils,
shall be designed and fabricated for durability under
and shall be resistant to denting, buckling, pitting,
including plastic ware,
conditions of normal use
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-c1ean 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 t,ops, and skillets. Threads shall be designed to
facilitate cleaning; ordinary ''V" type threads are prohibited in food-contact
surfaces, e~cept 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 gears 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 re~eive lubrication of
bearings and gears on or withi~ 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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'preclude moisture (condensation) from entering the ice ma~hine 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-draining.
(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 disassembling without the use of tools; or
(c)
such as a mallet,
equipment.
By easy disassembling with the use 'of only simple tools
a screwdriver, or an open-end wrench kept available near the
(3) In-pface Cleaning. Equ1.pment intended for in-place cleaning
shall be so designed and fabrica'ted that:
(A) Cleaning and sanitizing solutions can be circulated
throughout a fixed system using an effective cleaning and sanitizing regimen;
and
(B) Cleaning and sanitizing solutions will contact all
interior food-contact surfaces; and
(C) The system is self-draining or capable of being co~pletely
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 m"etal stem-type construction,
numerically" scaled and accurate to +20F.
(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 ~aintained 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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(8) Existing Equipment.' Equipment which was installed in a 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 automatic 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) Equipmet:lt is portable within the meamng 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 quickly, 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) Sea led 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 t~at vertic~lly 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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(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 Working 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.
S229.166 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-line basis,
utensils and ~he food-contact surfaces of equipment sha~l be washed, rinsed,
and sanitized at intervals throughout the day on a schedule based on food
temperatur~, type of food, and' amount of food partic~e 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 deposits and
other accumulated soil.
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(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 wlplng food spills on
kitchenware and food-contact surfaces of equipment shall be clean and rinsed
frequently in one of the s'anitizing 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 paragraphs 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) compar~ment sink shall be used if washings
rinsing and sanitizing of utensils and equipment is done manually; provided,
that existing establishments not having athree(3) compartment sink that can
demonstrate an acceptable procedure for washings 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 potab Ie running water. A two(2) compar tment sink w ill be
acceptable where only single-service tableware is used. Suitable equipment
shall be made available if washings rinsing and sanitizing cannot be
accomplished by immersion.
(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 fol.lowing sanitizing and shall be located so as not
to interfere with the proper use of the dishwashing facilities.
(C) Equipment and utensils shall be pre flushed 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 washings rinsing and sanitizing shall be
conducted in the following sequence:
(i) Sinks shall be cleaned prior to use; and
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(ii) Equipment and utensils shall be thoroughly washed in
the first compartment with a hot detergent solution that is kept 'clean; and
(ii i) Equipment and utensi 1 s shall be rinsed free of
detergent and abrasives with clean water in the second compartment; and
(iv) Equipment and utensils shall be sanitized in the
third compartment according to one of the methods, included in subparagraphs
(E)(i) - (vii) of ,this paragraph.
, (E) The food-contact surfaces of all equipment and utensils
shall be sanitized by:
(i) Immersion for at le~st one-half(1/2) minute in 'clean,
hot water at a temperature of at least 170oF.(770C.); or
(ii) Immersion for at least one(l) minute in a clean
solutio~ containing at least .50 parts per million of available chlorine' as a
hypochlorite and a temperature of at least 750F.(240C.); 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 750F.(240C.);
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
milli~n total available halogen at a temperature of not, less than
750F.(240C.), and not to ~e 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 I s officially approved label. Quaternary ammonium
compounds refers to produ~ts 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 I 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 750F.(240C.) for one(l) minute; or
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(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 immersion.
(F) When hot water is used for sanitizing, the following
facilities shall be provided and used:
(i) An integral heating device or fixture installed in,
on, or under the sanitizing compartment of. the sink capable of maintaining the
water at a temperature of at least 170oF.(770C.)j and.
(ii) A numerically scaled indicating thermometer, accurate
to +30F., convenient to the sink for frequent checks of water temperaturej and
(iii) Dish baskets of such size and design to permit
complete immersion of the tableware, kitchenware, and equipment in the hot
water.
other device
the solution
(G) When chemicals are used for sanitiz.ation, a test kit or
that accurately measures-the parts per million concentration of
shall be provided and used.
(4)
Mechanical Cleaning and Sanitizing.
(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 and 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 dishwashing cycles. Automatic
dete'rgent dispensers, wetting agent dispensers, and liquid sanitizer
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 immed'iately 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 +30F., shall be provided to indicate the
teinperature 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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(D) Rinse water tanks shall be pro,tec ted by baffles,' curtains,
or other effective means to minimize the entry of wash water into the rinse
water. Conveyors in dishwashing machines shall be accur~tely timed to assure
proper exposure times in wash and rinse cycles in accordance with
manufacturers' specifications attached to the machines.
(E) ,Drain boards shall be provided 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 diShwashing 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
was~ed in a dishwashing 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 w,ashers) using 'chemicals for sanitization may be used
provided that:
(0 The temperature of the wash water shall not be less
than l20oF.(490C.); and
(ii) The wash water shall be kept clea~; and
UiO Chemicals added for sanitization purposes shall be
automatically 'dispensed; and
(iv) Utensils and equipmen~ shall be exposed to the final
chemical sanitizing rinse in accordance with the manufacturers" specifications
for time and concentration; and
~v) The chemical sanitizing ~inse water temperature shall
be not less' than 750F.(240C.) nor less than the temperature specified by the
machine's manufacturer; and
(vi) Chemical sanitizers 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 sanitizing may be used
provided that wash water and pumped rinse w~ter shall be kept clean and water
shall be maintained not less than the temperatures stated below:
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(i) Single-tank,
s ta t ionary-rack,
dual-temperature
machine:
Wash temperature
Final rinse temperature
l500F. (660C.)
l80oF.(820C.)
(ii) Single-tank, stationary-rack, single-temperature
machine:
Wash temperature
Final rinse temperature
l650F.(740C.)
l650F.(740C.)
(iii )
Single-tank, conveyor machine:
Wash temperature
Final rinse temperature
l60oF.(71oC.)
180 of . (82 0 C . )
(iv) Multi-tank, conveyor machine:
Wash temperature
Pumped rinse temperature
Final rinse temperature
l50oF.(660C.)
l60oF.(7loC.)
l80oF. (820C.)
(v) Single-tank, pot, pan, and utensil washer (either
stationary or moving-rack):
Wash temperature
Final rinse temperature
l40oF.(60oC.)
l80oF.(820C.)
(I) All dishwashing machines shall b,e thoroughly cleaned at
least once a day or more often when necessary to maintain them in a
satisfactory operating condition.
(5)
be air dried.
Drying. After sanitization, all equipment and utensils shall
The use of towels is prohibited.
(b) Equipment and Utensil Storage.
(1) Handling. Cleaned and sanitized equipment and utensils shall
be handled in a way that protects them from contamination. Spoons, knives,
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 six inches above the floor in a clean, dry location in a w,ay
that protect"s 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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contamination. Equipment and utensils shall not be placed under exposed sewer
lines or water lines, except for automatic fire protection sprinkle~ 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 pract1cal. 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 se,lf-service locations, shall protect these
articles from contamination and present the handle of the utensil to the
consumer.
(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 p'laced 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 contam~nation, 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.
establishm~nt shall
according to law.
Enough potable water for the needs of the food service
be ,provided from a source constructed and operated
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(2) Transportation. All potable water not provided directly by
pipe to the food service establishment from the source shall be transported in
a bulk water transport system and shall be delivered to a closed-water system.
Both of these systems shall be constructed and operated according to law.
(3) Bo~t1ed 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 original container.
(4) Water Under Pressure. Water under pressure at the required
temperatures shall be provided to all fix~ures 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 facilities are
prohibited, except as permitted by S229.170 df 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.
(1) 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 ;or purposes su~h 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 utensi Is. 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 backf10w and backsiphonage at all fixtures and equipment where an air
gap at least twice the diameter of the water supply inlet is n~t 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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(5) Garbage Grinders., If used, garbage grinders shall be installed
and maintained accord'ing 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 equipmen~ 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 ~n 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. Toile,t rooms shall be completely enclosed and
shall have tight-fitting, self-closing, solid doors, which shall be closed
except during cleaning or maintenance.
good repair.
all times.
materials.
receptable.
(4) Toilet Fixtures. Toilet fixtures shall be kept clean and in
A supply of toilet tissue shall be provided at each toilet at
Easily cleanable ,receptacles shall be provided for waste
Toilet rooms used by women shall have at least one covered waste
(e) Lavatory Facilities.
(1) Lavatory Installation. Lavatori~s shall be at least the number
required by law, shall be installed according to law, and shall be located to
permit convenient use by all employees in food preparation areas and ut,ensil-
washing areas. Lavatories shall be accessible to employees at all times.
Lavatories shall also be located in or immediately adjacent to toi~et 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 sanit~ry 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. ~avatories, soap dispensers, hand-drying
devices and all related fixtures shall 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 contajners 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. Ou~side 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 cle~n, 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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(c) Outside storage areas or enclosures shall be large enough
to store tne ga~bage 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 Ibe done by controlled incineration that prevents the escape of
particula'te matter in accordance with, law. Areas around incineration
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
utilize~. 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
pro,tected 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(I6) mesh to the inch.
S229.168. Construction and Maintenance of Physical Facilities.
(a) Floors.
(1) ,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. c~ramic 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. Carpeting 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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(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 clea~ed. Duckboards shall
not be used as storage racks.
(6) Floor Junctures. In all new or extensively remodeled
establishmen'ts 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 partit~ons,
wall coverings, and ceilings of 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 interior 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 lis~ed in paragraph (2) of this subsection.. 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
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of the walls and ceilings. Utili~y 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 Inst~llation. Wall and ceiling covering
materials shall be attached and sealed so as to be easily cleanable.
(c) Cleaning'Physical Facilities.
(1) General. Cleaning of floo'rs and walls, except emergency
cleaning of floors, ~hall be done during periods when the least amount of food
is exposed, ~uch as after closing or between meals. Floor, mats, duckboards,
walls, ceilings. and attached equipment and decorative ma'terials shall be kept
cle~n. Only dustless methods of cleaning floors and walls shall be used. such
as vacuum cleaning. wet clean~ng, 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.
(I) General. At least f(ft~(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.handwashing areas, and in toilet rooms. At least
twenty(20) foot candles of light at a distance of thirty(30) inches from the
floor shall be provided in all other areas, except that this requirement
applies to ~ining areas only during cleaning operations.
, '
(2) Protective Shielding.
(A) ~hielding 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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(1) General. !,ll 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, shall 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 othe~ contaminating materials.
. (B) In new or extensively remodeled establ ishments, all rooms
from which obnoxious odors, vapors or fumes originate shall be mechanically
vented to the outside.
(f) Dressing Rooms and Locker Areas.
(I) 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 ~r 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 consist of the following
three(3) categories:
(i) Insecticides and rodenticides;
(ii) Detergents, sanitizers, and related cleaning or
drying agents;
(iii) Caustics, acids, polishes, and other chemicals.
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(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 su~faces, nor 1n 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'~ l~beling.
(5) P~rsonal Medications. Personal medications shall not be stored
in food storage, preparatlon or service areas.
(6) First Aid Supplies. First aid supplies shall be stored in a
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 oper~tions of the establishments shall be kept free of
litter.
(B) The walking and driving surfaces of all exterior areas of
food service ~stablishments snall 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 est~blishment
shall be conducted in any room used as living or sleeping quarters. Food
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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 oper~tions 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 ~aundry 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 contro~ of the food service
establishment. This exclusion does not apply to edible fish, crustacea, shell
fish, or to fish in aquariums. Patrol dogs accompanying security or police
officers, or guide dogs accompanying blind persons shall be permitted in
dining areas.
S229.l69. 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 prohibit
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 those requirements in this rule of paragraphs (4)
and (5) of this subsection; subsection (b){1) of this section; and subsection
(c){l) 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, transporteq and stored
under conditions meeting the requirements of these sections, or beverages that
are n6t potentially hazardous and are dispensed from c6vered urns or other,'
protected equipment, need not comply with requirements of these rules
pertaining ,to the' ne'cessity of water and sewage systems nor to those
requirements pertaining to the cleaning and sanitization of equipment and
utensils if the requi~ed 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 inl~t shall be located in such a
position that it will not be contaminated by waste disc~arge, road dust, oil
, or grease, and it shall be kept capped, when not being filled. The water inlet
shall be provided wi~h 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 Reten,tion. 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 th~ vehicle for
servicing mobile food unit waste disposal facilities shall,'be of a different
size or type than those use~ for supplying potable water to the mobile food
unit. The waste connection shall be located lower than the water inlet
connection to precl~de contamination of the potable water system.
(b) Commissary; Base of Operations.
(l) Mobile food units s~all operate from a co~missary or other
fixed f06d service establishm~nt 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 ~upplying, cleaning, or
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servic1ng operation. Within this servicing area. there shall be a locition
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 Nhere
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 shall be constructed of
a smooth nonabsorbent material, such as concrete or machine-laid asphalt and
shall be maintained in good repair, kept clean, and be gra4ed to drain.
(c) The construction of the walls and ceilings of the
servicing area is exempted from the provisions of S229.l68 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 9uring the servicing operation.
All liquid waste shall be discharged to a sanitary sewerage disposal system in
ac;cordance with S229.167 (b) of this title (relating to Sanitary Facilities
and Controls).
S229.l7,O. 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 service
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.
(I) 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 requu1ng li[lited
preparation, such as hamburgers and frankfurters that only require seasoning
and cooking, shall be prepared or served. The preparation or service of Jther
potentially hazardous foods, including pastries filled with cream or synt1etic
cream, custards, and similar products, and salads or sandwiches contai ning
meat, poultry, eggs or fish is prohibited. This prohibiti~n does not apply,
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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 450F.{70C.) or below, or at
a temperature of 140oF.{60oC.) 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 single-use safe
plastic or wet-strength paper bags filled and sealed ~t the' point of
manufacture. The ice shall be held in these bags until it is dispensed in a
way that protects it from contamination.
(el) Equipment.
(I) Equipment shall be ,located and installed in a way that prevents
, food contamination and that also facilitates cleaning the establishment.
(2) Food-cont~ct 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 clea~ing and sanitizing tableware
shall provide only 'single-service art~cles, for use by the consumer.
(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 waeer 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, including liquid waste, shall be disposed of
according to law.
(,0 Handw,ashing. A convenient, handwashing facility shall be avai lable
for employee handwashing. This facility shall consist of at least warm
running water, soap, and individual p~per 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 with wood chips, shavings
or other suitable materials effectively treated to control dust.
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(k) Walls and,Ceilings of Food Preparation Areas.
~
(I) 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 sixt~en(16) mesh to the inch.
(2) Counter-service openings 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.
S229.171. 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 es tab 1 ishment sha 11 be the tota 1 of the we igh ted ,poin t va lue for all
violations, subtracted from one hundred(IOO). 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 ~ood 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, bJut in any event,
not to exceed ten{IO) days.
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Texas Department of Health
Division of Food and Drugs
Pal!e 34 of 35
. ,
(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) I~ the case ~f temporary food ,service establish~ents. all
vi~lations shall be corrected within twenty-four(24) hours. If violations are
not corrected wi thin twenty-four (24) hours, tre es t ab li shment 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 regulatory authori ty shall, upon written not ice 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 provis ions of the Texas Food, Drug, and
Cosmetic Act, Texas Civil ~tatutes, Article 4476-5, *fi+. ~8r8~r8~h {i~.
tteeriell .f6h
(e) Procedure Wr.en Infection IS Suspected. '-'Then the regulatory
al1thority has reasonable' cause to suspect the possibility of disease
transmission from any food service establishment employee. it way secure a
morbidity history of the suspected employee or make any other investigation as
may be indicated ~~d shall, take appropriate action. The ,regulatory ~uthority
may require any or all of the foll9wing measures:
{n The immediate exclusion of the employee from 'all food service
"
establishments;
(2) The immediate closing of the food service establishment
co~cerned until, in the opinion 'of the regulatory authority, no further danger
of disease outbreak exiats;
(3) pestriction of the employee's services to some area of t}-le
establishmen~ where there would be no danger of transmit~ing' diseas~;
(4) Adequate medical and laboratory examination of the employee, of
other' employees and of his and their body discharges.
(0' Inspection Feport Forti'. T}-le 'Department adopts by reference the
Department Form entitled, "Food Service Establishment Inspection Feport",
described in s~bsection ~b) of t}-lis, section and available in the Department'~
Food and Drug Division Office, 1100 West 49th Street, Austin, Texas, 78756.
*Section '6 and Section 25
~ '.
Est.
1.0.
[1-10)
Owner Name:
Address:
Establishment Name:
Food Service Establishment
Inspection Report'
Based on all inspection this day, the Itams circled below ldentlly the vlolatlbns In operations or lacllltles which must be COmlCted by
the next routine Inspection or such shorter period 01 time as may be specllled In writing by the regulatory authortty, Fallura to comply
with any tlma limits lor corrections specified In this notice may reault In cessation 01 your Food Service operations,
ITEM
WT, eOl, NO, WT, eOl,
PURPOSE
Regular '" , , " >>,
FOllOW-Up ,""" 2
Complaint ".",,3
Investigation "'" 4
Other ,"',"'," 5
ITEM
NO,
Source; soun" condition, no spoilage
Q2 Original container: pro~rty labeled
FOOD PROTECTION
I 'OS Potentially hazardous lood meets temperature rtlQuirements 5 32
during Slorage, preparation, display, service transportation
.04 FacilitIes to maintain product temperature 4 3:
D51 Thermometers provided and conspicuous , 34
01 Potentially hazardous food properl, tnawed 2 35
'07 Unwrapped and potentially hazardous lood not re-served 4 38
01 Food protection during storage, preparation, display, 2 37
service. transportation
. Handling 01 lood (ice) minimized 2 38
10 In use, lood (ice) dispensing utensils properly stored 1 39
PERSONNEL
." Personnel with inlectlons restricted 5 40
"2 Hands washed and clean, good hygienic practices 5 4'
13 Clean clothes, .halr reslraints 1 42
FOOD EQUIPMENT & UTENSILS
14 Food (ice) contact surfaces: designed, constructed, maln- 2 43
I!lined, installed. localed
15 Non-food contact surfaces: designed, constructed, main- 1 44
tained, installed, located
1. Oishwashing lacilllies: designed, conslrucled, maintained. 2 4S
'nstalled. loealed, operaled
17 Accurate thermometers, chemical test kits provided, !!auge 1 48
cock (v." IPS valve)
11 Pre-lIushed. scraped, soaked ' , 47
1. Wash, rinse waler: clean, proper temperature 2 C8
'20 Sanitization rinsp.' clean, temperature, concentration, ex- 4 48
posure time; equipment, utensils sanitized
21 Wiping clolhs; ciean, use' restricted 1 50
22 Food-contacI surfaces 01 equipment and utensils clean. 2 51
Iree 01 abrasives, detergents
23 Non-Iood contact su.rfaces 01 equipment and utensils clean 1 52
24 Storage, handling 01 clean equipmentl utensils 1 53
as Single-service articles. storage. dispenslhg 1 54
. No re-use of single service articles 2 55
WATER
'%7 Watllr source, sale: hot & cold under pressure
RATING SCORE 75-77
100 less weight 01 [[]]
Items vlolaled ...
FOLLOW-UP
ACTION
Change,78-C
Delete, , , , 0
Yes , , , , , , 74-1
No ......,..,2
.Culleal l1ems ReQu,ring Immediate Atlentlon,
Remarks on back 180-1)
::-.......... ,.. '" C'.,
Page ~of.2L
ZJp
SEWAGE '
[::!J Sewage and waste water disposal
~
Instelled, maintained
.. Cross-connection, back siphonage, baCkllow
TOILET &: HANDWASH!NG FAC!LITIES
011 , Number, cen~enient, aceessilllE, ,:l(!~igned. Instslled
Toilet roem! enclosed, sel!'~losir.. doors, fixturtls, good
3Z repair, eleen: hand e!aanser, rsnilpr.... to_l.!tis.un/h.nd.
drvin,; devices provided, proP_I ..~.Te reccPUoCI"
.. 80
2 11
GARBAGE & REFUSE DISPOSAL
IS Conlainers or receptacles, covered: adequate number I I 82
insectl rodent prOOI. Irequency, clean
14 Outside storage area enclosures properly conslructed, I ' 13
clear.; conlrolled incineralion
INSECT, RODENT, ANIMAL CONTROL
.. Presence o! i,.,sects/rodents - ouler ooenin"s prolecled,
no birdS, lurtles, other animals
FLOORS, WALLS & CEILINGS
. Floors, constructed, drained, clean, good repair, covering 1 IS
inslallalio~, duslless cleaning methods
31' Walls, ceiling, allaclled equipmenl: construcla.:!, good , III
repair. clean, surtaces. dustless cleaning mel"ods
LIGHTING
. lighting provided as required, IIxtures shIelded
VENTILATION
~ Rooms and equipment - vented as required
c:!2]
DRESSING ROOMS
40 Rooms clean, lockers provided, facilities clean, located
OTHER OPERATIONS
'41 Toxic items p.operly stored, labeled. used I 70
Premises maintained Iree of liller, unnecessary anicles,
G cleaning,maintenance equipment properly stored, Author- 1 7'
ized personnel
a Complete separation Irom living! sleeping Quarters, Laundry, 1 72
.. Clean, soiled linen properly stored 1 73
Received by: name
tllle
Inspected by: name
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CORRECTED BY
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RULES ON RETAIL
-. .
FOOD S:TORE SANITATION
Texas Depar~ment of Health '
Division of Food and Drugs
Austin, Texas
1/86
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.N:X>J:rn;u BY mE TEXAS IO\RD OF HEAL'lH
August 17, 1985
.
.
RULES ON RETAIL FOOD STORE SA~ITATION
TABLE OF CONTENTS
PAGE
S229.231 General Provisions
(8) Purpose----------------------------------------------------- 1
(b) Definitions------------------------------------------------- 1
S229.232
Food
(a)
Food
(I)
(2)
Food
(I)
(2)
Food
(l)
(2)
(3)
Food
(I)
(2)
(3)
(4)
(S)
(6)
(7)
Food
(I)
(2)
(3)
(4)
(5)
Food
(b)
(c)
(d)
(e)
(f)
Supplies
Genera 1----------------------------------------------- - 4
Special requirements----------------------------------- 4
Protection
General------------------------------------------------ S
Emergency occurrences---------------------------------- 6
Storage
Gene ra 1----------------------------------------------- - 6
Refrigerated/frozen storage---------------------------- 7
Hot storage-------------------------------------------- 7
Preparation
General------------------------------------------------ 8
Raw fruits and raw vegetables-------------------------- 8
Cooking potentially hazardous foods-------------------- 8
Bakery product fillings-------------------------------- 9
Reheating----------------------------------------------10
Food product thermometers------------------------------10
Thawing potentially hazardous foods--------------------l0
Display
Potentially hazardous foods----------------------------10
Frozen foods-------------------------------------------IO
Food display-------------------------------------------lO
Dispensing utensils--------~---------------------------Il
Food sample demonstrations and food promotions---------12
Transportation by the Retail Food Store----------------12
S229.233 Personnel
(a) Employee Health---------------------------------------------12
(b) Personal Cleanliness----------------------------------------12
(c) Clothing----------------------------------------------------13
Cd) Employee Practices------------------------------------------13
S229.234 Equipment and Utensils
(a) Materials
(I) Solder-------------------------------------------------l3
(2) Wood---------------------------------------------------13
(3) Plastics and rubber materials--------------------------13
(4) Cutting surfaces---------------------------------------13
(5) Single-service articles--------------------------------l~
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(b) Design and Fabrication
(I) General------------------------------------------------14
(2) Accessibility------------------------------------------14
(3) Cleaned in place (CTP)---------------------------------15
(4) Food product thermometers------------------------------15
(5) Non-food contact surfaces------------------------------15
(6) Ventilation hoods--------------------------------------15
(7) Maintenance of equipment and utensils------------------15
(c) Equipment Installation and Location
(I) General--------------------------------------~---------15
(2) Table-mounted equipment--------------------------------15
(3) Floor-mounted equipment--------------------------------16
(4) Aisles and working spaces------------------------------17
S229.235 Cleaning, Sanitization, and Storage of Equipment and Utensils
(a) Equipment and Utensil Cleaning and Sanitization
(I) Cleaning frequency-------------------------------------17
(2) Wiping cloths------------------------------------------18
(3) Manual cleaning and sanitizing-------------------------1B
(4) Mechanical cleaning and sanitizing---------------------20
(5) Drying-----~-------------------------------------------20
(6) Retail food store without equipment and utensil cleaning
facilities------------~------------------------------20
(b) Equipment and Utensil Handling and Storage
(I) Hand I ing---------------------------------------------- -20
(2) Storage--------------~---------------------------------20
(3) Single-service articles--------------------------------21
(4) Prohibited storage areas---~---------------------------21
~229.236 Sanitary Facilities and Controls
(a) Water Supply
(I) General------------~~----------------------------------21
(2) Water delivery-----------------------------------------21
(3) Water under pressure-----------------------------------21
(4)' Steam--------------------------------------------------22
(b) Sewage - General--------------------------------------------22
(c) Plumbing
(I) General------------------------------------------------22
(2) Nonpotable water system--------------------------------22
(3) Backflow-----------------------------------------------22
(4) Grease traps-------------------------------------------22
(5) Garbage grinders---------------------------------------22
(6) Drains-------------------------------------------------22
(d) Toilet Facilities
(I) Toilet installation------------------------------------23
(2) Toilet design------------------------------------------23
(3) Toilet roorns-------------------------------------------23
(4) Toilet facility maintenance----------------------------23
.
.
(e) Fandwashing Facilities
(I) Handwashiog facility instal1ation----------------------23
(2) Handwashing facility faucets---------------------------23
(3) Handwashing supplies-----------------------------------23
(4) Handwashing facility maintenance-----------------------23
(5) Handwashing available at bulk food display area--------24
(6) Waste receptacle(s)------------------------------------24
(f) Garbage and Refuse
(I) Containers-------------------------------------_______-24
(2) Storage------------------------------------___________-24
(3) Disposal---------------------------------------_______-25
(g) Insect and Rodent Control
(1) Genera 1---------------------------------------________ -25
(2) Openings---------------------------------------_______-25
S229.237 Construction and Maintenance of Physical Facilities
(a) Floors
(1) Floor construction-------------------------------------25
(2) Floor carpeting----------------------------------------26
(3) Prohibited floor covering------------------------------26
(4) Mats and duckboards------------------------------------26
(5) Utility line instal1ation------------------------------26
(b) Walls and Ceilings
(1) Maintenance------------------------------------------_-26
(2) Construction-------------------------------------------27
(3) Exposed construction ----------------------------------27
(4) Utility line installation------------------------------27
(5) Attachments--------------------------------------------27
(6) Covering material instal1ation-------------------------27
(c) Cleaning Physical Facilities
(1) General------------------------------------------------27
(2) Service sinks------------------------------------------27
Cd) Lighting
(1) Genera 1----------------------------------------------- -27
(2) Protective shielding ----------------------------------28
(e) Ventilation
(1) General------------------------------------------------28
(f) Dressing Rooms and Locker Areas
(1) Dressing rooms and areas-------------------------------28
(2) Locker areas-------------------------------------------28
(g) Poisonous or Toxic Materials
(1) Materials permitted------------------------------------28
(2) Labeling of materials----------------------------------29
(3) Storage of materials-----------------------------------29
(4) Use of materials---------------------------------------29
(5) ~torage and display of materials for retail sale-------29
(6) First aid supplies and personal medications------------29
(h) Premises
(1) General------------------------------------------------29
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(2) Living areas-------------------------------------------30
(3) Laundry facilities-------------------------------------30
(4) Linens and clothes storage-----------------------------30
(S) Cleaning equipment storage-----------------------------30
(6) Animals------------------------------------------------30
~
S229.238 Compliance Procedures
(a) Inspections
(1) Access-------------------------------------------------31
(2) Report of Inspection-----------------------------------3l
(3) Correction of violations-------------------------------31
(4) Examination and condemnation of food-------------------32
(5) Procedure when infection is suspected------------------32
(b) Enforcement
(1) Penalties----------------------------------------------32
(2) Injunctions--------------------------------------------33
(c) Inspection report form--------------------------------------33
S229.239 Enactment Provision
(a) Exceptions--------------------------------------------------33
(1) Buiiding fa~ilities and equipment----------------------33
(2) New building facilities and new equipment--------------33
(b) Separability~-----------------------------------------------33
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Texas Department of Fealth
Division of Food and Drugs
RULES ,ON RETAIL FOOD STORE SANITATION
S229.23l. General Provisions.
(a) Purpose. These rules shall be liberally construed and applied to
promote the underlying purpose of protecting the public health.
(b) Definitions. The following words and terms when used in these
sections, shall have the following meanings unless the context clearly
indicates otherwise:
(1) Bulk food - unpackaged or unwrapped, processed or unprocessed
food in aggregate containers from which quantities desired by the consumer are
withdrawn. For the purpose of this interpretation, the term does not include
fresh fruits, fresh vegetables, nuts in the shell, salad bars and potentially
hazardous foods.
(2) Corrosion-resistant materials - those materials that maintain
acceptable sanitary surface characteristics under prolonged influence of the
food to be contacted, the normal use of cleaning compounds and sanitizing
solutions, and other conditions of the use environment.
(3) Display area - a location or locations, including physical
facilities and equipment, where bulk food, and other products, are offered for
customer self-service.
(4) Easily cleanable - that surfaces are readily accessible and
made of such material and finish and so fabricated that residue be effectively
removed by normal cleaning methods.
(S) Employee - the permit holder, individual having supervisory or
management duties, person on the payroll, family member, volunteer, person
performing work under contractual agreement, or any other person working in a
food store.
(6) Equipment -items other than utensils used in t1,e storage,
preparation, display, and transportation of food such as stoves, ovens, hoods,
slicers, grinders, mixers, scales, meat blocks, tables, food shelving, reach-
in refrigerators and freezers, sinks, ice makers, and similar items used in
the operation of a retail food store. This item does not include fork lift
trucks or dollies.
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(7) Farmers Market - an establishment or location used ~y producers
and vendors primarily for the distribution and sale of,raw and custom shelled
agricultural products directly to consumers and wholesalers. The sale of
other food products at such market shall not disqualify it as a farmers market
provided that such food products meet all applicable federal, state, and local
health laws regulating the manufacture and sale of such food products. The
occasional sale of nonfood products not regulated by the Texas Department of
Fealth shall not disqualify it as a farmers market.
(8) Food - any raw, cooked, or processed edible substance, ice,
beverage or ingredient used or intended for use or for sale in whole or in
part for human con~umption.
(9) Food-contact surfaces - those surfaces of equipment and
utensils with which food normally comes into contact, and those surfaces from
which food may drain, drip, or splash back onto surfaces normally in contact
wi th food.
(10) Food service establishment - any place where food is prepared
and intended for individual portion service, and includes the site a,t which
individual portions are provided. The term includes any such place regardless
of whether consumption is on or off the premises and regardless of whether
there is a charge for the food. The term includes delicatessens that offer
prepared food in individual ~ervice portions. 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.
(II) Hermetically sealed container - a container which is designed
and intended to be secure against the entry of microorganisms and to maintain
the commercial sterility of its contents after processing.
(12) Law - applicable
ordinances, and regulations.
Fed~ral, State, and local statutes,
(13) Packaged -'bottled, canned, cartoned, bagged, or securely
wrapped.
(I4) Permit - the d.o~ument issued by the regulatory authority which
authorizes a person to operate a retail food store.
(IS) Person an'y individual, partnership, corporation,
association, or other legal e~tity.
(16) Person in charge - the individual present in a retail food
store who is the supervisor of the retail food store at the time of
inspection. If no individual is the apparent supervisor, then any employee
present is the person in char~e.
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(17) 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, and which is
in a form capable of supporting rapid and progr.essive growth of infectious or
toxigenic microorganisms. The term does not include: clean, whole,
uncracked, odor-free shell eggs; foods that have a pH level of 4.5 or below or
a water activity {awl value of 0.~5 or less under standard conditions; food
products in hermetically sealed containers processed to prevent spoilage.
(IS) Product module - a food-contact container (multi-use or
single-service) des igoed for cus tomer sel f-service 0 f bul k food by either
direct or indirect means.
(19) Regulatory authority - the State and/or local enforcement
authority or authorities having responsibility for enforcing these rules.
(20) Retail food store - any establishment or section of an
establishment where food and food products are offered to the consumer and
intended for off-premise consumption. The term includes delicatessens that
offer prepared food in bulk quantities only. The term does not include
establishments which handle only prepackaged, nonpotentially hazardous foods;
roadside markets that offer only fresh fruits and fresh vegetables for sale;
food service establishments; farmers markets; or food and beverage vending
machines as defined in the Vending of Food and Eeverages, 1978, Department of
Health, Education and Welfare Publication No. (FDA) 7S-2091.
(21) Safe materials - articles manufactured from or composed of
material s that may not reasonably be expec ted to resul t, d irec tly or
indirectly, in their becoming a component 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 amended May 19S0, Department of ~ealth and Fuman Services
Publication No. (FDA) 80-1051, as used they are "safe" only if they are used
in conformity with regulations established pursuant to Section 409 or Section
706 of that Act. Other materials are "safe" only if, as used, they are not
food additives or color additives as defined in Section 201 (s) or (t) of the
Federal Food, Drug, and Cosmetic Act amended May 1980, Department of Health
and Human Services Publication No. (FDA) 80-l0S1, and are used in conformi'ty
with all applicable regulations of the Food and Drug Administration.
(22) Sanitization - effective bactericidal treatment as defined in
the Procedures for the Facteriological Examination of Food Utensils and/or
Food Equipment Surfaces, Technical Information Bulletin No.1, 1967, Public
Health Service Publication No. 1631, by 8 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 cleaned food-contact
surfaces of utensils and equipment.
(23) Sealed - free of cracks or other openings that permit the entry
or passage of moisture.
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(24) Servicing area - a designated location or locations equipped
for cleaning, sanitizing, drying or refilling product modules or for preparing
bu I k food.
(25) Single-service articles - items used by the retailer or
consumer such as cups, containers, lids, and packaging materials, including
bags and similar articles, intended for contact wi.t'" food, and designed for
one-time, one person use and then discarded. The term does not include
"single use" articles such as number 10 cans, aluminum pie pans, bread
wrappers and similar articles into which food has been packaged by the
manufacturer.
(26) Transportation (transported) - movement of food within the
retail food store or delivery of food from t"'at retail food store to another
place while under the control of the person in charge.
(27) Utensil - any food-cantact implement used in the storage,
preparation, transportation, or dispensing of food.
(28) Warewashing - the cleaning and sanitizing of food-contact
surfaces of equipment and utensils.
S229.232. Food.
(a) Food supplies.
(l) General. Food shall be in sound condition and safe for human
consumption. Food shall be obtained from sources that comply with the
applicable laws relating to food safety. Food prepared in a home shall not be
used or offered for sale. Bulk food product modules shall be labeled with
either:
(A) The manufacturer's or processorls bulk container labeling
plainly in view; or
(B) A counter card, sign or other appropriate device bearing
prominently and conspicuously the common name of the product, a list of
ingredients in proper order of predominance and declaration of artificial
color or flavor and chemical preservatives if contained in the product.
(2) Special requirements.
(A) Fluid milk and fluid milk products used or offered for
sale shall be pasteurized and shall comply with the Grade 'A I standards as,
established by Article 165-3, Vernonls Texas, civil Statutes, The Texas Milk
Grading and Labeling Law. Raw milk maybe sold by the producer directly to
the consumer at the point of production, i.e. at the farm, provided that such
producer has been issued a Grade 'A' Paw Milk for Retail Permit, and complies
with all the standards for Grade 'A' Paw Milk for Retail. Dry milk and dry
milk products used or offered for sale shall be made from pasteurized milk and
milk products. Raw milk cheeses, not requiring pasteurization, produced in
accordance with the Code of Federal Regulations, 21 CFR Part 133, shall be
exempt from the provisions of this subsection.
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(B) Fresh and frozen shucked shellfish (oysters, clams, or
mussel s) shall be rece ived and/or repacked in nonre turnable packages
identified with the name and address of the shell stock processor, shucker-
packer, or repacker, and the State certification number issued according to
law. Shucked shellfish shall be kept in the container in which they were
received until used or sold.
(c) Each original container of unshucked shellfish (oysters,
clams, or mussels) shall be identified by an attached tag, to be retained for
a period of 90 days, that states the name and address of the original
shellfish processor, the date and bay of harvest, the kind and quantity of
shellfish and the certification number issued by the State or foreign
shellfish control agency, where applicable.
(D) Only clean shell eggs meeting applicable grade standards
or pasteurized liquid, frozen or dry eggs, or pasteurized dry egg products
shall be used or offered for sale.
(E) Only ice which has been manufactured from potable water
and handled in a sanitary manner shall be used or offered for sale. Ice
offered for sale shall be packaged and shall meet all of the requirements in
the Department's Rules, S229.181-229.184 of this title (relating to the
Registration of Manuf~cturers of Foods).
(b) Food protection.
(1) General.
(A) At all times, including while being stored, prepared,
displayed, dispensed, ,packaged, or transported, food shall be protected from
cross-contamination between foods and from potential contamination by insects,
insec ticides, rodents, rodent ic ide s, probe- type pr ic e or probe- type
identification tags, unclean equipment and utensils, unnecessary handling,
flooding, draining, and overhead leakage or condensation, foreign matter, or
other agents of public health significance. The temperature of potentially
hazardous foods shall be 450F (rC) or below or l400F (600C) or above, at all
times, except as otherwise provided in these rules. Hermetically sealed
packages shall be handled so as to maintain product and container integrity.
Food items that are spoiled or that are in damaged containers that may affect
the product and those food items that have been returned'to, or are being
detained by, the retail food, store because of spoilage, container damage, or
other public health considerations, shall be segregated and held in designated
areas pending proper disposition unless disposed of under the supervision of
the regulatory authority.
(B) Bulk foods and product modules shall be protected from
contamination during display, customer self-service, refilling and storage.
(e) Containers of bulk pet foods and bulk nonfood items shall
be separated from other foods by a barrier or open space from product modules.
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(D) Bulk food returned to the store by the customer shall not
be offered for resale.
(E) Only containers provided by the store in the display area
shall be filled with bulk foods.
(2) Emergency occurrences. The person in charge of a retail food
store that is affected by a fire, flood, extended power outage, sewage backup,
or a similar signficant occurrence that creates a reasonable probability that
food in the retail food store may have been contaminated or that the
temperature level of food which is in a potentially hazardous form may have
caused that food to have become hazardous to health, shall take such action as
is necessary to protect the public health and shall promptly notify the
regulatory authority of the emergency.
(c) Food storage.
(1) General.
(A) Food packaged in an immediate closed container, once the
container is opened in the retail food store prior to use or retail sale,
shall be kept covered. Food, whether raw or prepared, if removed from the
immediate closed container in which it was originally packaged prior to use or
retail sale, shall be stored'in a clean, covered container, except during
necessary periods of preparation. Whole and unprocessed fresh raw vegetables
and fresh raw fruits shall be exempted from this requirement. Container
covers shall be impervious and nonabsorbent. During periods of storage,
subprimal cuts of meat shall be covered with single-service wrapping material.
Primal cuts, quarters or sides of meat, or processed meats such as country
hams, slab bacon, and smoked or cured sausages, may be hung uncovered on
clean, sanitized hooks or placed on clean, sanitized metal racks in such a
manner as to preclude contamination of any food products in storage.
(B) Containers of food sh~ll be stored a minimum of six inches
(152 millimeters (mm)) above the floor' or stored on dollies, skids, racks, or
open-ended pallets, provided such equipment is easily movable either by hand
or with the use of a pallet-moving equipment that is on the premises and used.
Such storage areas shall be kept clean. Cased food packaged in can,s, glass,
or other waterproof containers need not be elevated when the case of food is
not exposed to floor moisture and the storage area is kept clean.
(c) Food and containers of food shall not be stored under
exposed or unprotected sewer lines, or water lines that are leaking or on
which condensed water has accumulated.
(D) Packaged foods shall not be stored in contact with water
or undrained ice.
(E) A food ingredient, such as flour, sugar, salt, baking
powder, cooking oil or vinegar, that is not stored in the original package and
is not readily identifiable on sight, shall be stored in a container
identifying it by common name.
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(F) Labels or marking pens shall be available to customers to
identify their take-home containers with the common name of the product unless
the product is readily identifiable on sight.
(G) Toilet rooms and their vestibules, and garbage or
mechanical rooms shall not be used for the storage of food.
(2) Refrigerated/frozen storage.
(A) Refrigeration units or effectively insulated units shall
be provided in such number and of such capacity to assure the maintenance of
potentially hazardous food at required temperatures during storage. Each
mechanically refrigerated unit storing potentially hazardous food shall be
provided with a numerically scaled indicating thermometer, accurate to ..:!:.3OF
(+IOC). The sensing element shall be located to measure the air temperature
in the warmest part of the unit. The thermometer scale shall be located to be
easily readable. Recording thermometers, accurate to ~oF (+IOC) 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 450F (7OC)
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 hours. Potentially hazardous
food to be transported shall be pre-chilled and held at a temperature of 450F
OOC) or below unless maintained in accordance with the hot storage
requirements of these rules.
(c) Potentially hazardous frozen foods shall be kept frozen and
shall be stored at an air temperature of OOF (-lSOC) or below except for
defrost cycles and brief periods of loading or unloading.
(D) Ice used as a cooling medium for food storage shall not be
used or sold for human consumption.
(3) Hot storage.
(A) Hot food storage units shall be provided in such number
and of such capacity to assure the maintenance of potentially hazardous food
at the required temperature during storage. Each hot food storage unit
storing potentially ha~ardous food shall be provided with a numerically scaled
indicating thermometer, accurate to.!:J"F (,:!:rc). The sensing element shall be
located to measure the air temperature in the coolest part of the unit. The
thermometer scale shall be located to b.e easily readable. Recording
thermometers accurate to !joF (+lOC) may be used in lieu of indicating
thermometers. Where it is impractical to install thermometers on equipment
such as heat lamps, calrod units, or insulated food transport carriers, a food
product thermometer shall be available and used to check internal food
temperature.
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(:B) The internal temperature of potentially hazardous foods
reqU1r1ng hot storage shall be 1400F (600C) or above, except during necessary
periods of preparation. Potentially hazardous food to be transported shall be
held at a, temperature of 1400F (600C) or above unless maintained in accordance
with the refrigerated storage requirements of these rules.
(d) Food preparation.
(I) General.
(A) Food shall be prepared with a minimum of manual contact.
Food shall be prepared on food-contact surfaces and with utensils which are
clean and have been sanitized.
(B) Each time there is a change in processing between raw
beef, raw pork, raw poultry or raw seafood, or a change in processing from raw
to ready-to-eat foods, each new operation shall begin with food-contact
surfaces and utensils which are clean and have been sanitized. Salads and
other ready-to-eat foods should be prepared in separate rooms or in areas that
are separated by a barrier or open space from areas used for processing
potentially hazardous raw products.
(c) potentially hazardous foods that are in a form to be
consumed without further cooking such as salads, sandwiches, and filled pastry
products should be prepared from chilled products.
(2) Raw fruits and raw vegetables. Raw fruits and raw vegetables
that will be cut or combined with other ingredients or will be otherwise
processed into food products by the retail food store will be thoroughly
cleaned with potable water before being used.
(3) Cooking potentially hazardous foods.
(A) Potentially hazar~ous foods being processed within the
retail food store by cooking shall be cooked to heat all parts of the food to
a temperature of at least 1400F (600C), except that:
(i) Poultry, poultry stuffings, stuffed meats, and
stuffings containing meat, shall be cooked to heat all parts of the food to at
least 1650F (740C) with no interruption of the cooking process.
(ii) Pork and pork products shall be cooked to heat all
parts of the food to at least 1500F (660C), or, if cooked in a microwave oven,
to at leas t 1700F (7 70C).
Oil) When beef roasts under 10 pounds {5 kilograms (kg))
in weight are cooked in a still dry heat oven, the oven shall be preheated to
and held at an air temperature of at least 3500F (1770C) throughout the
process. If cooked in a convection oven, the oven shall be preheated to and
held at an air temperature of at least 3250F (I630C) throughout the process.
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(B) When beef roasts of 10 pounds (5 kilograms (kg)) or over
in weight are cooked in a dry heat oven, the oven shall be preheated to and
held at an air temperature of at least 2500F (1220C) throughout the process.
(c) Further, in order to meet public health requirements for
the processes cited in Subparagraphs (A) through (B) of this paragraph, the
following table lists the minimum internal temperature of the beef roast for
the minimum time the roast needs to be held at such temperature.
Minimum Holding Times for Beef Roasts
at Various Internal Temperatures
Minimum internal Minimum holding Minimum in ternal Minimum hold ing
temperature time temperature time
OF Oc Minutes OF Oc Minutes
130 54.4 121 138 58.9 19
131 55.0 97 139 59.5 15
132 55.6 77 140 60.0 12
133 56.1 62 141 60.6 10
134 56.7 47 142 61.1 8
135 57.2 37 143 61.7 6
136 57.8 32 144 62.2 5
137 58.4 24
(D) Eeef roasts, if cooked in a microwave oven, shall be
cooked to an internal temperature of at least 145~ (630C).
(4) Bakery product fillings.
(A) Custards, cream fillings, and similar products, including
synthetic fillings, shall meet the temperature requirement in Subsection
(c)(2)(B) of this section following preparation and be maintained at tbat
temperature during storage, 'transportation, and display. Products with
synthetic fillings may,be excluded from this ~equirement if:
(i) the food, including the interface between the bakery
product and its filling, has a pH level of 4.5 or below or a water activity
(a ) value of 0.85 or less under standard conditions;
w
(ii) it is handled in such a manner as to preclude
contamination with and the growth of pathogenic microorganisms after heat
processing; or
(iii) other scientific evidence is on file with the
regulatory authority demonstrating that the specific product will not support
the growth of pathogenic microorganisms.
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(B) Bakery products with synthetic fillings, which meet the
criteria in Subparagraph (A) of this paragraph, may be labeled to state that
refrigeration is not required.
(5) Reheating. potentially hazardous foods that have been cooked
and then refrigerated shall be reheated rapidly to an internal temperature of
165~ 040C) or higher before being placed in hot food storage holding units.
Food warmers and other hot food holding units shall not be used for the
reheating of potentialy hazardous foods.
(6) Food product thermometers. Metal stem-type numerically scaled
indicating thermometers, accurate to !aoF (+IOC) shall be provided and used to
assure attainment and maintenance of proper temperatures during preparation of
all potentially hazardous foods.
(7) Thawing potentially hazardous foods. Potentially hazardous
foods shall be thawed:
(A) in refrigerated units at a temperture not to exceed 450F
(70C) ;
(B) under potable running water at a temperature of 700F
(210C) or below, with sufficient water velocity to agitate and float off loose
food particles into the overflow and for a period not to exceed that
reasonably required to thaw the food;
(c) in a microwave oven only when the food will be immediately
transferred to conventional cooking units 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.
(I) Potentially hazardous foods. Potentially hazardous foods shall
be held at an internal temperature of 450F (70C) or below or at aD internal
temperature of l400F (600C) or higher during display, except that rare roast
beef which is offered for sale hot shall be held at a temperature of at least
1300F (550C).
(2) Frozen foods. Foods intended for sale in a frozen state shall
be displayed at an air temperature of OOF (-ISOC) or below, except for defrost
cycles and brief periods of loading or unloading. Frozen foods should be
displayed below or behind product food lines according to cabinet
manufacturers' specifications.
(3) Food display.
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(A) Food on display, other than whole, unprocessed raw fruits
and unprocessed raw vegetables, shall be protected from contamination by being
packaged, by display cases, by covered containers for self-service, or by
similar protective equipment. All food shall be displayed above t~e floor in
a manner that will protect the food from contRmination. Hot or cold food
units shall be provided to assure the maintenance of potentially hazardous
food at the required temperature during display. Potentially hazardous food
shall not be provided for consumer self-service except in salad bar operations
intended for individual portion service.
(B) ~ulk foods shall be dispensed only from product modules
which are protected by close fitting, individual covers. If opened by the
customer, the covers shall be self-closing and shall remain closed when not in
use.
(c) Customer access to bulk food in product modules shall be
limited and controlled to avoid the introduction of contaminants. Means
considered suitable include, but are not limited to:
(i) providing a produc t module depth of no more than 18
inches {457 millimeters (mm)), and
(ii) either locating product modules with access from the
top so that there is at least 30 inches (762 mm) between the access point and
the floor; or, if the product module access point is less than 30 inches (762
mm) off the floor, providing access from the side or at an angle provided that
when the product module is open, the cover extends across the surface of the
product and provides overhead protection.
(4) Dispensing utensils. To avoid unnecessary manual contact with
the food, suitable dispensing utensils and single-service articles shall be
used by employees. Consumers who serve themselves bulk food shall be provided
suitable dispensing utensils. Manual contact of bulk foods by the customer
during dispensing shall be avoided. Methods considered suitable are:
(A) mechanical dispensing devices including gravity
dispensers, pumps, extruders and augers;
(B) manual dispensing utensils including tongs, scoops, ladles
and spatulas; and
(e) wrapping or sacking.
(D) If the dispensing devices and utensils listed in
Subparagraphs (A) and (B) of this paragraph do not prevent manual customer
contact with certain bulk foods, then these foods must be wrapped or sack.ed
prior to display.
(E) Manual dispensing utensils listed in Subparagraph (B) of
this paragraph shall be protected against becoming contaminated and serving-
as vehicles for introducing contamination into bulk food. Means considered
suitable include, but are not limited to:
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(i) using a tether which is constructed of easily
cleanable material, is of such length that the utensil cannot contact the
floor, and is designed to prevent interference with the requirement for close
fitting covers, or
(ii) storing the utensil in a sleeve or protective housing
attached or adjacent to the display unit when not in use, or
,(iii) utilizing a utensil designed so that the handle
cannot contact the product if left in the product module.
spatulas used in
shall be stored
produc t module.
(iv) Since it is not practical to store ladles and
other than dry foods in sleeves or protective housings, they
in the food with handles extending to the outside of the
Handles shall not prevent lids from being self-closing.
(v) Storing the utensil in running potable water.
(S), Food sample demonstrations and food promotions. When food
sample demonstrations and food promotions are authorized in the retail food
store, the person in charge shall ensure that such activities comply with the
applicable sanitation provisions of these rules.
(f) Food transportation by the retail food store. Food, other than
hanging primal cuts, quarters, or sides of meat, and raw fruits and raw
vegetables, shall be protected from contamination by use of packaging or
covered containers while being transported., All food being transpo,rted shall
meet the applicable requirements of these rules relating to food protection
and food storage. Foods packaged in immediate closed containers do not need
to be overwrapped or covered ,if the immediate closed containers have not been
opened, torn, or broken.
S229.233. Personnel.
(a) Employee health. 190 employee, 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 affected with a boil, an infected
wound, or an acute respiratory infection, shall work in a retail food store 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.
(b) Personal cleanl ioess. Employees engaged in food preparation and
ware washing operations shall thoroughly wash their hands and the exposed
portions of their arms with soap or detergent and warm water before starting
work; after smoking, eating, or using the toilet; before and after handling
raw meat, or raw poultry, or raw seafood; and as often as is necessary during
work to keep them clean. Employees shall keep their fingernails trimmed and
clean.
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(c) Clothing.
(l) Employees shall wear clean outer clothing.
(2) f.mployees shall use effective hair restraints where necessary
to prevent the contamination of food or food-contact surfaces.
(d) Employee practices.
(I) Employees shall maintain a high degree of personal cleanliness
and shall conform to good hygienic practices during all working periods.
(2) Employees shall consume food, beverages, or use tobacco only in
designated areas. Such designated areas must be located so that the eating,
drinking, or tobacco use of an employee does not result in contamination of
food, equipment, or utensils.
S229.234. Equipment and utensils.
(a) Materials. Multi-use equipment and utensils shall be constructed and
repaired with safe materials, including finishing materials; shall be
corrosion resistant and shall be nonabsorbent; and shall be smooth, easily
cleanable, and durable under cond i t ions of norm al use. Single-service
articles shall be made from clean, sanitary, safe materials. Equipment,
utensils, and single-service articles shall not impart odors, color, taste,
nor contribute to the contamination of food. Product modules and utensils
shall be constructed of safe materials; and shall be corrosion resistant,
nonabsorbent, smooth, easily cleanable and durable under conditions of normal
use.
(1) Solder. If solder is used, it shall be composed of safe
materials and be corrosion resistant.
(2) Wood. Hard maple or equivalent nonabsorbent wood that meets
the general requirements set forth in this subsection may be used for cutting
blocks, cutting boards, and bakers' tables. Wood shall not be used as a food-
contact surface under other circumstances, except for contact with raw fruits,
raw vegetables, and nuts in the shell.
(3) Plastics and rubber materials. 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 warewashing methods, and which meet the general requirements set forth
in this subsection are permitted for repeated use.
(4) Cutting surfaces. Cutting surfaces subject to scratching and
scoring must be resurfaced so as to be easily cleaned, or be discarded when
these surfaces can no longer be effectively cleaned and sanitized.
(5) Single-service articles.
Single-service articles shall not be
reused.
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(6) Single-use articles. Single-use articles shall not be reused.
(b) Design and fabrication.
(I) 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 denting, buckling, pitting, chipping, and crazing.
As a general principle, the specifications for design and fabrication of
equipment should maintain uniformity with equipment design criteria found in
food codes and national equipment standards.
(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 used
for cooking. Threads shall be designed to facilitate cleaning; ordinary "V"
type threads are prohibited in food-contact surfaces, except that in equipment
such as ice makers, hot oil cooking equipment, or hot oil filtering systems,
such threads shall be minimized.
(B) Equipment containing bearings and gears requiring
lubricants not made of safe materials shall be designed and constructed so
that the lubricant cannot leak, drip, or be forced into food or onto food-
contact surfaces. Equipment designed to receive lubrication of bearings and
gears on or within food-contact surfaces shall be lubricated with materials
meet~ng the requirements of 21 CFR 178.3570, Code of Federal Regulations,
Title '2'1, Parts 170 to 199.
(c) Sinks and drain boards shall be sloped to drain and be
sel f-draining.
(D) Product modules, lids, dispensing units and utensils shall
be designed and fabricated to meet the requirements for food-contact surfaces.
(2) Accessibility. Unless designed for in-place cleaning, food-
contact surfaces shall be accessible for cleaning and inspection:
(A) without being disassembled;
(E) by disassembling without the use of tools; or
(c) by easy disassembling with the use of only simple tools,
such as mallets, screwdrivers, or open-end wrenches which are kept near the
equipment.
(D) Ind ividual produc t modules shall be designed to be easily
removable from the display unit for servicing unless the modules are so
designed and fabricated that they can be effectively cleaned (and sanitized
when necessary) through a manual in-place cleaning procedure that will not
contaminate or otherwise adversely affect bulk food or equipment in the
adjoining display area.
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(3) Cleaned ,in place (CIP). Equipment designed and construc ted for
CIP shall meet requirements equivalent to those contained in the Department's
Rules on Food- Service Sanitation, ~229.165{b) (3) of this title (relating to
Equipment and Utensils).
(4) Food product thermometers. Indicating thermometers required
for immersion into food or cooking media shall be of metal stem-type
construction, numerically scaled, and accurate to .!.2~ (+lOC).
(S) Nonfood-contact surfaces.
(A) Surfaces of equipment not intended for contact with food,
but which are exposed to splash or food ~ebris 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.
(B) Surfaces of product module display units, tethers, and all
display equipment not intended for food-contact, but which are exposed to
splash, food debris or other soiling, shall be designed and fabricated to be
smooth, cleanable, durable under conditions of normal use and free of
unnecessary ledges, projections or crevices.
(c) Tethers shall be designed to be easily removable from the
products module for cleaning.
(D) The materials for nonfood-contact surfaces shall be
nonabsorbent or made nonabsorbent by being finished and sealed with a
cleanable coating.
(6) Ventilation hoods. Ventilation hoods and devices, where
installed, 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.
(7) Maintenance of equipment and utensils. All equipment and
utensils shall be maintained in good repair to comply with the requirements of
thi s code.
(c) Equipment installation and location.
(l) General. Equipment, including ice makers and ice storage
equipment, shall not be located under exposed or unprotected sewer lines,
water lines that are leaking or on which condensed water has accumulated, open
stairwells, or other sources of contamination.
(2)' Table-mounted equipment.'
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(A) Table-mounted equipment shall be installed to facil itate
the cleaning of the equipment and the adjacent areas.
(B) Equipment that is mounted 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 (I02 mm) clearance between the table or counter,
except that if no part of the table under the equipment is more than 18 inches
(457 mm) from cleaning access, the clearance space shall be three inches (76
mm) or more; or if no part of the table under the equipment is more than three
inches (76 mm) from cleaning access, the clearance space shall be two inches
(51 mm) or more.
(c) Equipment is portable within the meaning of subparagraph
(B) of this paragraph if:
(i) it is small and light enough to be moved easily by one
person;
(ii) it has no utility connection, has a,utility connection
that disconnects quickly, or has a flexible utility connection line of
sufficient length to permit the equipment to be moved for easy cleaning;
(iii) it is table-mounted, such as powered mixers, grinders,
sl icers, tenderizers, and similar equipment, which does not exceed SO pounds
(36 kilograms (kg)), or which is equipped with a mechanical means of safely
tilting the unit for cleaning.
(3) Floor-mounted equipment.
(A) Floor-mounted equipment, unless easily moveable, shall be:
(i) sealed to the floor; or
(ii) elevated on l~gs to provide at least a six inch (152
mm) clearance between the floor and equipment, except that equipment may be
elevated to provide at least a four inch (102 mm) clearance between the floor
and equipmen t if no part 0 f the floor under the equi pmen tis more than six
inches (l52 mm) from cleaning access.
(iii) Display shelving units, display refrigeration units,
and display freezer units are exempt from the provisions of clauses {O and
(ii) of this subparagraph if they are installed so that the floor beneath the
units can be cleaned.
(B) Equipment is easily movable if:
(i) it is mounted on wheels or casters; and
(ii) it has no utility connection, 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.
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(c) Unless sufficient space is provided for easy cleaning
between, behind, and above each unit of fixed equipment, the space between it
and adjoining equipment units and adjacent walls or ceilings shall be not more
than 1/32 inch (0.8 mm) and, if exposed to seepage, the space shall be sealed.
(4) Aisles and working spaces. Aisles and working spaces between
units of equipment and between 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 dollies, skids, racks,
and open-ended pallets shall be positioned to provide accessibility to working
areas.
S229.235. Cleaning, Sanitization, and Storage of Equipment and Utensils.
(a) Equipment and utensil cleaning and sanitization.
(I) Cleaning frequency.
(A) Utensils and food-contact surfaces of equipment shall be
cleaned and sanitized as follows:
(i) each time there is a change in processing between raw
beef, raw pork, raw poultry or raw seafood, or a change in processing from raw
to ready-to-eat foods;
(ii) after any interruption of operations during which time
contamination may have occurred; and
(iii) after final use each working day.
(B) Tongs, scoops, ladles, spatulas, other appropriate
utensils and tethers used by customers shall be cleaned and sanitized at least
daily or at mqre frequent intervals based on the type of food and amount of
food particle accumulation or soiling.
(C) Product modules, lids and other equipment shall be cleaned
prior to restocking, when soiled or at intervals on a schedule based on the
type of food and amount of food particle accumulation.
(D) Where equipment and utensils are used for the preparation
of potentially hazardous foods on a continuous or production-line basis,
utensils and the food-contact surfaces of equipment shall be cleaned and
sanitized at intervals throughout the day on a schedule based on food
temperature, type of food, and amount of food particle accumulation.
(E) The food-contact surfaces of cooking devices and the
cavities and door seals of microwave ovens shall be cleaned at least once each
day of use, except that this shall not apply to hot oil cooking equipment and
hot oil filtering systems. The food-contact surfaces of all baking equipment
and pans shall be kept free of encrusted grease deposits and other accumulated
soil.
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(F) Food-contact surfaces shall be cleaned and sanitized
immediately if contamination is observed or suspected.
(c) Nonfood-contact surfaces of equipment, including transport
vehicles, 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 or sponges used for w1p1ng food spills on food-
contact surfaces of equipment shall be clean and rinsed frequently in one of
the sanitizing solutions permitted in paragraph (3)(C) of this subsection and
used for no other purpose. These cloths and sponges shall be stored in the
sanitizing solution between uses.
(B) Cloths or sponges used for cleaning nonfood-contact
surfaces of equipment shall be clean and rinsed as specified in subparagraph
(A) of this paragraph and used for no other purpose. These cloths and sponges
shall be stored in the sanitizing solution between uses.
(c) Single-service disposable towels are permitted in lieu of
wiping cloths or sponges if they are discarded after each use.
(3) Manual cleaning and sanitizing.
(A) Facilities and/or equipment shall be available, either in
a servicing area or in place, to provide for proper cleaning and sanitizing of
all food-contact surfaces including product modules, lids and dispensing
utensils.
(B) For manual cleaning and sanitizing of equipment and
utensils, a sink with two or three compartments shall be provided and used.
Sink compartments shall be large enough to accommodate the immersion of most
equipment and utensils, and each comp,artment of the sink shall be supplied
with hot and cold potable running water. Where immersion in sinks is
impracticable (e.g., because equipment is too large), equipment and utensils
shall be cleaned and sanitized manually or by pressure spray methods.
(e) Drain boards or easily moveable utensil tables of adequate
size shall be provided for proper storage and handling of soiled utensils
prior to cleaning and for cleaned utensils following sanitizing and shall be
located so as not to interfere with proper use of the warewashing facilities.
- '
(D) Equipment and utensils shall be preflushed or prescraped
and, when necessary, presoaked to remove food particles and soil.
(E) The sinks shall be cleaned before use.
(F) When a three-compartment sink is utilized for warewashing,
the operation shall be conducted in the following sequence:
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{O equipment and utensils shall be thoroughly cleaned in
the first compartment with a hot detergent solution that is kept clean and at
a concentration indicated on the manufacturer's label;
(ii) equipment and utensils shall be rinsed free of
detergent and abrasives with clean water in the second compartment; and
(iii) equipment and utensils shall be sanitized in the third
compartment according to one of the methods included in subparagraph (H) of
this paragraph.
(G) When a two-compartment sink is utilized for warewashing, a
three step sanitization sequence must be followed which is acceptable to the
regulatory authority.
(H) The food-contac t sur faces 0 fall equi pment and utensil s
shall be sanitized by one of the following methods:
(i) immersion for at least l/2 minute in clean, hot water
of a temperature of at least 1700F (nOe);
(ii) immersion for at least I minute in a clean solution
containing at least 50 parts per million of available chlorine as a
hypochlorite and having a temperature of at least 750F (240C);
(iii) immersion for at least 1 minute in a clean solution
containing at least 12.5 parts per million of available iodine, having a pH
range which the manufacturer has demonstrated to be effective and at a'
temperature of at least 75~ (240C);
(iv) immersion for at least' I minute in a clean solution
containing 200 parts per million of a quaternary ammonium compound and having
a temperature of at least 75~ (240C). The quaternary ammonium compound used
shall have been compounded by the manufacturer to assure effectiveness in
waters up to 500 parts per million hardness at use concentration;
(v) Immersion in a clean solution containing any other
chemical sanitizing agent allowed under 21 CFR 178.1010, Code of Federal
Regulations, Title 21, Parts 170 to 199, 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 750F (240C)
for I minute;
(vi) Treatment with steam free from materials or additives
other than those specified in 21 CFR 173.310, Code of Federal Regulations,
Title 21, Parts 170 to 199, in the case of equipment too large to sanitize by
immersion, but in which steam can be confined; or
(vii) pinsing, spraying, or swabbing with a chemical
sanitizing solution of at least twice the strength required for that
particular sanitizing solution under clauses (ii), (iii), and (v) of this
subparagraph in the case of equipment too large to sanitize by immersion.
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(r) When hot water is used for sanitizing, the following
equipment shall be provided and used:
(i) an integral heating device or fixture installed in,
on, or under the sanitizing compartment of the sink capable of maintaining the
water at a temperature of at least 1700F 070C);
(ii) a numerically scaled indicating thermometer, accurate
to ~30F (~IOC) convenient to the sink for frequent checks of water
temperature; and
(iii) utensil racks or baskets of such size and design to
permit complete immersion of utensils and equipment in the hot water.
(J) When c hem ic al s are used for ,sani t i za t ion, they sha II not
have' concentrations higher than the maximum permitted under 21 CFR 178.1010,
Code of Federal Regulations, Title 21, Parts 170 to 199, and a test kit or
other device that measures, the parts per million concentration of the solution
shall be provided and used.
(4) Mechanical cleaning and sanitizing.
(A) Facilities, and/or equipment shall be available, either in
a serv1c1ngarea or in place, to provide for proper cleaning and sanitizing of
all food-contact surfaces including product modules, lids and dispensing
utensils.
(B) Mechanical cleaning and sanitizing equipment and practices
shall conform to the provisions contained in the Department's Pules on Food
Service Sanitation, S229.166{a) (4) of this title (relating to Cleaning,
Sanitation and Storage of Equipment and Utensils).
(5) Drying. Unless used immediately after sanitization all
equipment and utensils shall be ai! dried. Towel drying shall not be
permitted.
(6) Retail food stores without equipment and utensil cleaning
facilities. Retail food stores that do not have facilities for proper
cleaning and sanitizing of utensils and equipment shall not prepare or package
food or dispense potentially hazardous food or unpackaged food other than raw
fruits and raw vegetables.
(b) Equipment and utensil handling and storage.
(I) Handling. Cleaned and sanitized equipment and utensils shall
be handled in a way that protects them from co~tamination.
(2) Storage.
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(A) Cleaned and sanitized utensils and equipment shall be
stored at least six inches (IS2 mm) above the floor in a clean, dry location
in a way that protects them from splash, dust, and other means of
contamination. The food-contact surfaces of fixed equipment shall also be
protected from contamination. Equipment and utensils shall not be placed
under exposed or unprotected sewer lines, or water lines that are leaking or
on which condensed water has accumulated.
(B) Utensils shall be a1r dried before being stored or shall
be stored in a self-draining position.
(c) Stored utensils shall be covered or inverted wherever
practical.
(3) Single-service articles.
(A) Single-service articles shall be stored in closed cartons
or containers at least six inches (l52 mm) above the floor or on easily
movable dollies, skids, racks, or open-ended pallets. Such storage shall
protect the articles from contamination. and shall not be located under exposed
or unprotected sewer lines, or water lines that are leaking or on which
condensed water has accumulated.
(B) Single-service articles shall be hand led in a manner that
prevents contamination of surfaces that may come in contact with food.
(e) Take-home containers (bags, cups, lids, etc.) provided in
the display area for customer use shall be stored and dispensed in a sanitary
manner.
(4) Prohibited storage areas.
service articles shall not be stored in
vestibules, garbage rooms, or mechanical
Food equipment, utensils, or single-
locker rooms, toilet rooms or their
room s.
S229.236. Sanitary Facilities and Controls.
(a) Water supply.
(l) General. Sufficient potable water for the needs of the retail
food store shall be provided from a source constructed, maintained, and
operated according to law.
(2) Water delivery. All potable water not provided to the retail
food store directly from tbe source by pipe shall be delivered in a bulk water
transport system and shall be transferred to a closed water system. Both of
these systems shall be constructed, maintained, and operated according to law.
(3) Water under pressure. Water under pressure at the required
temperatures shall be provided to, all fixtures and equipment that use water.
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(4) Steam. Steam used in contact with food or food-contact
surfaces shall be free from any materials or additives other than those
specified in 21 CFR 173.310, Code of Federal Regulations,' Title 21, Parts 170
to 199.
(b) Sewage - General. All sewage, including liquid wa'ste, shall be
disposed of by a public sewerage system or by a sewage disposal system
constructed, maintained, and operated according to law. Nonwater carried
sewage disposal facilities are prohibited, except as permitted by the
regul atory authority.
(c) pl umb ing.
(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 other system containing:
(A) water of unknown or questionable origin, or
(B) contaminating or polluting substances.
(2) Nonpotable water system. A nonpotable water system is
permitted for air conditioning, equipment cooling, and fire protection, and
shall be installed according to law. Nonpotable water shall not directly or
indirectly contact food or equipment or utensils that contact food. 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 system inlet is not provided
between the water supply inlet and the fixture's flood level rim. No hose
shall be at~ached to a faucet that is not equipped with a backflow prevention
device. .
(4) Grease traps. Grease traps, if used, shall be located to be
easily accessible for cleaning.
(5) Garbage grinders. Garbage grinders, if used, 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 warewashing machine is located within five feet {I52 centimeters (cm))
of a trapped floor drain, the warewasher waste outlet may be connected
directly on the inlet side of a properly vented floor drain trap if permitted
by 1 aWl
(d) Toilet facilities.
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(I) Toilet installation. Toilet facilities shall be installed
according to law, shall be at least one and not less than 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, except for screened
louvers that may be necessary for ventilation systems.
(4) Toilet facility maintenance. Toilet facilities, including
toilet fixtures and any related vestibules, 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 receptacle.
(e) Handwashing .facilities.
(I) Handwashing facility installation. Handwashing facilities
shall be installed according to law, shall be at least one and not less than
the number required by law, and shall be conveniently located to permit use by
all em ployee s in food pre para tion and ware washing areas. Hand washing
facilities shall be accessible to employees at all times. Handwashing
facilities shall also be located in or immediately adjacent to toilet rooms or
their vestibules. Sinks used for food preparation or for warewashing shall
not be used for washing of hands or for any other purpose.
(2) Handwashing facility faucets. Each handwashing facility shall
be provided with hot and cold water tempered by means of a mixing valve or
combination faucet. Any self-closing, or metering faucet used shall be
designed to provide a flow of water for at least 15 seconds without the need
to reactivate the faucet. Steam mixing valves are prohibited at hand washing
fac ili ties.
(3) Handwashing supplies. A supply of hand-cleansing soap or
detergent shall be available at each handwashing facility. A supply of
sanitary towels or a hand-drying device providing heated air shall be
conveniently located near each handwashing facility. Common towels are
prohibited. If disposable towels are used, easily cleanable waste receptacles
shall be conveniently located near the hand washing facilities.
(4) Handwashing facility maintenance. Handwashing facilities, soap
or detergent dispensers, hand-drying devices, and all related facilities shall
be kept clean and in good repair.
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(5) Handwashing availa~le at bulk food display area. ~hen
handwasbing facilities are ,not available at th~ bulk food display area,
customers, upon request, are permitted access to handwas~ing facilities
located in employee restroom{s), provided that access to employee restrooms
does not allow customers into unauthorized areas such as the meat mar~et,
bakery, and delicatessen. Accessibility may be required by State or local
authority.
(6) \Jaste receptacle(s). When sanitary paper towels or disposRble
towelettes are provided, easily cleanable waste receptacle{s) shall be
conveniently provided in the display area.
(f) Garbage and refuse.
(I) Containers.
(oA) GRrbage and refuse shall be held in durable, easily
cleanable, insect-~esistant, and rodent-resistant containers that do not lea~
and do not absorb liquids. Plastic bags and wet strength paper bags may be
used to line these containers. Such bags and durable plastic garbage and
refuse containers may be used for storage 'inside the retail food store.
(B) Containers used in food preparation and utensil washing
areas shall be kept covered during nonworking hours and after they are filled.
(c) Containers stored outside the establishment, including
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 tim~s, 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. Ruitable facilities,
detergent, and hot water or stearn, shall be provided and used for cleaning
containers. Liquid waste from compacting or cleaning operations shall be
disposed of as sewage.
(2) Storage.
(A) Garbage and refuse on the prewises shall be stored in a
manner to make them inaccessible to insects and rodents. Outside storage of
nonrodent-resistant plastic containers, unprotected plastic bags, wet strength
paper ha~s, or baled units which contain garbage or refuse is prohibited.
Cardboard or other packaging material not containing garbage or food wastes
need not be stored in covered containers.
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(B) Garbage or refuse storage rooms, if used, shall be
constructed of easily cleanable, nonabsorbent, washable materials, shall be
kept clean, shall be insect an4 rodent resistant, and shall be large enough to
store all the garbage and refuse containers necessitated by disposal pick-up
frequency.
(c) Outside storage areas or enclosures, if used, shall be
kept clean and shall be large enough to store all the garbage and refuse
containers necessitated by disposal piCk-up frequency. 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.
(J) ni sposa1.
(A) Garbage and refuse shall be disposed of often enough to
prevent the development of objectionable odors and the attraction of insects
and rodents.
(B) Where garbage or refuse is burned on the premises, it
shall be done by controlled incineration in accordance with law. Areas around
incineration units shall be kept clean and orderly.
(g) Insect and rodent control.
(I) General. Effective measures shall be utilized to minimize the
entry, presence, and propagation of rodents, flies, cockroaches, or other
insec ts. The premises shall be main tained in a cond i tion tha t prevents the
harborage or feeding of insects or rodents.
(2) Openings. Openings to the outside shall be effectively
protected against the entry of rodents. Outside openings shall be protected
against the entry 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, skylights, transoms, intake
and exhaust air ducts, and other openings to the outside shall be tight-
fitting and free of breaks. Screening material shall be not less than 16 mesh
to the inch.
S229.237. Construction and Maintenance of Physical Facilities.
(a) Floors.
(1)' Floor construction.
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(A) Except as specified in paragraph (2) of this subsection,
floors and floor coverings of all food preparation, food storage, and
warewashing areas, and the floors of all walk-in refrigerators, dressing
rooms, locker rooms, toilet rooms and vestibules, shall be constructed of
smooth durable material such as sealed concrete, terrazzo, quarry tile,
ceramic tile, durable grades of vinyl asbestos or plastic tile, or tight-
fitting wood impregnated with plastic, and shall be maintained in good repair.
Nothing in this section shall prohibit the use of anti-slip floor covering in
areas where necessary for safety reasons.
(B) Floors which are water flushed or which receive discharges
of water or other fluid wastes or are in areas where pressure spray methods
for cleaning are used, shall be provided with properly installed trapped
drains. Such floors shall be constructed only of sealed concrete, terrazzo,
quarry tile, ceramic tile, or similar materials and shall be graded to drain.
(c) In all establishments utilizing concrete, terrazzo, quarry
tile, ceramic tile, or similar flooring materials or 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 be coved so as not to present an open seam of more than 1/32 inch (0.8
rom).
(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. Carpeting shall not be used in food preparation
,and warewashing areas, in food storage areas, or in toilet room areas where
urinals or fixtures are located.
(3) Prohibited flqor covering. Sawdust, wood shavings, granular
salt, baked clay, diatomaceous earth, or similar materials shall not be used
as floor coverings; however, these materials may be used in amounts necessary
for immediate spot clean-up of spills or drippage on floors.
(4) Mats and duckboards. Mats and duckboards shall be of
nonabsorbent, grease resistant materials, and of such size, design, and
construction to facilitate cleaning and shall be maintained in good repair.
(5) 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. Utility service lines and pipes installed through the floor
shall be effectively sealed so as not to present an open space. In all new or
extensively remodeled establishments, installation of exposed horizontal
utility service lines and pipes on the floor is prohibited.
(b) Walls and ceilings.
(1) }!.aintenance. Walls and ceilings, including doors, windows,
skylights, and similar closures, shall be maintained in good repair.
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(2) Construction. The walls, wall coverings, and ceilings of walk-
in refrigeration units, food preparation areas, warewashing areas, and toilet
rooms and their vestibules ,shall be smooth, nonabsorbent, and easily
cleanable. Concrete or pumice blocks and bricks used for interior wall
construction in these locations shall be finished and sealed to provide a
smooth easily cleanable surface.
(3) Exposed construction. Studs, joists, and rafters shall not be
exposed in those areas listed in paragraph (2) of this subsection. If exposed
in other rooms or areas they shall be finished to provide a cleanable surface.
(4) Utility line installation. Utility service lines and pipes
shall not be unnecessarily exposed on walls or ceilings in those areas listed
in paragraph (2) of this subsection. Exposed utility service lines and pipes
shall be installed in a way that does not obstruct or prevent cleaning of the
walls and ceilings. Utility service lines and pipes installed through walls
and ceilings shall be effectively sealed so as not to present an open space.
(5) Attachments. Light fixt~res, vent covers, wall mounted fans,
decorative materials, and similar attachments to walls and ceilings shall be
easily cleanable and shall be maintained in good repair.
(6) Covering material installation. Wall and ceiling covering
materials shall be attached and sealed in a manner to be easily cleanable.
(c) Cleaning physical fac il ities.
(I) General. Cleaning of floors, walls, and ceilings shall be done
as often as necessary, but preferably during periods when'the least amount of
food is exposed, such as after closing. Only dustless methods of cleaning
floors, walls, and ceilings shall be used, iuch as vacuum cleaning, wet
cleaning, treated dust mops, or the use of dust-arresting sweeping compounds
with brooms. Floors, mats, duckboards, walls, ceilings, and attachments
(e.g., light fixtures, vent covers, wall mounted fans, and similar equipment),
and decorative materials (e.g., signs and advertising materials) shall be kept
clean.
(2) Service sinks. At least one service 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. Handwashing or warewashing facilities, or food
preparation sinks shall not be used for this purpose.
(d) Lighting.
(1)
General.
installed to
surfaces and
(A) Permanently fixed arti fic ial I ight sources shall be
provide at least 50 foot candles of light on all food preparation
at warewashing work levels.
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(B) Permanently fixed artificial light sources shall be
installed to provide, at a distance of 30 inches (762 mm) from the floor:
(i) at least 30 foot candles of light in sales areas,
utensil and equipment storage areas, and in handwashing and toilet areas; and
(ii) at least 20 foot candles of light in walk-in
refrigeration units, dry food storage areas, and in all other areas.
(2) Protective shielding.
(A) Lamps located over or within food storage, food
preparation, and food display facilities, and facilities where utensils and
equipment are cleaned and stored shall be shielded, coated or otherwise
shatter resistant.
(B) Infrared 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.
(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, shall not create a harmful
or unl awful discharge. In take and exhaust air duc ts shall be main tained to
prevent the entrance of dust, dirt, and other contaminating materials.
(f) Dressing rooms and locker areas.
(I) 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, food storage, food display, warewashing, or storage of utensils
and equipment.
(2) Locker areas. 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 only be located in the
designated dressing rooms or areas or, in food storage rooms or areas
containing only completely packaged food or packaged single-se7vice articles.
(g) Poisonous or toxic materials.
(1) Materials permitted. Only those poisonous or toxic materials
necessary and intended for the maintenance of the establishment, including the
cleaning and sanitization of equipment and utensils, and the control of
insects and rodents, shall be present in retail food stores, except those
items being stored or displayed for retail sale as described in paragraph (5)
of this subsection.
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(2) Labeling of materials. Containers of poisonous or toxic
materials necessary for operational maintenance of the establishment shall be
prom inen tly and d istinc tly 1 a'bel ed in accord ance wi th 1 aWl Small working
containers of bulk cleaning agents shall be individually labeled for easy
identification of contents.
(3) Storage of materials. Poisonous or toxic materials necessary
for the maintenance of the establishment consist of the following two
categories:
(A) Insecticides and rodenticides;
(B) Detergents, sanitizers, related cleaning or drying agents,
and caustics, acids, polishes, and other chemicals.
(c) Materials in subparagraphs (A) and (B) of this paragraph
shall be stored and located to be physically separated from each other; shall
be stored in cabinets or in similar physically separated compartments or
facilities used for no other purpose; and, to preclude potential contamination
shall not be stored above or intermingled with food, food equipment, utensils,
or single-service articles, except that this latter requirement does not
prohibit the convenient availability of detergent sanitizers, or sanitizers at
warewashing facilities.
(4) Use of materials.
(A) Sanitizers, 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 material s shall not be used in a way
that contaminates food, equipment, or utensils, nor in a way other than in
full compliance with the manufacturer's labeling.
(5) Storage and display of materials for retail sale. Poisonous or
toxic materials stored or displayed for retail sale shall be separated from
food and single-service articles by spacing, partitioning, or dividers. These
materials shall not be stored or displayed above food or single-service
articles.
(6) First-aid supplies and personal medications. Retail food store
employee first-aid supplies and personal medications shall be stored in a way
that prevents them from contaminating food and food-contact surfaces.
(h) Premises.
0) General.
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(A) Retail food stores and all parts of the property used in
connection with operations of the establishment shall be reasonably free of
litter and articles not essential to the operation or maintenance of the
establishment.
(E) The walk.ing and driving surfaces of all exterior areas of
retail food stores shall be surfaced with concrete, asphalt, or with gravel or
similar material effectively treated to facilitate maintenance and minimize
dust. These surfaces shall be graded to facilitate drainage.
(2) Living areas. No operation of a retail food store shall be
conducted in any room used as living or sleeping quarters. Retail food store
operations shall be separated from any living or sleeping quarters by complete
partitioning and solid, self-closing doors.
(3) Laundry facilities.
(A) If provided, laundry facilities in a retail food store
shall be restricted to the washing and drying of linens and 'work clothes used
in the operation. If such items are laundered on the premises, an electric or
gas dryer shall be provided and used.
(B) Separate rooms shall be provided for laundry facilities,
except that such operations maybe conducted in storage rooms containing only
packaged foods or packaged single-service articles.
(4) Linens and work clothes storage.
(A)' Clean work clothes and linens, including articles such as
wiping cloths, shall be stored in a clean place arid protected from
contamination until used.
(B) Soiled work clothes and linens, including articles such as
w1p1ng cloths, shall be kept in nona~sorbent containers or washable laundry
bags until removed for laundering and shall be stored to prevent contamination
of food, food equipment ad utensils.
(S) Cleaning equipment storage. Maintenance and cleaning tools
such as brooms, mops, vacuum cleaners, and similar equipment shall be
maintained in good repair and store~ 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.
(A) Live animals shall be excluded from within the retail food
store operational areas and from immediately adjacent areas inside the 'store
under the control of the permit holder. This exclusion does not apply to
edible fish, crustacea, shellfish, or fish in aquariums.
(i) Live or dead fish bait shall be stored separately
from food or food products.
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(ii) Patrol dogs accompanying security or police officers
shall be permitted in offices, storage areas, and outside store premises.
Sentry dogs may be permitted to run loose in-outside fenced areas for security
reasons. Guide dogs accompanying blind persons shall be permitted in sales
areas.
(B) While on duty, persons employed in the food preparation
areas of an establishment shall not care for or handle any pets, or
patrol/sentry dogs.
S229.238. Compliance Procedures.
(a) Inspections.
(I) Access. Agents of the regulatory autrority, after proper
identification, shall be permitted to enter any retail food store 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 a,nd suppl ies
purchased, received, or used, or to pers9ns employed.
(2) Report of inspection. Whenever an inspection is made of a
retail food store, the findings shall be recorded on the inspection report
form referred to in subsection (e) of this section. A copy 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 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. '
(3) 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:
(A) If an imminent health hazard exists, such as complete lack
of sanitization, refrigeration, an extended loss of water supply, an extended
power outage, or sewage backup into the establishment, the establishment shall
immediately cease affected retail food store operations and shall immediately
notify the regulatory authority. Such operations shall not be resumed until
authorized by the regulatory authority.
(,) 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 10 days.
(c)
soon as possible,
inspection.
All 1- or 2- point weighted items shall be corrected as
but in any event, by the time of the next routine
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(n) When rating score of the establ ishment is less than 60,
the establishment shall initiate corrective action on all identified
violations within 48 hours. One or more reinspections shall be conducted at
reasonable time intervals to assure correction.
(4) Examination and condemnation of food. The regulatory authority
may examine and collect samples of food as often as necessary for the
enforcem en t of the se rul es. The regul atory authori ty shall, upon wr i tten
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 Section 6, and paragraph
(2) of Section 21, Article 4476-5, Texas Civil Statutes, The Texas Food, Drug,
and Cosmetic Act.
(5) Procedure when infection is suspected. When the regulatory
authority has reasonable cause to suspect the possibility of disease
transmission from any retail food store employee, it may secure a morbidity
history of the su~pected employee or make any other investigation as may be
indicated and shall t;ake appropriate action. The regulatory authority may
require any or all of the following measures:
(A) the immediate exclusion of the employee from all retail
food stores;
(B) the immediate closing of the retail food store concerned
until, in the opinion of the regulatory authority, no further danger of
disease outbreak exists;
(c) restriction of the employee's services to some area of the
establishment where there would be no danger of transmitting disease;
(D) adequate medical and laboratory examination of the
employee, of other employees, and of the body discharges of such employees.
(b) En forcement.
(l) Penalties. Any person (or responsible agent of that person)
who operates a retail food store, and who violates any of the provi'sions of
these rules or who creates a public health hazard because of a failure to
correct the violations stated in subparagraphs (A) through (C) of this
paragraph is subject to prosecution under the provision of Article 4476-5,
Texas Civil Statutes, The Texas Food, Drug, and Cosmetic Act.
(A) All 4- or 5- point violations within the time specified by
the regulatory authority.
(B) Violations of these rules within a specified time when the
retail food store rating score falls below 60.
(C) Repeated violations of the same provisions of these rules.
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(2) Injunctions. The rep.ulatory authority way seek to enjcin
violators of these rules ul'der the provisions of Article 4476-5. Texas Civi 1
St2tutes, The Texas Food, Drug and Cosmetic ftct.
(c) Inspection report form. The Department adopts by refere~ce the
DepartlI'ent Form entitled, "Petail Food Store Inspection Peport", described in
subsection (a) (2) of this section and available in the Department's Food and
Drug Division Office, 1100 West 69th Street, ~ustin, Texas, 7~756.
~229.239. Enactment Provis ions.
(a) Exceptions.
(1) Building facilities and equipment. Puilding facilities and
equipment in use before the effective date of these rules and which do not
meet fully all of the design ~nd fabrication requirements of these rules shall
be acceptable if they are in good repair, capable of being maintained in a
sanitary condition, and the food-contact surfaces (if any) are in compliance
with the definition of safe materials in S229.23Hb) of this title {relating
to General provisiol's>.
(2) New building faciliti.es and new equipment. New building
facilities and new equipment for which contractual obligations are incurred
before the effective date of these rules, and which do not fully meet all the
design and fabrication requirements of these rules shall be acceptable if they
are capable of being maintained in a sanitary condition and the food-contact
surfaces (if any) are in compliance with the definition of safe materials in
S229.231(b) of this title (relating to General Provisions).
(b) Separability. If any provision or application of any provisi on of
these rules is held invalid, that invalidity shall not affect other provisions
or applications of these rules.
33
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PURPOSE 29
IchllCk on.)
Regular. . , , 1
Follow.up , , 2
Complaint . , 3
Investlg.tlon . 4
01fler , . . _ . 5
Retail Food store
Inspection Report
e
DISTRIBOTED BY
TEXAS DEPARlMENl' OF HEAL'DI
aaHeS on an In'PlICtlon 1fll. day. tha h.m. circled balow Id.ntlfy th. vlol.tlon. In op.r.tlon. or facilitl.. which mun h. corree,e" by
th. n.xt routine In'PlICtlon or .uch .hon.r p.rlod of tlm. a. may ba 1P1IC1fled In writing by the regulatory authority. Failure to com,
ply wltfl any time IImlh for correc:tlon. .peclfled In thl. notice may re.ult in c....tlon of your R.tall Food Store operations,
Owner Name:
FOOD
Source; sound condition
Original contlllner; properly labeled
". ..,
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POt1ltltlally hazardous food maeh temperature requlreman,.
during storage, preparation. dl.play. tran.portatlon
Facilities to maintain product temperoture
Tharmom8t8r.: prOvided. conlplcuou.. accurat!'
Potentially hazardoul food properly thawed
Croll-Conrmlnatlon prevented; damaged/
Food protection during storage, preperatlon. dl.play.
disp.nsing. paCkaging. transponation
Handling of food IIc.l minimized
In usa. food dispen.lng utensils prop.rly .tored
PERSONNEL
Personnel with infection. re.tricted
Hllftdl weshed and clean; good hygienic practices
Clean cloth..; hair restraints
FOOD EQUIPMENT & UTENSILS
Food-contact surfaces: designed. constructed. main-
tained. installed. located
Non-fooct-cont8Ctlurfeces: designed, constructed. maln-
telned, Installed. located
W....weshlng facllltl..: designed. constructed, melntalned,
In_lied. loceted. operered
Accurete thermomerers .nd chemical test klh
provld8lt
P...ftu.ed. pr_r.ped. presoaked
WIIh. rinse w.ter: cl.an, proper temperatura
S.nlllzerlon rinse: cle.n, temperatur", conc.ntration,
dm.. Equipment .nd uten.i1s sanitized
Wiping cloths: cle.n, u....re.trlcted. .tored
Food-contect lurfaces of equlpm.nt and uten.lls: claan. free of
.b.....ves end detergen,.
Non-food-contllCt lurfec.. of equipment end uten.lIs clean
CI.en equlpm.nt/utenslls: storage. handling
Slngl....ervlc. .rtlcles: storage, handling
No re-use of lingle lervlce anicles
WATER
Source; lufficl.nt lupply; hot&cold; under prellure
FOLLOW-UP 74
RATING SCORE 75-77
100 less weight of ITIJ
item, violated .
Change, , , , " C
Delete , , , , " 0
Yes _ , , , , _ . .. 1
No .. _. _. _ _. 2
.Crltical lteml Requiring Immediete Anantlon,
FORM NO. E-15O .1851
Establishment Name:
ACTION 78
SEWAGE
.. Sew8lle and weste water dlspo..1
PLUMBING
Innalled. melntelned
Cross-connllCtlon. back .Iphonege. bec:kflow
TOILET &. HANDWASHING FACILITIES
Number, convenient. accessible. de.lgned. instelled
Toilet rooml: enclosed, self.closlng doors, Fixtur..: good
repelr. clean, Tissue. hend cleanser. sanltery to_ll/hand-
drying devlcel end proper waste receptecles provided
GARBAGE & REFUSE DISPOSAL
Contalnerl or receptac:les: covered, adequate number,
In.ect/rodent rell.tant, pick-up frequency. clean
OUhlde storege .rea and enc;losures: properly con.tructed.
cleen; controlled incineration
INSECT, RODENT, ANIMAL CONTROL
Presence of Insects/rodents; outer openings protected; no
enlmall
FLOORS, WALLS & CEILINGS
Floors: constructed. drained. clean. good repair. covering.
Installation. dUltless method.
Wall., ceilings: anached equipment. constructed, clean.
good repair, surfaces. Installation, dustless methods
LIGHTING
"" Lighting provided as required; flxtUrBS shielded
VENTILATION
. ~~.. Room. and equif,Jn1ent vented 81 required
DRESSING ROOMS
Room.. area. lockers: provided, located, used
OTHER OPERATIONS
Toxic Items: nece.sary; properly stored, labeled, used
Premises maintained free of litter, unnecessary articles;
cleaning maintenance equipment properly stored
Complete separation from living/Sleeping quarters, laund. \'
Claan, soiled Iinell properly stored
Received by: name
title
Inspected ~y: namB
title
Use Reverse for Remarks
~
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'~~lt~f:tj~~t}t\~t.~m ?~~~:~::~:~~::::;~;:::::.:.:::t::::::
:.;::~.::~::~~::::.:.;::.:::.::.~. ....... .
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FRANCINE JENSEN. M.D., M.P.H,
DIRECTOR
HARRIS COUNTY HEALTH DEPARTMENT
2370 RICE BOULEVARD, BOX 25249
HOUSTON, TEXAS 77005
(713) 526-1641
November 15, 1978
Mayor J.J. Heza
City of LaPorte
Box 1115
LaPorte, Texas 77571
Dear Mayor Meza:
As of January 1, 1979, health certificates for food handlers will
no l~nger be'required. A Sanitary Food Service Training Course
will be initated'in lieu of the health certificates.
Ou~ goal is to reach all food establishments in the unincorporated
areas as '.lell as the satellite cities in Harris County,. This pro-'
-
gram tl7i 11 be di.rected to mmers, managers, or supervisors who w'i1l
be responsi.ble for training thei'r employees in food sanitation.
If you have any questions, please contact Mr. Joe F. Schillaci, R.S.,
Supervisor of Environmental Health Section, at' 526-1221~
Very truly yours, )
~J---- - (J h ..L/
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Francine Jens~; M.n.
Director
FJ/dc
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KNOX W. ASKINS, '-'. D.
ATTORNEY AT LAW,
702 W, f'AIRMONT PARKWAY
P. O. BOX i218
LA PORTE. TEXAS 77571
GAIl. oJ, HAMII.TON, oJ, D.
ASSOCIATE
TELEPHONE
713 471-1886
March 13, 1979 '
Honorable Mayor and City Commissioners of La Porte
City Hall
P.O. BOX 1115
La Porte, Texas 77571
Re: Food Establishments Ordinance
Dear Mrs. Cline and Gentlemen:
As you know, the State of Texas now'no longer requires health
cards. A municipality may, however, continue the requirement
if it so chooses.
Because of the manner in which the City of La Porte's
provision concerning health certificates was passed in 1957,
the Commission will need to take positive action if it
chooses to retain the requirement for health certificates.
Such an Qrdinance would be basically a copy of the Repealed
State Statute.
The Commission may wish also to consider a somewhat different
means of regulating the sanitation at food establishments, by
imposing stand~rds by which the places are to be kept clean,
how the food is to be kept, and training for the personnel,
in addition to,the bare requirement of a 'health card.
To facilitate your consideration of such, I have enclosed
a summary of the seventy-one page City of Houston Food
Establishments Ordinance. This ordinance represents a large
number of hours of work by the City of Houston, and appears
to be fairly comprehensive. It states regulations for food
establishments in an easily readable form, which could be
used to serve two purposes; 1. To let restaurant owners know
what the minimal standards should be, and 2. To provide a
specific means by which the City of La Porte can enforce
standards of cleanliness.
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Honorable Mayor and City Commissioners
La Porte, Texas 77571
March 13, 1979
Page 2
If the Commission chooses to adopt an ordinance similar to
Houston's Food Establishments Ordinance, at least two
adaptations should be made, those being who should inspect
the establishments and how the managers are to be trained.
Houston has a separate health department which inspects the
establishments, trains managers and enforces the ordinance.
In a city of the size of La Porte, it may be more practical
for an existing department to make inspections and enforce
the ordinance. Our ordinance could require that managers
take the training course offered free of charge by Harris
County, rather than setting up a training course for La Porte.
If there are any further questions in this matter, please
let me know.
Yours very truly,
Gail J. Hamilton
GJH/bw
cc: Jim Hudgens
City Administrator
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PAGE
1
6
7
9
9
10
11
14
16
18
18
18
19
20
25
26
29
32
33
34
34
36
36
37
39
39
41
42
SECTION
19-18
19-19
19-20
19-21
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SUMMARY OF CITY OF HOUSTON
FOOD ESTABLISHMENTS ORDINANCE
Definitions
Penal clause
Inspection to be made every six months,
including power to examine records concerning
purchases of supplies
Detailed listing of sanitation standards
Item 1,- Food supplies
Item 2 - Food prptection
Item 3 - Food storage
Item 4 - Food preparation
Item 5 - Food display and service
Item 6 - Food transportation
Item 7 - Employee Health
Item 8 - Person~l Cleanliness
Item 9 - Employee Practices
Item 10 - Equipment and utensils
Item 11 - Equipment and utensils cleaning
and sanitation
Item 12 - Manual cleaning and sanitizing
Item 13 - Mechanic,al cleaf1~ng and sanitizing,
Item 14 - Equipment and utensils storage
Item 15 -,W~ter Supp~y
Item 16 - Sewage
Item 17 - Plumbing
Item 18 - Toilet facilities'
Item 19
Laboratory facilities
Item 20 - Garbage and refuse
Item 21 - Insect and rodent control
Item 22 - Floors
Item 23 - Wall and ceilings
Item 24 - Lighting
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Summary of City of Houston
Food Establishments Ordinance
Page 2
PAGE
SECTION
43
Item 25 - Ventilation
43
Item 26 - Dressing rooms and locker areas
44
45
47
Item 27 - Poisonous or toxic materials
Item 28 -'Premises
19-22
Sets standards for mobile food units which
operate out of a central commissary
5G
19-23
Makes provision for temporary food service
establishments, that i~ places which are
dispensing food on a one time basis. The
provisions for such are not 'as complicated
and stringent. '
52
19-24'
Authorizes the health officer to obtain
information on the health history of an
employee, where there is reasonable cause
of disease transmission by such employe~,
also giving the power to exclude the employee
from the food establishment or to close the
establishment or to restrict the employees
to certain areas of the establishment or to
order medical tests on the employees
53
19-25
The food establishment is required to submit
plans prior to construction or alteration
of facilities, and, an inspection prior to
opening is required.
54
19-26
Allows time for compliance with ordinance
after it~ passage
54
19-31
All operators of food establishments are
required to obtain a "Food Dealer's Permit",
and the form of application is specified.
56
19-32
Provides for the iisuance of a medallion
for each mobil food service unit
57
19-33
Permit fees, yearly;
1 to '9 employees - $ 20.00
10 to 25 employees - $ 40.00
26 to 50 employees - $ 60.00
51 or more employees - $ 80.00
Establishments such as day care centers,
nursing homes, church kitchens and
temporary food establishments pay the base
fee of twenty dollars ($20.00).
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Summary of City of Houston
Food Establishments Ordinance
Page 3
PAGE
SECTION
58
58
19-34
Food dealers permit good for one year
19-35
Provides for immediate suspension of permit,
to be followed by specific charges, notice
and hearing
61
19-36
Provides for revocation of permit with notice
and hearing
63
19-37
Notices may be by personal delivery or certified
mail
63
19-42
Requires that each. manager in a food service take
a training course
64
19-43
Requires all food establishment owners or
operators to employ manager(s) who have a
certification card. Temporary food service
establishments are exempted if the applicant
can demonstrate adequate understanding of
sanitary procedures
64
66
19-44
Application for certification card
19-45
Establishes training course of 10 to 12 hours~
to be offered by the City of Houston
66
19-46
Contents of certification card; managers
required to carry card
67
67
19-47
19-48
Fee for manager's certification card' is $ 15.00
Certification card is good for three years
68
19-49
,Provisions for revocation of certification card,
specific 'grounds, notice and hearing are
required
70
70
19-50
19-51
Misrepresentations by applicants
Fraudulent use of cards
The City of Houston Ordinance was to become effective ninety days
after its passage.
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MAYOR'S OFFICE
HOUSTON, TEXAS
~~.
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, 19 78
Honorable City Council of the City of Houston
City Hall
Gentlemen:
In accordance with the provisions of the Charter of the City of Houston, I submit to you the foUo......
ing ordinance with the request that it be passed finally on the date of its introduc~ion, There e>:is~s a
public emergency requiring such action and I accordingly request that you pass the same if it meets \.."ith
your approval.
5~'t.' D'"'" fJ
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; Yours veijr truly ~ '
Q;I r '...,
J". "....:'. ".,. .<?
i.,' -':"''': ~. .,~:."..: ':.. ":'.-':.~ ...
.... ".... , ,. .,. ~"4.T.," ",_____
'i~"~-'.' :/' - .
May.or/b! the City of Houston.,
t/
"
AN ORDINANCE A}fENDING ARTICLE II OF CHAPTER 19 OR THE CODE OF
ORDI,NANCES OF THE CITY OF HOUSTON REGULATING FOOD ESTABLISHMENTS,
REQUIRING THE LICENSING THE'~EOF, PROVIDING FOR LICENSING OF FOOD
MANAGERS; PROVIDING A PENALTY; PROVIDING EFFECTIVE DATES; PROVIDING
A SEV~RABILITY CLAUSE; AND DECLARING AN EMERGENCY. "
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HOUSTON:
Section 1. That'Article II of Chapter 19 of the Code of
Ordinances of the City of Houston is hereby amended to read as follows:
"ARTICLE II
Sec. 19-18. Definitions
Approved. The term 'approved' shall mean acceptable to
the health officer based on his determination as to conformance
with appropriate standards of good public health practice. Such
approval shall be in lvriting and signed by the health officer or
his authorized representative.
Caterer. The term 'caterer' shall mean a food service
establishment where food is completely or partially prepared
for delivery to a single customer, i.e., an individual, partner-
ship, corporation, association, or other legal entity; and
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~herc this food is transported to the 'customer at a separate
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location where it is meant to be served and consumed.
Closed. The ter~ 'closed' shall mean without openings large
enough for the entrance of insects or other Yermin~
Cold storage. The term 'cold storage' shall mean the
storing and preservation of food products by cold through
means of mechanical ~r electrical refrigeration.
Commissary. The term 'commissary' shall mean any kitchen
where fopd is prepared and packaged for individual consumption,
to be transported by ~he person preparing the food or his
agent to another location off the premises.
Convenience store. The term 'convenience store' shall
mean a retail food store having less than twenty-five hundred
(2500) square feet of space in which food is kept, displayed
and/or displayed.
Corrosion-re~istant materials. The term 'corrosion-
resistant m~terials' shall mean' those mat~rials that maintain
their original surface characteristics under prolonged in-
J
fluence of the food to be contacted, the normal use of cleaning
compounds and bactericidal solutions, and other ,conditions
of the use or environment.
Easily cleanable~ The term 'easily cleanable' shall
mean that surfaces are readily accessible and made of such
material and finish and so fabricated that residue may be
effectively removed by normal cleaning methods.
Employee. The term 'employee' shall mean ~ny individual
having supervisory or management duties and any other
person working in a food establishment.
Equipment. The term 'equipment' shall mean steves, ovens,
ranges,- hoods, slicers, mixers, meatblocks, tables, counters,
refrige~ators, sinks, dishliashing machines, steam tables,
and similar items, other than utensils, used in the operation
of a food establishment.
Filth. The term 'filth' shall mean dust, dirt, insect
excretions or secretions, insect body parts, rodent hairs
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or excretionS.feathers, or
any
foreig~r injuriou~ co~-
t a.;;: in::. tion.
..
Food.
'.Food' means an)' ral,', cooked, or pr.ocessed cdi hIe
substance, ice, beverage or ingredient used or intended for
use or for sale in whole or in part for human corisu~ption.
Food-contact surface. 'Food-contact surface' means 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
wi th food'.
Food establishment. The term 'food establishment' shall
mean ana include all food service establishments and food '
processing establishments~
Food processing establishment.
'Food processing establish-
-ment' means a commercial establishment in which food is manu-
factured or packaged for human consumption and all cornmercia~
establishments bottling water or other liquids'intended for
human consumption. The term food processing e~tablishment
does not include a food service establishment or commissary
operation.
Food service establishment.
'Food service establishment'
means any place where food is 'prepared and intended for indi-
vidual portio~ service and includes the site at 'which indi-
vidu~l portions are provided. The term includes any such place
regardless of whether consumption is on or off the premises and
regardless of whether there is a charge for the food. The
term also includes delicateisen-type operations that prepare
sandwiches int~nded for individual portion service~ commissaries'
and retail food stores. The term does not include private homes
where food is prepared or served for individual family consump-
.~'
tion, the location of rood vending machines, or supply vehicles.
Garbage. The term 'garbage' shall mean every accumulation
of animal, vegetable and other l~aste matter that attends the
preparation, handling, consumption, storaie, or decay of
plant ~nd animal matter, including meats~ fish and seafoods,
birds, fruit, vegetable or dairy products and the waste wrappers
or containers thereof.
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I director of public health of the city, or his authorized
\ ~cprc;cntati ves.
J'prmetically sealed container. The term 'hermetically
scaled container' means a container designe~ a~d intcnded to
be secure against the entry of microorganisms and to maintain
Health officer. The term 'health officcr' shall mean the
..
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the commercial sterility of its content after processing.
Kitchen~are. The term 'kitchenware' shall mean all m~lti-
use ,utcnsils other than tableware.
Law. The term 'law' shall mean all applicable Federal,
State, and local statutes, ordinances, and regulations.
Mobile food unit. The term 'mobile food unit' means a
vehicle-mounted food service establishment designed to be
-readily moveable.
'.
Packaged. The term 'packaged' shall mean bottled, canned,
cartoned, or securely, wrapped.
Perishable food. The term 'perishable food' shall mean
any food of'such type or in such condition as may spoil.
/
Person.
The term 'person' shall mean an individual,
partnership, corporation, association, trustee, or other
legal entity.
Person in, charge. The term 'person in charge' shall
mean, the individual present in a food establishment who is
the apparent supervisor of the food establishment at,~he
time. If no individual is the apparent supervisor, then
each employee present shall be deemed to be the p~rson in
charge.
Potable water. The term 'potable water' shall mean
water from an ~pproved source which has been detexmined by
the health officer after appropriate testing as suitable for
human con~umption.
Potentially hazardous food. The term 'potcntially
hazardous food' shall mean any food that c6nsists in whole or
in part of milk or milk products, eggs, ~eat, poultry, fish,
shellfish, edible crustacea, o~ other ingredients, including
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~rnt;~~ti c
~ng.ients, 1n a form capabl&f supporti::r; r:lpid
and rr,:'\gressivc grO\.:th of infectious or' toxigenic microorgan-
~
isms. The term does not include clean, whole, uncrackod,
o~or-free shell eggs or foods which have a pH level of 4.5 or
belo~ or a water activity (Aw) value of 0.85 or less.
Produce. The term 'produce' shall mean and include all
vegetables, fruits, nuts, berries, melons, cantalopes and
other edible plant material.
Reconstituted.
'Reconstituted' means recombining
dehydrate~ food products with water or other liquids.
Refuse. The term 'refuse' shall mean all putrescible
and non-putrescible solid and semi-solid wastes, including
garbage, rubbish, an~ ashes.
Retail food 'store.
'Retail Food Store' means any establish-
ment where food and food products are offered for 'sale to the
ultimate consumer and intended for off-premise,consumption;
provided, however, the term shall not include an establishment
where food is'primarily prepared' and sold for individual portion
service.
Rubbish. The term 'rubbish' shall mean non-putrescible
solid wastes, excluding ashes, consisting of both combustible
and non-combustible wastes, such as paper, cardboard, waste
metal, tin cans, yard clippings, wood, glass, crockery,
plasti~s, and similar materials.
Safe materials. The term 'safe materials' means articles
manufactured from or composed of materials that may not
reasonably be expected to result, directly or in~irectly,
in their becoming a component or otherwise affecting the
characteristics of any food. If materials are food additives
or color additives as defined ln Section 20l(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 ~he Act. Other
materials are 'safe' only if they are not, food additives or
color additives as defined in Section 201(5) or (t) of the
Federal Food, Drug, and Cosmetic Act, as used.
Sanitization. The ter~ 'scniti:etion' means effective
bactericidal treatment by a process tha: provides enough
accu=~:&tive heat or concentration of che~icals for e~ou~h ti~e
.
e
to red~ce the bacterial count, including pathogens, to a
~
5af~ lc,.el on utensils and equipmcnt.
Scaled. The term 'sealed' shall mean free of cracks or
other opcnings that permit the entry or ~assage of moisture.
Single-service articles. The term '~ingl~-service
articles' shall mean cups, containers, lids, closures, plates,
kniyes, frirks, spoons~ stirrers, priddles, straws, napkins,
-wrapping materials, toothpicks, and similar. articles designed
for one-time, one-person use and then discarded.
Tableware. The term 'tableware" shall mean multi-use
eating and drinking utensils including flatware (knives,
fOTks and spoons).
Temporary Food-Service Establishment. The term 'temporary
food-service establishment' shall mean any food-service
establishment that operates at a fixed 'location for a period
of time of not more than fourteen (14) consecutive days in
conjunction with a single event or cele~ration.
Utensil. The term 'utensil' shall mean any implement
J
used in,the storage, preparation, transportation, or service
of rood.
Wholesome. The term 'wholesome' shall mean in sound
condition, clean, and otherwi~e suitable for use as human food.
Sec. 19-19.
(a) All provisions of this ordinance shall be applicable
to all food establishments uniess specifically limited to food
processing establishments or to food service establishments.
(b) No food service establishment or food processing
establishment shall be operated within the ci~y unless it
.~
conforms with the requirements of this article.
(c) Any person who violates any provision of this article
shall be guilty of a misdemeanor and upon conviction thereof
shall be punished by a fine of not less than ten dollars ($10.00)
nor more than two hundred dollars ($200.00). Provided,
however, if such person is convicted of an offense under this
ordinance ~hich offense 1S also a violation of Article
4476-5, Section 3, Vernon's Texas Civil Statutes, such person
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sh~ll be subject to a fine of not less than Twenty-five
Dollars ($25.00) nor more than 1~0 Hund~ed Dollars ($200.00);
and for the second or subsequent offens'e'shall be' subject
to a fine of not less than One Hundred Dollars' ($100.00) nor
more than One Thousand Dollars ($1,000.00), or imprisonlacnt
in the county jail for a period of not more than one year,
or both such fine and imprisonment. However, nothing in
this article shall be construed as requ~ring the health
officer to !eport minor violations of this article for
prosecution \vhenever the health officer believes the public
interest will be adequa~ely served in the circumstances by
a warning.
A permit or medallion holder shall 1nsure that the
food establishment or mobile food unit is in full compliance
with this ordinance at all times.
..
The person in charge shall insure that the food establish-
ment is operated in full compliance with this ordinance and
that all food ~s stored, prepared, displayed and served in
accordance with the provisions of this ordinapce.
Sec. 19-20.
(a)' The health officer shall inspect each food establish-
ment lvithin the City of Houston at least once every six
months, and he shall make as many additional inspections as
are necessary for the enforcement of this ordinance.
(b) The health officer or agents of the health offi~er,
after proper identification, shall be p~rmitted to enter any
/'
food establishment at any reasonable time, for the purpose
of making inspections to determine compliance with this
ordinance. The health officer or agents of the health
officer shall be permitted to examine the records of the
establishment to obtain information pertaining to food and
supP.1ics purchased, received, or used, or to persons employed.
(c) l~henever an inspection is made of a food establishnent,
the findings shall be recorded on an inspection report for~
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provided for this purpose, and the original of each inspection
report shall be provided to the persOn in charge of the establish-
ment. This copy shall be posted by the health officer upon
an inside wall of the establishment, and such inspection report
shall not be defaced or removed by any person except the
health officer. Anpther copy of the inspection report shall be
filed lYi th the records of the Heal th Department,.
Cd) ,The Inspection Report form shall specify a specific
time by which each violation must be corrected; provided,
hOHevcr, such notice shall not relieve any person of criminal
or civil penalties for such violations.
(e) In the case of temporary food service establishments,
.all viOlations shall be corrected within 24 hours. If viola-
tions are not corrected, within the 24 hours period, the
health officer shall immediately suspend the permit.
(f) The report of inspection shall state that failure
to comply Hith a~ time limits for corrections will require
that the establ~shment immediately cease food service operations.
(g) Whenever a food establishment is r~quir~d to ccase
operations under the'provisions of this section, it shall not
resume operations until such time as a reinspect ion determines
that conditions responsible for the requirement, to cease
operations no long~r exist. Opportunity for reinspection
shall be offered within a reasonable 'period of time. See
Division II, 'Permits'.
(h) Food from food'establishments outside the juris-
diction of the City of Houston may be sold within the City of
Houston if such food establishments conform to the provisions
of this ,ordinance or to substantially equivalent provisions.
T6 determine the extent of compliance lYith such provisions,
the health officer may accept rcports from responsible authorities
in other jurisdictions where such, food establishments are
located. Where such reports cannot be obtained or there is
some question regarding their validity, the City pf Houston nay
request the food establishment in qt:cstion to permit an Inspec-
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tion 3S defined in subsection (b) of this section. If the
fooJ establishment in question refuses to permit su~h an in-
Sl)ection after the Director of Public Health has detcrnined
the necessit)" for such an inspection he shall bar the sale
of food fron that food establishment within the City of Houston.
The cost of inspections of food establishments outside the
City of Houston shall be borne by the food establishment.
Sec. 19-21.
All" food establishments shall comply 'with the follOliing
items of sanitation.
General~~ Food shall be\in sound
\
Item 1:
FOOD SUPPLIES;
-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 con-
./
tainers that was not prepared in a food processing establish-
ment is" prohibited.
Special requiTements.
(a) Fluid milk' and fluid-milk products used or served
shall be pasteurized and shall meet the Grade A quality
standards as established by applicable laws. Dry mi~~ and
dry-milk products ~hall be made from pasteurized milk and milk
products.
(b) Fresh and frozen shucked shellfish (oysters, clams,
or mussels) shall be packed in nonreturnable packages identi-
fied with the name and address of the original shell stock
processo,r, shucker-packer, or repacker, and the interstate
certification number issued according to law. Shell stock
arid 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
identified by an -attached tag that state's the name and address
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of ~~:~ original shell stock processor, the kind and quactity
~
of s~cll stock, and an 'interstate certification number
iSS11Cd by the State or' foreign shellfish control agency.
ec) Only clean whole eggs, with shell intact and ~ithout
cracks or checks or pasteurized liquid, fro~~n, or dry eggs
or pasteurized dry egg products shall be used, except that
hard boiled, peeled,eggs, con~ercially prepare~ and packaged,
may be used.
Cd) 'All frozen desserts such as ~ce cream, soft frozen
desserts, soft serves, ice milk, slush, non-carbonated fruit
flavored'frozen desserts, frozen carbonated beverages, snOl~
cones, sherberts, and their related mixes shall meet the
standards of quality established for such products by
.
"applicable laws and regulations.
Ce) All food manufactured, processed or packaged in
commercial food processing establishments or commissaries shall
be labeled according to all applicable laws.
!
Item 2: FOOD PROTECTION; General. At all times, including
while being stored, P!epared, displayed, serv,ed, or transported,
food shall be protected from potential contamination by all
agents, ~ncluding dust; insects, rodents, unclean equipment
and utensils, unnecessary handling, coughs and sneezes,
flooding, draining; and overhead leakage or overhead drippage
from condensation. The internal temperature of potentially
hazardous foods shall be 45 degrees F. (7 degree~ C.) or
below or 140 degrees F. (60 degrees C.) or above at all
tines, except as otherwise provided in this ordinance.
Emergency Occurrences. In the event of an occurrence,
such as "a fire, flood, pOlver outage, or similar event, ~hich
might re~ult in the contamination of food, or which might
ptevent potentially hazardous food from being held at required
temperatures, the person in charge shall i~mediately contact
the health officer. Upon receiving noti~e of this occurrence,
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th~ h~alth officer shall take whatever action he deems
necessary to protect the public health.
I tCI1l 3: FOOD STOR..\GE; General.
(a) Food, whether raw or prepared, if re~oved from the
con t a in e r ,0 r pac k age in,... hi chi t \\" as 0 b t a i n cd, s hall be s tore d
in a clean covered container except during necessary periods
of preparation or service. Container covers shall be im-
pervious 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 ~torage,
. ,
except that quarters or ~ides of meat may be hung uncovered
on clean sanitized hooks if no food product is stored beneath
the meat.
(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, arid that permits
eas,y cleaning of the storag,e area, except that:
(1) ,Metal pressurized beverage containers, and
cased food packaged in cans, glass or ot~er waterproof
containers need not be elevated when the food container
is not exposed to' floor moisture; and
(2) Containers may be stored on dollies, racks or
pallets, provi?ed such equipment is easily moveable.
(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
b~y la,,,. The storage of food in toilet rooms ,or vestibules
is prohibited.
(d) Food not su~ject to further washing or cooking before
sirving 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
watc.r or undrained Ice. Wrapped sand,\'ichcs shall not bc
stored in direct contact with Ice.
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(f)
Unless its identity is unmistakable, bulk food such
~
a5 cooking oil, syrup, salt, sugar or flour not stored in the
product container or phckage in which it was obtained, shall
be stored in a container identifying the food by conwon name.
(g) Bulk packaged food stored in food ~arehouses shall
be stored at least six inches away from walls and off the
floor on approved racks or approved pallets in a way that
permits inspe~tion under and behind such storage and in a way
that permits the cleaning of the storage area and that pro-
tects the food from contamination by splash and other means.
Cased f06d packaged in cans, glass or other waterproof
containers need not be elevated when the case of food is not
exposed to floor moisture.
, .
Refrigerated storage.
(a) Conveniently located refrigeration facilities or
effectively.insulated facilities shall be provided to assure
the maintenance of all potentially hazardous food at required
temperatures durirlg storage. Each mechanically refrigerated
facilit~ storing potentially hazardous food shall be provided
with a numerically sc~led indicating thermometer,- accurate
+
to -3 degrees 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 degrees F.,
may be used in lieu of indicating thermometers.
(b) Potentially hazardous fcod requiring refrigeration
after preparation sh~ll be rapidly cooled to an internal
temperature of 45 degrees F. (7 degrees C~) or below. Potentially
hazardous foods of large volume or prepared in large quantities
shall be rapidly cooleQ utilizing such methods as shallo'~
pans, agitation, quick chilling or \~ater circulation external
to the food container so that the coolin~ period shall not
exceed four (4) hours. Potentially hazardous food to be
transported shall be prechilled and held ~t a temperature of
4S degrees F. (7 degrees C.) or below uriless maintained in
accordance ~ith paragraph (b) of subsection IIot Storage of Item ~.
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(c) Fro:en foods shall b~ kcpt frozen and shall be
stored at a tempcrature of 0 degrces F. (-18 degrces C.) or
belo:-;.
(d) Ice intended for hum~n 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 cOllveying beverages or beverage ingredients to a dis-
penscr head. Ice used for cooling stored food and food con-
taincrs shall not be used for human consumption.
(c) All perishable food 'shall be stored at such temperatures
as will protect against spoilage.
(f) Frozen foods prepared in any food service establish-
ment once thawed shall not be refrozen.
Hot Storage.
(a) Conveniently 10caLed hot food storag~ facilities
shall be provided to assure the ~aintenance 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 -3 degrees
F., located to measure the air temperature iri the coolest
part of the facility and located to be easily readable.
+
Recording thermometers, accurate to -3 degrees F., may be used
in lieu of indicating thermometers. Where it is impractical
to install thermometers on equipment such as bainmaries,
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 degrees F. (60 degrees
~.) or above except during necessary periods of preparation.
Potentially hazardous food to be transported shall be held at
a temperature of 140 degrees F. (60 degrees C.) or above unless
maintained in accordance with paragraph (b) of subsection
Refrigerated Storage of Item 3.
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Item 4: FOOD PREPARATION; General. Food shall be prepared
with the least possible manual contact, with suitable ut~nsil~,
nnd on surfaces that prior to use have been cleaned,' rinsed
and snnitized to prevent cross-contamination.
Raw fruits and raw vegetables. Raw fruits and raw vege-
tables shall be washeq thoroughly 1n potable water before
being cooked or served.
Cooking potentially hazardous foods. Potentially hazard-
ous foods requiring cooking shall be cooked to heat all parts
of.the food to a temperature of at least 140 degrees F.,
(60 degrees C.) except that:
(a) Poultrr, poultry stuffings, stuffed meats and
stuffings containing meat shall be cooked to heat ,all parts
of the food to at least 165 degrees F. (74 degrees C.) with
no inter~uption 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 degrees F.
,I
(66 degrees C..).
(c) Rare roast beef shall be cooked to an internal
temperature of at least 130 degrees F. (54 degrees C.), unless
otherwise ordered by the immediate consumer.
Dry milk and dry milK products. Reconstituted dry milk
and dry milk products may be used in instant dessert~ and
l'ihipped products, or for cooking and baking purposes ..'
Liquid, frozen, dry eggs and egg products. Liquid,
frozen, dry eggs and egg products shall be used only for
cooking and baking purposes.
Reheating. Potentially hazardous foods that were cooked
and then refrigerated shall be reheated rapidly to 165 degrees F.
. ,
(74 degrees C.) or higher throughout before being served or placed
in a hot food storage facility. Steam tables, bainmaries,
warmers, and similar hot food holding facilities are pro-
hibited for the rapid reheating of potentially hazardous
foods.
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Koncbiry products. Nondai....ry creaming, whitening, or
Khipping agC'llts rlay be reconsti tuted on the premises onl)'
~hen thcy will he storcd in sanitized, covered containers
not excceding one gallon in capacity and cooled to 45 degrees
F. (7 degrees C.) or bclow within four hours after prepara-
tion.
Product thermometers. Metal stem-type numeric~lly scaled
+
indicating thermometers, accurate to 2 degrees F.. shall
be provided and used to assure attainment and maintenance
of proper internal cooking, holding, or refrigeration tem-
peratures of all potentially hazardous foods.
Thawing potentially hazardous foods. Potentially
hazardous foods shall be thawed:
(a) in refrigerated units at a temperature not
to ex~eed 45 degrees F. (7 degrees C.); or
(b) un~er potable running water of a temperature of
70 degrees F. (21 degrees C.) or below, with sufficient
',I
water v~locity 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 pro~ess.
Custards and cream filled pastries. Custards, cream
fillings, or similar products which are prepared by hot or
cold processes, and which are used as puddings or pastry fill-
ings, shall be kept at safe temperatures, except during
nec~ssary periods of preparation and service, and shall meet
the following requirements as applicable:
(a) Pastry fillings shall be placed in shell~, crusts,
or other baked goods either \,.hi 1 e hot (n~t less than 140 degrees
F. or 60 degrees C.) or immedi2tely following preparation,
if a cold process 1S used; or
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(b) Such fillings and pugdings shall be refrigerated
at 45 degrees F. (7 degrees C.) or below in shallow pans,
immediately ,after cooking or preparation, and held thereat
until comhined into pastries, or served.
(c) All completed custard-filled and cream filled pastries
shrill, unless served immed~ately following filling, be re-
frigerated at 45 degrees F. (7 degrees C.) or below promptly
after preparation, and held thereat pending 'service.
Item 5: FOOD DISPLAY AND SERVICE;
Potentially hazardous foods. Potentially hazardous food
shall be kept at an internal temperature of 4S degrees F.
(7 degrees C.) or lower ~r at a temperature of 140 degrees
F. (60 degrees C.) or above during display and service) except
that rare roast beef shall be held for service at a temperature
of at least 130 degrees F. (54 degrees C.).
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 cap~city, or drawn
from a commercially filled container stored .in a 'mechani~ally
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 c6ntainer provided such a proced~re is
authorize4 by the Health Officer. Where a bulk dispenser for
milk and milk products is not available and portions of less
than one-half pint ar~ 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 indi-
vidual service container, protected pour-type pitcher, or
,drawn from a refrigerated dispenser designed for such service.
Nondairy product dispensing.
. Nondairy creaming or ~hitening agents shall be provided
1n an individual service container, protected pour-type pitcher,
or drawn from a rcfriger~ted disp!nser designed for such service.
16
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Condir.\ent dispensing.
(3) C6ndiments, seasonings and dressings for self-service
use shall be provided 'in individual packages, from dispensers,
or from containers protected in a,ccordance \-li th Display
Equipment of Item 5.
(b) Condiments provided for table or counter service shall
be individually portioned, except, that catsup and other
sauces Jnay 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.
Ice dispensing. Ice for consumer use shall be dispensed
'only by employees with scoops, tongs, or other ice-self-dis-
pensing utensils or through ~utomatic 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 recep-
tables shall be stored in a way that protects them from con-
tamination. Ice stor~ge bins shall be drain~d through an air
gap.
Dispensing utensils. To avoid unnecessary manual contact
with food, suitable dispensing utensils shall be used by
employees or provided to consumers who serve themsel~es.
Between uses during service, aispensing 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
ec) Stored in running water; or
(d) Stored ,either in a running water dipper well, or clean
and dr~ in the case of dispensing utensils and malt collars used
in preparing frozen desserts.
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Rcservice. Once served tb 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.
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 o~ display.
Reuse of Tableware. Reuse of soiled t_bleware ~y self-
service 'cons~mers returning to the service area for additional
food is prohibited. Beverage cups and glasses are exempt
from this requirement.
,
Item 6. FOOD TRANSPORTATION; General. During transportation"
food and food utensils shall be kept in covered containers
, ,I
or completely wrapped or packaged so as to be protected from
contamination. '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 ~torage.
Item 7. EMPLOYEE HEALTH; General. 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, an infected wound, or
an acute respiratory infection, shall work in a food establish-
m~nt in any capacity in which there is a likelihood of such
person contaminating food or food-contact surfaces with
pathogenic organisms or transmitting disea~e to other persons.
Item 8. PERSONAL CLEANLINESS; General. Employees shall
thoroughly wash their hands and the exposed portions of their
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.
arms ~ith soap and warm water before starting work, during
~ork as often"as is necessary to keep them clean, and a!tcr
smoking, eating, drinking, or using the toilet. Employees
shall keep their fingernails clean and trimmed.
Clothing; General.
(0) The outer clothing of all employees shall be clean.
(b) Employees ~hall use effective hair restraints to
prevent the contamination of food or food-contact surfaces.
An effective hair 'restraint shall mean any headband, cap,
hat, or hair net made of fabric, cord, plastic, or paper,
which effectively covers and holds hair in place~ The use
of effective hair restraints shall also apply to any exposed
scalp or facial hair, where there is the potential for
contamination of food or food contact surfaces. Facial hair
restraints will not be required when facial hair is well-groomed
and trimmed.
(c) Employees shall remove all insecure jewelry, and
during periods whcin food is.manipulated by hand, remove from
hands any jewel~y that cannot be adquately sanitized.
Item 9. EMPLOYEE PRA~TICES; General.
(a) Employees shall consume food only 1n designated
dinipg areas. '.An employee dining area shall not be so,desig-
nated if consuming food there might result in contamination
of other food, equipment, ~tensils, or other items n~~ding
protection.
(b) Employees shall not use tobacco in any form while
engaged in food preparation or service, nor while in equipment
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.
(c) Employees shall handle soiled tableware in a way
that minimizes contamination of their hands.
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Cd) Employecs shall ~aintain a high degree of personal
cleanliness and shall confor~ t~ good hygienic practices during
all ~orking p~riods in the food establishment.
Item 10. EQUIP~JENT A~D UTE~SILS, ~!aterials; General.
Multi-use equipment and utensils shall be constructed and
'repaired Kith safe materials, including finishing materials;
shall be corrosion resistant and nonabsorbent; and shall be
smooth, easily cleanable and durable under conditions of
normal use. All equipment and utensils shall be maintained
in good repair. Single-service articles shall be made from
clean, sariitary, safe materials. Equipment, utensils, and
single-scrvice articles shall not impart odors, color, or
taste, nor contribute to the contamination of food.
(a) Solder. If solder is used, it shall be ~omposed
of safe materials and be corrosion resistant.
(b) Wood. Hard maple or equivalently nonabsorbent
material that me~ts %he general requirements set forth in
the introductory test of this item, may be used for cutting
.1
blocks, ,cutting boards, salad bowls, and baker's tables. Wood
may be use,d 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. If
cutting boards' are used they shall be easily removable in order
to f~cilitate cleaning.
ec) 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 the
introductory text of this item are permitted for repeated
use.
Cd) Mollusk and crustacea shells. Mollusk and crustacea
shells may be used only once as a serving container. Further
reuse of such shells for food ser~ice is prohibited.
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(e) Single-service. Reuse of singte-service articles
.01'
is prohibited.
(f) Canvas cloths. \H th the sole exception of appro\"ed
easily-cleanable belts on equipment used .for the conveying
or shaping and conveying of bakery products in the pre-cooked
stage, canvas cloths or other cloth materials used as food
contact surfaces are piohibited.
Design and Fabrication; General.
(a) All equipment and utensils, including plasticware,
shall be designed and f~bricated for durability under conditions.
of norma1'use and shall be resistent to denting, buckling,
pitting, chipping, and crazing. 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 ~he surface is
heated, such as in grills, griddle tops and 'skillets. Threads
shall be designed,lto facilitate cleaning;'ordinary "V" type
threads are prohibited in food-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 gears requiring
unsafe lubricants shall be designed and constructed so that
the lubricant cann~t 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 bear,ings 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, pro-
vided that such tubing is fabricated from safe materials,
is grommated at entry and exit points to preclude moisture
(condensation) from entering the ice machine or.the ice storage
bin, and,is kept,clean. Drainage or drai~age tubes from dis-
pensing units shall not pass through the ice machine or the
ice storage bin.
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Cd) Sinks and drain boards shall be self draining.
Accessibilit.y.' Unless designed for in-place cleaning,
food-contact surfaces shall be accessible for cleaning and
inspection:
Ca) without being disassembled; or
(b) by dis~ssembling without the use of tools; or
(c) by easy disassembling with the use of only sinple
tools such as a mallet, a screwdriver, or an open-end wrench
kept available near the equipment.
In-Place cleaning. Equipment intended for in-place
cleaning shall be so designed and fabricated that:
(a) cleaning and sanitizing solutions can be circulated
throughout a fixed system using an effective cleaning and
sanitizing regimen; and
(b) cleaning and sanitizing solutions will contact all
interior foo~-contact surfaces; and
(c) the system is self draining or capable of being
,I
complet~ly evacuated.
Pressure Spray Cleaning. Fixed equipment'designed and
, .
fabricated to be cleaned and sanitized by pressure spray
methods shall have sealed electrical wiring, switcpes, and
connections.
Thermometers. Indicating thermometers required, for
immersion into Eood or cooking media shall be of metal stem-
type construction, numerically scaled, and accurate to + 2
degrees F.
Non-food-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, projcctio~s, or crevices,
and readily accessible for cleaning, and shall be of such
mateiial and in such repair as to be easily maintained in
a clean and sanitaT); conditio;"!.
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\"enti1ation hoods. Ventilation hoods and devices shall
be designed to prevent grease or condensation from collecting
on ~ells and ceilings, and from dripping into food or onto
food-contact surfaces.
Filters, or other orease extractinn
b 0
equipment, shall be readily removable for clean'ing and
replacement if not d~signed to be <;:leaned in place.
Existing Equipment. Equipment which was installed in a
food esta~lish]nent prior to the effective date of this
ordinance, and which do~s not fully meet all of the desigri
and fabrication requirements of this section, shall be deemed
acceptible in that establishment as long as there is no change
of "ownership, if it is in good repair, capa~le of being main-
tained in a sanitary condition, and the food-contact surfaces
are nontoxic. Replacement equipment and new equipment acquired
after the effective date of this ordinance sha11 meet the require-
ments of this, section.
Equipment in,tallation and location; General: Equipment
including ice ~akers and ice storage equipment, shall not be
located under exposed or unprotected sewer lines, water
lines, open stairwells, or other Sources of contamination.
This requirement does not apply to automatic fire protection
sprinkl~r heads that may be required by law.
Table-mounted equipment.
(a) Equipment that is placed on tables or counters,
unless portable, shall be sealed to the table or Gounter or
elevated on legs to provide at least a,four inch clearance
betlveen the table or counter and equipment and shall be installed
to facili tate the cleaning of the equipment and' adj acent areas.
(b). Equipment is portable within the meaning of the
precceding, paragraph on Table 1>lounted Equipment if:
(1) It is small and light enough to be moved
easily by one person; and
(2) It has no utility connection, or has a titili-
ty connection that disconnects quickly, or has a flexible
- 2:; -
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utility connection line of~ufficient length to per=it
toe equipr.lcnt ,to be moved for easy cleaning.
Floor-mounted equipment.
(a) Floor-mounted equipment, unless readily movable,
shall be:
(1) Sealed to thc floor; or
(2) Installed on a raised platform of concrete
or other smooth masonry in a way ,that meets all require-
ments for sealing or floor clearance; or
(3) Elevated on legs to provide at least a six
inch clcarance between the floor and equipment, except
that vertica~ly mounted floor mixers may be elevated to
provide ~t 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.
(b) Equipment ~s easily movable if:
(1) It is mounted on wheels or casters~ and
.I
(2) 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
adj acent \.,ralls.
Aisles and working spaces. Aisles and working spaces
between units of equipment and walls shall be unobstructed
and of sufficient width to permit employces to perform their
duties readily \vithout contamination of food or ~ood-contact
surfaces by clothing or personal contact. All easily movable
storage equipment such as pallcts, racks, and dollies shall be
positioned to provide accessibility to working arcas.
- 2.J -
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Item 11. EQUIP;'!l:1\T A~D UTEXSILJCL[A~~IKG AXD SANITAT10X;
(1 ean i nr!- frequency.
(n) Table~are shall be ~ashed, rinsed and sanitiz~d
after each use.
(b) To prevent cioss-contarnination kitchenware and
food-contact surfaces of equipment shall be washed, rinsed
and sanitized after each use and following any interruption
of opeiations during which time contamination may have
occurred.
(c) Khere equipment and uten~ils are used for the prepara-
tion of potentially hazardous foods on a continuous or production-
line basis, utensils and food-contact surfaces of equ~pment
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;
Cd) The food-contact surfaces of grills, griddles, and
similar cook{ng 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 crusted grease
deposits and other accumulated soil.
, ,Ce) Non-food-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.
Wiping cloths.
(a) Cloths used for wiping food spills on table~are,
such as plates or bowls being served to the consumer, shall
be clean, dry and used for no other purpose.
(bJ Moist cloths or sponges used for wiping food spills
on iitc~~nware and food-contact surfaces of equipment shall be
clean and rinsed frequently in one of the sanitizing solutio~s
permitted in paragraph (e) (1-7) of Item 1'2, and used for no
other purpose. These cloths anc. sponges shall be stored in
the sanitizirig solution bet~een U5~S.
- 25 -
.
.
(c) :.Ioist cloths or sponges used for cleaning nonfood-
,/'
contact surfaces of equipment such as counters, dining tahle
tops and shelves shall be clean and rinsed as specified in
paragraph (b) under Wiping Cloths of Item 11, and used for
no other purpose. These cloths and sponges shall be stored
in the sanitizing solution between uses.
Item 12. ~~XUAL CLEANING AND SANITIZING.
(a) A three- compartment sink shall be used if \\'ashing,
rinsing arid sanitization of equipment or utensils is done
,manually: provided, ~hat existing establishments not having
. a three (3) compartment sink that can demonstrate an acceptable
procedure for washing, rinsing and sanitizing utensils and
equipment may be exempt from this requirement by the Health
.
"Officer~ Sinks shall be large eno'ugh 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) com'partment sink ,.,ill be acceptable where only
single-service tatlle\.,are is used. Suitable equipment shall
be made available if washing, rinsing and sanitizing cannot be
accomplished by immer~ion. Those ,retail meat,markets and
grocery stores with meat processing where an approved procedure
for cleaning and sanitizing utensils and equipment utilizing
a two-compartment sink has already bee~ established prior to
the effective date ,of this ordinance will be exempt from the
three-compartment sink requirement, so'long as the operation
continues under the same ownership and provided that no
major remodeling is conducted. Establishments will also be
exempt so long as replacement of the sink (due to deterioration)
is not necessary.
(b)' Drain boards or easily movable dish-tables of ade-
qua~e s~ze shall be provided for proper handling of soiled
utensils prior to washing and for cleaned utensils follow-
ing sanitizing and shall be located so as riot to interfere
with the proper use of the dish~~shing fritilities.
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.
e
(c) Equipment and utensils shall be pre-flushed or pre-
s~raped and, Khen necessary, pre-soaked 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
sanitizing shall be co~ducted 1n the following sequence:
(1) Sinks shall be cleaned prior to use; and
(2) Equipment and utensils shall be thoroughly
washed in the first compartment with a hot detergent
solution that is kept clean; and
(3) Equipment and utensils shall be rinsed free
of detergent,and abrasives with clean water in the
second compartment; and
(4) Equipment and utensils shall be sanitized in
the third compartment according to one of~the methods
included in par~graphs (e) (1 through 7) of Item 12.
(e) The food-contact surfaces of all equipm~nt and
]
utensils shall be sanitized by:
,(I) Immersion for at least one-half (1/2) minute
in clean, hot water at a temperature of kt least 170
degrees F. (77 degrees C.); or
(2) 'immersion for at least one 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 degrees F. (24 degrees C.).
(3) immersion for at least one minute 1n a clean
solution containing at least 12.5 parts per million of
available iodine and hav~ng a pH not higher than 5.0
and a temperature of at least 75 degrees F. (24 degrees C);
or
(4) Immersion for at least one (1) minute in a
clean solution containing chlorine and bromine made up
at a strength of 25 parts per million total avail~ble
halogen at a temperature ot not less than 7S degrees F.
(24 degrees C.), and not to he l:sed after its strength
has,bcen rcduc~~ belo~ 12.5 parts per million; or
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. e
(5) Immersion 1n a ~olution containing an ap;;roved
quaternary ammonium co~pound (Q.A.C.) at a strength
and for a period of time as stated on the product's
officially approved label. Quaternary ammonium co~~ounds
refers to products approved and registe!ed with the
U. S. Environmental Protection Agency; or
(6) Immersion in a solution containing acid sani-
tiier co~pounds 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 ?rotection
Agency; or
(7) ,immersion 1n 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 hypo-
chlorite at ~ temperature of at least 75 degrees F. (24
degrees C.) for one (1) minute; or
(8) Treatm~nt with steam free from harmful materials
"
or additives in the case of equipment too large to sanitize
by immersion, but in which stearn can be confined; or
(9) rinsing, spraying, or swabbing with a chemical
sanitizing solution of at least twice the strength
required for that particular sanitizing solution under
paragraph (e)(7) of Item 12 in the case of equipment
too large to sanitize by immersion.
(f) When hot water is used for sanitizing, the following
facilities shall be provided and used:
(1) ~n integral heating device or fixture installed
in, .on or under the sanitizing compartment of the sink
capable of maintaining the water at a temperature of at
least 170 'degrees F. (77 deg rees C.); and
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.
(2) a numerically scaled indicating thernoceter
accurate'to + 3 degrees F. convenient to the sink for
frequent checks of water temperature; and
(3) dish baskets of such size and design to
permit complete immersion of the tableware~ kitchen~are,
and equipment in,the hot water.
(g) l~hen chemicals are used for sanitization, a test
kit or other device that accurately m~asures the p~rts per
million concentration of the solution shall be provided and
used.
Item 13. MECHANICAL CLEANING AND SANITIZING.
(a) Cleaning and sanitizing may be done by spray-type or
immersion dishwashing machines or by any other typ~ of machine
or device if it is demonstrated that it thoroughly cleans and
sanitizes equipment and utensils. Such machines and devices
,I
I
I
shall be properly in,~talled and maintained in good repair.
Machines and devi~es shall be operated in accordance with
J
manufacturers' instructions, and utensils and equipment
placed in the machine shall be exposed to all dishwashing
cycles. Automatic detergent d~sp~nsers and w~tting agent
dispensers, and liquid sanitizer injectors, if any, shall, be
properly installed and maintained.
',(b) The pressure of final r1nse wate~ supplied to
spray-type dishwashing machines shall not be less thg~ 15 nor
more than 25 pounds per square inch measured in the water
line immediately adjacent to the final rinse control'valve.
A one-quarter-inch PSI 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 degrees F., shall be
provided to indicate 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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.
.
(d) Ri.nse-h'uter t.anks shall be protected by baffles
J
or other effe~tiYe means as to minimize the entry of wash
water into the rinse water. Conveyors in dishwashing ~achines
shall be accurately timed to assure proper exposure times in
wash and rinse cycles in accordance with manufacturer's speci-
fications attached to the machines.
(e) Drain boards shall be provided 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 loca~ed and constructed as not to interfere with
the proper use of the dishwashing 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 pr10r to being cleaned in a dishwashing machine unless
a pre-wash cycle Is a part of the dishwashing machine opera-
tion. 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-iype glass 'washers) using chemicals for
sanitization may be used provided that:
(1) The temperature of the wash water shall not
be less than 120 degrees F. (49 degrees C.); and
(2) The wash water shall be kept clean; and
(3) Chemicals added for sanitization purposes
shall be aut,omatically dispensed; and
(4) Utensils and equipment shall be ~xposed to
the final chemical sanitizing rinse in accordance \\'ith
the manufacturers' specifications for time. and concentra-
tion; and
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.
.
(5) The chemical sanitjzing rinse water tCQPcrature
'#>
5hal1 be not less than 75 degrces F. (24 degrees C.) nor
lC5s th~n the tcmperature specificd by the machine's
manufacturer; and
(6) Che~ical saniti~ers used shall be approved
and a test kit or other device that accurately measures
the parts pcr fuillion concentration of the solution shall
be available and used.
(h) 'Machines using hot water for sanitizing may be used
provided that wash water and pumped rinse water shall be kept
clean and water shall be maintained at not less than the
temperatures stated below:
(I) Single-tank, stationary-rack, dual-temperature
machine: .
Wash temperature
Final 'rinse temperature
Final rinse temperature at
dish level
150 degrees F.
180 degrees..F.
the
170 degrees F.
(66 degrees C)
(82 degrees C)
(77 degrees C)
(2) Single-tank, stationary rack, single-temperature
,
machine:
Wash temperature 165 degrees F. (74 degrees C)
Final rinse temperature at the
dish level 165 degrees F. (74 degrees C)
(3) Single-tank, conveyor machine:
Wash temperature 160 degrees F. (71 degrees C)
Final rinse temperature 180 degrees F. (82 degrees C)
Final rinse temperature at the
dish level 170 degrees F. (77 degrees C)
(4) Multiple-tan~, conveyor machine:
Wash temperature
Pumped rinse temperature
Final rinse temperature
at the dish level
150 degrees F.' (66 degrees C)
160 degrees F. (71 degrees C)
170 degrees F. (77 degrees C)
(5) Singl~-tank, pot, pan, and,utensil washer:
Wash temperature
Final rinse temperature
Final rinse temperature
at,the dish level
140 degrees F. (60 degrees C)
180 degrees F. (82 degrees C)
170 degrees F. (77 degrees C)
(i) All dishkashing machines shall be thor"oughl)"
cleaned at least once a day or more often lvhen necessary to
maintain them in a satisfactory operating condition.' \':ash
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and pUlJped rinse temperatures~are measured In the respective
tanks and final ~inse temperature IS measured both at the
entrance of the ~anifold and at dish level. Testing of the
final rinse temperature will be done by means of a registering
thermometer traveling through the final rinse chamber in the
same manner as equip~ent and ut~nsils, at the dish level
and during a normai rinse cycle. No greater that a 10 degree
fahrenheit (5.5 degrees C.) drop in temperature ~rom the
manifold reading is acceptable.
Drying. After sanitization all equipment and utensils
shall be air-dried. Use of towels is prohibited.'
Item 14. EQUIP~ENT AND UTENSIL STORAGE;
Handling. Cleaned and sanitized equipment and utensils
shall be handled, in a way that protects them from contamination.
Spoons, knives, and forks shall be touched only by their handles.
Cups, glasses, bowls and plates ,shall be handled without
contact with inside surfaces or with.surfaces th~t contact
, I
the user's mouth~
Storage.
(a) Cleaned and sanitized citensils and'movable equipment
shall be stored at least six (6) 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 contamination.
Equipment and utensils shall not be placed under exposed
sewer lines or potable '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 i~verted, w~erever practic~l.
Facilities for the storage of knives, forks, and spoons
shall be designed and used to present the handle to the
employee or consumer. Unless table~3re is prewrapped,
Jloldcrs for knives, forks a~d spoons at self-service loc~tio~s
- 32 -
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e
shall protect these articles from contamination and
p~e5ent the handle of the utensil to the consumer.
(d) If presetting is practiced, all unprotected, u~-
used, preset table~are shall be collected for washing
and sanitizing after the meal period; and after any place
at a table or counter:is occupied:
Single-service articles.
(a) Single-service articles shall be stored at least
six (6) inches above the floor in closed cartons lvhich
protect them from contamination, except for automatic
fire protection 'sprinkler heads that may be required by law.
(b) Single-~ervice articles shall be handled and
dispensed in a manner that prevents contamination of sur-
faces which may come in contact with food'or with the
mouth of the 'user.
(c) Single-seryice knives, jorks, and spoons packaged
in bulk shall be ~nserted into holders or be wrap~ed
.I
by an employee who has washed his hands immediately prior
to sorting or wrapping the utensils. Unless single-service
knives, forks and spoons are prewr~pped or pr~packaged,
holders shall be provided to protect these items from
contamination and to present the handle of the utensil to
the consumer.
Cd) Single-se'rvice articles shall be used only
once.
Prohibited storage area.
The storage of food equipment, utensils or single-service
articles in toilet rooms or vestibules is prohibited.
Item 15. WATER SUPPLY; General. Enough potable water for the
needs of the food establishment shall be provided
from a source constructed and operated according to all
applicable laNs.
Transportation. All potable water not provided
directly by pipe to the food establishment from the
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source shall be transported in a bulk watcr transport
systen and s!lall b~ delivcred tb a closed water systcn.
Both of these systems shall be constructed and operated
according to all applicable laws.
Bottled ~ater. Bottled and packaged potable water shall
be obtained from a source that complies wi th. al'l la,...s ancl
shall be handled and stored in a way that protects it
from contamination. Bottled and packaged potable water,
shall be dis?ensed from the original container.
Water under pressure. Water under pressure at the
required, tenperatures shall be provided to all fixtures and
equipment that use water.
Steam. Stearn used in contact with food or food-contact
surfaces shal~ be free from any harmful materials ,or
additives.
Water fountains. Water fountains shall be constructed
and installed according to all applicable laws and maintained
clean and in good repair.
,I
Ice manufacture. Ice shall be made from water meeting the
requirements of'Item 15. "Water supply," in an approved ice-
making machine or plant which is iocated, installed, operated,
and maintained so as to prevent contamination of the ice; or
shall be obtained from a source approved by the health officer.
If ice crushers are used, they shall be maintained in a
clean condition and shall be covered when not in use.
Item 16. SEWAGE. All se\.;age, including liquid waste,
shall be disposed of by a public sewage system or by a
selvage disposal system constructed and operated according
to all applicable laws. Non-water-carried sewage
disposal facilities are prohibited, except as permitted
b)' section 19 - 23 "General" and 19 - 2 3 I tern 6, "was te ." (perta illing
to temporary food service establishments).
Item 17. PLU~lBI~G; General. Plumbing shall be sized, installed,
and maintained according to applicable laws. There shall he
- 3~ -
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no cro~s-conncction bet~een the potable '~atcr supply and any
. ~
nonpotahle or questIonable ~ater supply, or any source of
pollution through ~hich the potable ~ater supply might
become conta~inated.
1\onpotable \\'ater system. A nonpotable \\ater system is
permitted only ,for purposes such as air-conditioning and
fire protection an~ otily if the system is installed according
to all applicable laws and the nonpot~ble ~ater does not
contact, ~irectly or indirectly, food, potable water, equip-
ment 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 \\'a ter.
Backflow. The potable water system shall be installed
to preclude the possibility of backflo~. Devices shall be
installed to protect against backflow and backsiphonage
at all fixtures and equipment where an air gap a~ least
twice the diameter of the water supply inlet is not provided
, J
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.
Grease traps. If used, grease traps shall be located to
be eas~ly accessible for cleaning. Grease traps shall be of
an approved type and in an approved location.
Garbage grinders. , If used, garbage grinders shall.be
installed and maintained according to all applicable laws.
Drains. Except for properly trapped open s~nks, there shall
be no direct connection between the sewerage system and any
drains originating from equipment in which food, portable
equipme~t, 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 per-
mi t ted by la\",.
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Item IS. TOILET FACILITIES;
~
Toilet Installation. There shall be at least the
mininlurn number of toilet facilities as required by applicable
laws, and such toilet facilities shall be installed according
to all applicable laws, shall be conveniently located, and
shall be accessible t~ employees at all times.
Toilet design. . Toilets and urinals shall be designed
to be easily cleanable.
Toilet rooms. Toilet rooms shall be completely enclosed
and shall have tight-fitting, self-closing, solid doors,
which shall be closed except during cleaning or maintenance.
To.ilet facilities, including vestibules~ shall be kept clean
and in ,good repair and free of objectionable odors. Toilet
. ,
rooms shall not open directly into any room in '~hich food,
drinks, or utensils are handled or stored. Hand-washing signs
shall be posted in each toilet room used by employees.
Toilet fixtures. Toilet fixtures shall be kept clean and
I
in good repai!. A supply of toilet tissue shall be provided
at each toilet ~t all times. Easily cleanable receptacles
shall be 'provided for, waste materials. Toilet rooms used
by women shall have at least one covered waste receptacle.
Item 19. LAVATORY FACILITIES; General.
Lavatory installation There shall be at least the
minimum number of lavatories as required by applicable laws
and such lavatories shall be installed according to all
a~plicable laws and 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 washing equipment or utensils shall not be
used for handwashing.
Lavatory faucets
Eaeh lavatory shall be provided with
:
hot and cold water tempered by ~cans of a mixing valve or
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~
combination faucct. Any sloh'-closing or f.lctering faucet
used shall be designed to provide a flow of water for at
least fifteen seconds \~ithout thc need to reactivate the
faucet. Stca~-mixing valvcs are prohibited.
Lavatory supplies. A supply of hand-cleansing soap or
detergent shall,be a~ai~able at each lavatory. A supply of
sanitary tOHels or a hand-drying device providing heated air
shall be ,conveniently loca ted near each lavatory. Common
towels arc prohibited. If disposable ,towels are used, easilr
clcanab~e waste receptacles shall be conveniently located
near the hand-liashing facilities.
Lavatory maintenance. Lavatories, soap dispensers,
hand-drying devices and all related fixtures shall be kept
clean and in good repair.
Item 20. GARBAGE AND REFUSE:
..
Containers.
(a) Garbagf 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 establishment.
(b) Containers used in food preparation and
utensil-washing areas shall be kept covered after they are
filled.
(c) Containers stored outside the establis~ment; and
dumpsters, compactors and compactor systems shall be easily
cleanable, shall be proviJed with tight-fitting lids, doors
or covers, and shall be kept covered when not in actual use.
In cont~iners designed lvith drains, ?rain plugs shall be in
place at.all times, except during cleaning.
Cd) There shall be a sufficient number of ' containers
to hold all the garbage and refuse that a~cumulates.
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(e) Soiled containers shnll be cleaned at a frcquC:llcy
j
to ~revent in~cct and rodent attraction. Each container
shall be thoroughl)" cleaned on the inside and outside, in a
~ay that does not contaminate food, equipment, utensils, or
food-preparation areas. Suitable facilities including hot
water and detergent, or steam sha~l be provided and used
for washing conta'in~rs. Liquid waste from compacting or
clea~ing operations shall be disposed of as sewage., In
operations'~here dumpsters or compactors are used,.cleaning,
and the facilities accompanying such cleaning may be pro-
vided by the contractor, on or off the premises. However,
it is the responsibility of the owner, operator, manager, or
other person in charge to see that the contractor fulfills
the requirements of this section.
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 con-
, .
,taining 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.
(c) Outside storage areas or enclosures shall be large
enough to store the garbage and refuse containers that
accumulate and shall be kept clean.
Garbaue and refuse
Co
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
kep~ clean and maintained in good repair.'
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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) 1\here garbage or refuse is burned on the ~remises,
it shall be done by coptrolled incineration that prevents
the escape of particulate matter in accordance with all
applicable 1&\\5. Areas around incineration facilities shall
b~ kept clean and Drderly.
Item 21. I~SECT AND RODENT CONTROL
General. Effective measures intended to minimize the
pr~sence of rodents, flies, cockroaches, an~ other insects
on the premises shall be utilized. The premises shall be
kept in such co,pdition as to prevent the harborage or feeding
of insects or ,rodents.
Openin~~., Openings to the o~tside sha~l be effectively
protected against' the entrance of rodents. Outside openings
,
shall be protected against the entrance of insects by tight-
fitting, self-clpsing 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 ~hall not be less than sixteen mesh to
the inch.
Item 22. FLOORS
Floor construction~ The floors and floor coverings of all
food-preparation, food-storage, and utensil-washing areas,
and the floors of walk-in refrigerating units, dressing
rooms, locker rooms, toilet rooms and vestibules shall be
constructed of smooth, durable materials such as sealed
concrete, terrazzo, ceramic tile, durable grades of linoleu~
or plastic, or tight wood impregnated with plastic, and
shall be maintained in good renalT. Nothing in this rule
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sh~ll prohibit ~he use of antis1.ip floor covering in areas
,.:here necc::ssary for safet}' reasons. All floors and floor
coycrings shall be nonabsorbent, easily cleanable and kept
clean.
Floor carpeting. Carpeting, if used, shall be of
clo~ely'woven construction, properly installed, easily
cleanable, and maintained in good repair. Carpeting is
prohibited In food-preparation, in equipment and utensil-
washing areas where it would be exposed to large amounts of
grease a~d water, in food storage areas, and toilet toom
areas \vhere urinals or toilet fixtures are l~oca ted. Floor
carpeting shall be kept clean.
'Prohibite~ floor covering. The use of sawdust, wood
shavings, peanut hulls, or similar material on the floors is
prohibited.
..
Floor drains.
,Properly installed trap floor drains
shall be provided iri floors that are water-flushed for
,I
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.
Mats and duckboards. Mats and duckboards shall be of
nonabsorbent, grease resistan~ materials and of such size,
design, and construction as to facilitate th~ir being easily
cleaned. Duckboards shall not be used as storage racks.
Floor junctures: In all new or extensively remodeled
establishments utilizing concrete, terrazzo, ceramic tile or
similar flooring materials, and where '~ater flush cleaning
methods are used, the junctures between \{alls and floors shall
be cove-d and sealed. In all other cases, the j ~ncture bet\';een
'valls and floors shall not present an open seam of more than
1/32 inch.
Utility line installatio~. Exposed utility service
lines and pipes' shall be inst211c~ i;~ a way ~hat does not
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obstruct or prevent cleaning of the floor. In all new
or extensively remodeled establishments, installation of
exposed }lorizontal utility lin~s and pipes on the floor is
prohi bi ted. Ut il i ty service 1 ines and pipes. shall not be
unnecessarily exposed:on floor~ in those areas listed in .
Item 23, "Construction".
Item 23. K';LL AND CEILINGS; General.
Mainten3nce. Walls and ceilings, including doors,
. .
windows, skylights, and similar closures, shall be maintained
in good repair. These areas shall be kept clean~
Construction. The walls, including nonsupporting parti-
tions, wall coverings, and ceilings of walk-in re~rigerating
units, food preparation areas, food storage areas, equipment-
washing and utensil-washing areas, toilet rooms and vestibules
shall be light-colo~ed, smooth, nonabsorbent, and easily
cleanable. Concrete or pumice blocks used for in~erior wall
.f
construction in these locations shall be finished and sealed
to provide an easily cleanable surface.
Exposed construction. Studs; joists, ~na rafters shall
not be exposed in those areas listed in Item 23. If exposed
in other rooms~ they shall be finished to provide an easily
cleanable surface.
Utility line -installation. Exposed utility service lines
and pipes shall be installed in a way that does not obstruct
or prevent cleaning of the walls and ceilings. Utility service
lines and pipes shall not be unnecessarily exposed on walls
or ceilings in those areas listed in Item 23, "Construction".
Attachments. Light fixtures, vent covers, l~all-mounted
fans, decorative materials, and similar equipment attached to KalIs
and ceilings shall be easily cleanable and shall be maintained
~n good repair. Attachments shall be kept clean.
Covering material installation. Wall and ceiling cover-
ing materials shall be attached and sealed so as to be easily
cleanable.
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Cleaning Physical Facilities.
.
Genera I. . Cleaning of floors and \\'all s, except e;:Jcrgc:'ncy
clcaning of 'floors, shall be done during periods when the
lcast amount of food is exposed, such as after closing or
between meals. Floor, mats, du~kboards, 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' oi dust- arresting sweeping compounds \d th broO!71s.
Utilit}' Facilities. 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 cl,eaning tools and
~or the disposal of mop water or similar liquid wastes. The
'.
use of lavat~~ies, utensil-washing or equipment washing, or
food preparation sinks for this purpose is prohibited.
Item 24. LIGHTING;
G~neral. At Qeast 50 foot-candles of light shall be pro-
vided to all working surfaces and at least 30 foot-candles of
.
light shall b~ provided to all ot~er surfaces ,and equipment ~n
food-preparation, utensil-washing, and hand-washing areas,
and in toilet rooms. At least 20 foot-candles of light at a
distance of 30 inches from the floor shall be provided in all
other areas, except that this requirement applies to ~dining
areas only during cleaning operations.
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
again~t breakage by a shield surrounding and extending beyond
the bulb, leaving only the face of the bulb exposed.
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1 t 0;:1 25.
r[\TIL.:\TIO~;
...
Goner~l. All rooms shall have sufficient vcntilati:n to
keep them free of excessive hcat, stcam, condensation, vapors,
obnoxious odors, smoke, and fumes. Ventilation systems
shall be installed and operated according to. all appliCable
laws, and, when vente~ to the outside, shall not create an
unsightly, harmful 6r unlawful discharge.
Special Ventilation.
(a) Intake and exhaust air ducts, shall be mainta{ned
- ,
to prevent the entrance of dust, dirt, and ot.her conta'r.1inating
materials.
(b) In new or ,extensively remodeled est~blishments, all
rooms from which obnoxious odors, vapors or fumes originate
shall be mechanically vented ,to the outside.
(c) When such ventilation may result in..the deposition of
particulate matter or liquids wi~hin the v~ntilation system,
ventilation hoods and ventilation equipment shall be equipped
,I
with effective, easily removable, easily cleanable filters
located adjacent to the intake openings or the intake and ex-
haust openings of the' ventilation' system. Such filters shall
be cleaned at sufficient frequencies to prevent accumulations.
Item 26. DRESSING ROOMS AND LOCKER AREAS;
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.
Locker areas. Enough lockers or other suitable facilities
shall be provided and used for the orderly storage of e~ployees'
clothing and other belongings. Lockers or other suitable
facilit~es may be located only in the designated dressing
rooms or in food storage rooms or areas contaiIling only completely
packaged food or packaged single-service articles.
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Cl~anliness. Dressing rooms or areas, and lockers, shall
be kept in a clean condition.
~
Item 27. P01SOXOUS OR TOXIC ~~TERIALS;
Materials permitted.
(a) Only those poisonous or toxic materials necessary
for the maintenance of the establishment, the' clcanin& and
sanitization of cquipment and utensils, and the control of
insects and' rodents shall be present in food service establish-
ments.
(b) Only those pesticides which have been properly
registered and approved by appropriate governmental authori-
ties for the purpose of maintaining food service establish-
ments in a sanitary condition shall be used.'
Labeling .of materials. Containers of poisonous or
toxic materials shall be prominently and'distinctly labeled
accoraing to law for easy identification of contents. Each
container shall be labeled with the manufacturer's instructions
for use.
.f
Storage of materials. Poisonous or toxic materials con-
sist of the following three (3) categories:
(a) Insecticidei and rodenticides;
(b) Detergents~ sanitizers, and related cleaning or drying
agents;
(c) Caustics, acids, polishes, and other chemic~ls.
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 scparated compartments or facilities used for no
other purpose. To preclude potential contamination, poisonous
or toxic materials shall not be stored above food, food equip-
ment, ute~sils or single-service articles, except that this
requirement does not prohibit the convenient availability of
detergent or sanitizcrs at utensil or dish~~shing stations.
Use of materials.
(a) Bactericides, clean~~~ co~pounds) or other conpounds
intended for use on fbod-contact 5~rfaces shall not be used
. .
- ~~ -
inn \.; a r
tha t 1.\'eS a tox ic res idue on eh surfacc:s, nlJ:-
~n a \,' a )' that con:::titute~ a hazard to employecs or custo:::ers.
.~
(b) roisonous or toxic Jila terials shall not be used 1n a
\\'a)" th.lt contaminates food, equipmcnt, or utensils, nor in a
~ay that constitutes a }lazard tO'employces or other pcrsons
nor ~n a way other than in full compliancc with the manu-
fac~urer's labeling.
(c) If rodcnticiAes are used in areas where food is
handled, preparcd or packaged, approved bait boxes should be
u~ed.
(d) Poisonous compounds, such as insecticldes and roden-
ticides, 'in pOlvder form, shall have a distinctive color so
as not to be mistaken for food.
Personal medications. Personal medications shall not
be stored in food storage, preparation, or service"areas.
First aid supplies. First-aid supplies shall be stored
..
in a way that prevents them ftom contamina~ing food and
food-contact surfaces.
Item 28. PREMISE~: The 'term premises shall mean-and include
the food establishment and all parts of the property used in
connection with the operation of the food establishment.
General
(a) Food establishments and all parts of the property
used in connection with operations of the establishments shall
be kept free of li~ter.
(b) The walking and driving surfaces of all exterior
areas of food service establishments shall be surfaced with,
concrete or asphalt or with gravel or similar material effec-
tively treated to facilitate maintenance and to minimize
dust. These surfaces shall be graded to prevent pooling and
kept fre,e of litter.
(c) . Only articles necessary for the operation and main-
tenance of the food ~ervice establishment shall be stored on
the premises.
(d) Equipment and utensils not in Eurrcnt use shall he
stored in a clean and sanitary co~dition or removed from the
premises.
(e), The traffic of uanecessary pe:'sons through the
f :"\..; -' .,. f'''' ~ ....!:l .. l' 0 it ':l ';" '! U t f.> T'\ - ]" 1 - ','" .::: h l' I" ("
o U "'_ ;J... '- j'" c,_ I c.:. L.. , to..- ,., . \.; _ _ ,., .. ::"I I ...... .. I .. _0"
2. 1" e ;! .5 i 5 :-, :- 0 h ~ bit e d "
- -
Li\'ing areas. Xo operation of a food service estahlish8cnt
4
shall be conducted in any room used as living or sleeping
qtiarters. Food service operations shall bc separated frc~
any living or sleeping quarters by complete partitioning and
solid, self-closing doors.
Laundry facilitics.
(a) Laundry" fa~~lities in a food establishment shall be
restricted to the washing and drying of linens~ cloths, uni-
f~rms and aprons necessary to the operation. If such items
are laundered on the premises, an electric, gas, or stean
Linens and clothes storage.
,
(a) Clean clothes and linens shall be'stored in a clean
place and protect~d from contamination until used:
(b)' SQiled clothes and linens shall be stored in non-
absorbent containers or washable laundry bags until removed
,
for laundering.
Cleaning equipment storage. Maintenance and cleaning
tools such as brooms, mops, vacuum cleaners and simil~r equip-
ment shall be maintained and stored in a way that do~s not
contaminate food, utensils, equipment, or linens and shall
be stored in an orderly manner to facilitate the cleaning of
that storage location.
Animals. . Live animals, including birds, and turtles,
shall be excluded from lvithin the food service operational
premises.and from immediately adjacent areas under the control
of the food establishment. This exclusion does not apply
to edible fish, crustacea, shellfish, or to fish"in aqua!iuns.
Patrol dogs accompanying security or police officers, or guide
dogs accompanying blind persons shall be permitted in dining
areas.
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Sec. 19-~2.
~lobile Food Servicc;
Gene'ral.
~ lob i 1 e food un its s hall com ply \vi t h a II 2 P ;'11 i -
cable la~s, and in addition mobile food units shall cornp;y
\d th the requi rcmen ts of this ordinance, except as other-
~ise provided in this s~ction. The health officer may i~~ose
additional requirements to protect against health hazards
related to the conduc~ of the food service establishmcnt
as a mobile operatio'n and may prohibit the sale of some or
all potcntially hazardous foods. The operator of a mobile
f60d unit s]lall notify in writing the Houston Health Depart-
ment cvcry month of each location where mobile units will be
in operation and shall give notice within 24 hours of any
lo<;:ations added.
Restricted operations. A mobile food unit that serves no
.
food other than (I) food that was prepa~ed and packaged in
individual servings at an approved commissary, transported
and stored under co~~itions meet~ng the requirements of this
Ordinance; (2) beverages that are not potentially hazardous
. .
,
and are dispensed from covered urns or other protected equip-
ment, and (3) PQtentially hazardous' beverages such as indi-
'vidual servings of milk, milk products and co~fee creams which
have been packaged at a pasteurizing plant, need not comply
with requirements of this Ordinance pertaining to the necessity
of potable water and sewage systems, the cleaning and saniti-
zation of equipment and utensils if the required equipment
for cleaning and Sanitization exists at its commissary, nor
to the servicing area being located in an enclosed building.
Identification of Mobile Food Units. Every mobile food
unit must be ~eadily identifiab~e by business name, printed,
permanently affixed and prominently displayed upon at least'
two sides of such units, in letters not less than 3 inches
in height.
Commissary; General. f\Iobile food units shall operate
from a commissary or other fixed food service establishment
1-
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t h Ll tis con s t r u c t e d and 0 peT Ll t e d 1 n COIn pI i an c e \d t h t h c r c: qui r e _
m~nts of this Ordinance.
Servicing Area and Operations.
(a)
Ser\" ic ino area.
L..
An enclosed service building separated
from commissary operations shall be provided for supplyi~g and
maintaining ~obil~ food units. The servicing area shall be
at an approved location, and constructed and operated in
cqmpliance. with the requirements of this Ordinance~
(b) Servicing operations.
(1) Potable water-servicing equipment shall be
stored and handled in a way that protects the water and
equipment from contamination.
(2) " The mobile food unit liquid ",Taste retention
tank, where used, shall be thoroughly flushed and
drained during the servicing operation. All liquid
waste shall be discharged to a sanitary sewage disposal
systcm in accordance with Item 16 of Section'19-21 of
this Ordinance. The flushing and draining area for
liquid wastes shall be separate from the ar~a used for
, ,
loading and unloading of food and related supplies.
(3) Vehicle cleaning and in-place cleaning of
non-food contact surfaces of equipment not requiring
sanitization s~all be done with potable water arid shall
be done in a manner which will not contaminate the
vehicle's food storage or food preparation areas or
equipment. If hoses are used in the cleaning process,
they shall be kept off the floor or pavement, on racks
or other approved suitable means, and such system shall
meet the requirements of Section 19-21, Item 17 IPluLlbing."
All such cleaning areas shall be paved with a smooth
surface of nonabsorbent material such as concrete or
machine-laid asphalt, which is sloped, to drain toward
an approved catch basin or floor drain where the liGui~
wastc can be disposed o~ in acco~d with the Tequire~~nts
of See t ion 1 9 - 21, I t e r.l 1 6 I I! S!: ~;' a ~ c . II
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...
Items of Sanitation. III addition to complying \,:ith the
requircments of this section, all mobile food service units
shall comply ~ith the following items of sanitation.
Item 1.
SI~GLE-SERVICE ARTICLES. Mobile food units
shall provide only single- service articles fo'r use by the
consumer.
Item 2.
WATER SYSTEMS.' A mobile food unit requiring
a \,'ater s>,.stem shall have a potable '...ater system under pressure.
All water uscd in connection with the mobile food unit shall
be from ~Ollrces approved by the health officer. The system
shall be of sufficient capacity to furnish enough hot and cold
water for food preparation, utensil cleaning and sanitization,
and ha.nd washing, in accordance l'li th the requirements of this
Ordinance. The water inlet shall be located in such a p~sition
that it will not be contaminated by waste disckarge, road
dust, oil, o~,grease, and it shall be provided with a transi-
tion connection of a size or type that will prevent its use
.'
for anY'~ther ,service. All water distribution pipes or
tubing shall be constructed and installed according to the
requirements of this Ordinance.
Item 3.
WASTE RETENTION. If liquid waste results from
I
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I
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!
operation of a mobile food unit, it shall be stored in permanently
installed retention tanks that are at least 50 per cent larger
than the water supply tank. Ljquid waste shall not be dis-
charged 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 p~table
water to the food unit. The waste connection shall be located
below the water connection to preclude contamination of the
potable water system.
Item 4.
GARBAGE AND REFUSE. A mobile food unit shall
have adequate and approved garbage and r~fuse storage faciliti~s.
Disposal shall be In accordance ~ith Item 20 of Section 19-21
of this Ordinance.
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\1). accident invol dng & ~i1e food uni t shall
b~ reported ~ithin 24 hours of the ti~e the accidcnt occurred
~
if such acciJcnt results in damage to the Kater systc~,
~jstc retention tank, food service equipmcnt, or any faci-
lity ~hich may result in the contamination of the food being
carried or any damage \\hich results in a violation of this
Scction. Such reports shall be made by the holder of the
mobile food unit per~ii.
Sec. 19-23. Temporary Food Service
General. A temporary food service establishment shall
comply with the requirements of this Ordinance, except as other-
wise provided in this section. The health officer may impose
additional requirements to protect against health hazards
!elated to the conduct of the temporary food service establish-
ment, may prohibit the sale of some or all potentially hazardous
foods, and when no health hazard will result, may waive or
modify requirements 6f this Ordiriance, except those require-
ments of this sec~~on.
Restricted operations.
(a) This section is applicable whenever a temporary food
service establishment is permitted, under the General Require-
ments in this section, to operate l~ithout complying with all
the requirements of this Ordinance.
(b) Only tho~e potentially hazardous foo~s requiring
limited preparation, such as hamburgers and frankfurters,
which 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 pro-
hibited. . This prohibition does not apply, however, to any
potentially hazardous food that has been prcpared and packaged
under conditions mceting the requiremcnts of, this Ordinance,
is obtained in individual servings, is storcd at a tem~cratu~~
of 45 degrees F. or belo\~ or 2.t a te~perature of 140 degrees r.
- 50 -
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\
or 3bovc in fa~ilities that ~~et the requirements of this
...
Ordi!~3nCe, and is served directl)' in thc unopened container
In '.:hi ch it \.:as packaged.
Items of Sanitation. All temporary food service
establishQcnts shall comply ~ith the follo~ing items of
sanitation.
Item 1.
ICE. I~e ~hat is consumed or that contacts food
shall have been made under conditions meeting the requircnents
of this Ordinance. The ice shall be obtained only in chipped,
crushed, or cubed form and in single-use food-grade plastic
or wet-strcngth.~aper bags filled and sealed at the point of
manufacture. The ice shall be held in these bags until used,
and when used it shall be dispensed ~n a way that protects it
from contamination.
Item 2. EQUIPMENT.
(a) Equipment shall be located and instailed in a way
that facilitates cleaning the establishment and that prevents
food contamination.
(bY Food-contact surfaces of equipment shall be pro-
tected from contamination by cons~mers and otper contaminating
agents. Where helpful to prevent contamination, effective
shields for su~h equipment shall be provided.
Item,3.
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 consumer.
Item 4.
WATER. Enough potable ''later shall be available in
the establishment for cleaning and sanitizing utensils and
equipment and for handwashing. A heating facility capable
of produ~ing enough hot water for these purposes shall be
prov~de~. .
Item S.
WET STORAGE. The storage of packaged 'food ~n con-
tact with water or undrained ice is prohibited.
Item 6.
WASTE.
Liquid and solid ~aste shall be dispens~d
of in accord3nce with all
aT'''"' ~ ; ,- ,,;: \., 1 '" 1 a \': 5 .
:.. ~. ... ... '_ ..... L" _ _
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Item 7.
H.-\XD~I;.'\SH I XG .
~
An approved fac i 1 i ty shall be pro,.ided
f.or employee hand\.:ashing. This facility shall consist or at
1 eas t \\'n I'm clean rllnning \\'3 ter, soap, and lndi vidual papc:r
t 0 \\' e Is.
Item B.
FLOORS. Floors shall be made of concrete, tight
wood, asphalt, or other similar clcanable material.
Item 9. l'i...'\LLS AI'\D CEILH\GS OF FOOD PREPARATION AREAS.
(a) KalIs and ceilings of food preparation areas shall be
constructed in a way that prevents the entrance of insects.
Ceilings.shall 'be made of wood, canvas, or other material
that protects the interior of the establishment from the
l~eather. Screening material used for walls 'shall be at least
16 mesh to th~ inch.
(b) Counter-service openings shall not be larger than is
necessary for the particular operation conducted. These open-
ings shall be provided with tight-fitting solid or screened
doors or windows that shall be provided with fans. installed
.1
."
to restrict the 'entrance of flying insects. Doors and \~indows,
if any, ~hall b~ kept closed, except when food i~ being served.
Sec. 19-24.
General. When the health officer has reasonable cause
to suspect possibility of disease transmission from any food
establishment employee, he may secure a morbidity history of
the suspected employee or make any other investigation as may
be indicated and shall take appropriate action. The
health officer may require any or all of the following measures
as he finds necessary to protect the public's health.
(a) the immediate exclusion of the employee from all
food establishments;
(b)' the immediate closing of the food establishment con-
cerned until, in the opinion of the health officer, no further
danger of disease outbreak exists.
(c) restriction of the e;:L~:lcyce's services to Some area
of the est2blish~ent where there ~o~l~ be no danger of trans-
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m~t~ing disease;
Cd) adequate medical and laboratory examinations of the
employee, of other employees, and of his and their body
dischargcs.
Sec. 19-25.
(a) Submission of plans. Whenever a food establish~ent
is constructed or remodeled and \vhenever an existing structure
is converted to use as a food establishment, three sets of
properly prepared plans and specifications for each construc-
tipn, remodeling, ot alteration shall be submitted to the
health officer for approval before construction, r~modeling, or
alteration is begun. The plans and specifications shall
indicate the proposed layout, arrangement, and,construction
materials of lyork a~,eas, and the. type of pr,oposed fixed
equipment and facilities. The health officer sha~l approve
I
the plans and specifications if they meet the requirements
of this Ordinance. No food establishment shall be construc-
ted, remodeled, or altered except 'in accordance with plans
and specifications approved by the health officer. If any
changes are to'be made concerning proposed layout, arrange-
ment, and construction materials of work areas, and the type
of proposed fixed ~quipment and facilities after the.~irst
set of approved plans and specifications have been delivered
to the owner or contractor, such changes shall be shown on
revised plans and specifications, and shall be reviewed and
approved by t~c health officer before such changes are ~ade,
and shall appear on all three original sets of plans and
specifications.
(b) Disposition of approved plans and specifications.
One set of the approved plans and specifications will be
given to the owner or contractor responsible for thc construc-
tion of the establishment. ,A secoiid set of approved plans
and specific~tions Kill be t~a~sfeTrcd to the rcpresentative
- :; 3 -
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of ,tIle health officer responsible for thc prc-operational
iryspcction and will be signed over to the establishment ~~ner
by said representative upon completion of construction a~d
issuancc of a permit. A third set of approved plans and
specifications \\i11 remain on file with the health officer.
(c) Pre-operational inspection. Whenever plans and
specifications are required by section 19-25(a) of this
Ordinance to be submittcd to the health officer, t~e health
officer or his authorized representative shall inspect the
food establishment prior to its beginning operation to deter-
mine compliance with the approved plans and specifications
and with the requ~rements of this Ordinance~
(d) The requirements of th~s section shall be in addi-
tion to all applicable requircments of the Building Code of the
City of Houston.
Sec. 19-26.
.f
A food establishment licensed at the time of enactment
of this ordinance lihich must undertake alterations or re-
modeling of its present facilities in order to comply with
the minimum requirements of this ordinance may apply for an
extension of time to complete such work. Upon such applica~
tion; the health officer shall grant a reasonable time, not
, ,
to exceed six months, for completion of such alterations or
rcmodelirig if good cause is shown as to why the necessary
changes could not be accomplished between the time this ordi-
nance was finally passed and the date this ordinance became
effective.
Division 2. Permits
Sec. 19-31. No pcrson shall opcrate a food processing estab-
lishment, food service establis}lmcnt, temporary food estab-
lishment, or mobile food unit, ~ho docs not possess a valid
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permit issued to him by the hea!th officer. Such permit
shall he kno,,':n. as a "food dealer's permit." Only a perSC:1
~ho complies ~ith the requirements of this Ordinance shall
he entitled to receive or retain such a permit. Permits
are not transferable from onc person or place, to another
person or place. A valid permit shall be posted in view of
the public in every food service establishment and every
temporar)' food service establishment. Permits for temporary
food servite establishments shall be issued for a period of
time not to exceed fourteen (14) consecutive days. All,
"food dea'lcr' s permits" shall remain the property of the
Houston Health Department.
(a) Any person desiring to obtain a food dealer's
.
permit shall make written application for such permit on forms
provided by the health officer. Such application shall in-
clude the applicant's, full name and post office address and
whether such applicant is an individual, firm, or corporation,
and, if a partnership, the names of the partners, together
with their addresses; the location and type of proposed food
processing or food se~vice establishment; an~ the signature
of the applicant or applicants. If the application is for a
temporary food,service establishment, no permit shall be
granted unless the application also sets out the inclusive
dates of the proposed operations, and the name, addr~ss and
telephone number of the owner or owners of the property
where the temporary food service establishment is' to be
located, and attached to such application is a statement
signed by the'o\iner(s) of the property or his authorized
agent, stating that arrangements have been made for the
proper disposal of all rubbish, trash and garbage and for
maintai.ning the property free from Ii tter and nuisance during
the total period of operation up to and including any clean
up time required to remove all rubbish, tr'ash, garbage and
litter resulting from the food service. 'A description of
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surh arrangc)::c:nts and the attendant facilities must be
included.
(h) Prior to approval of an application for a per~it,
the health officer shall inspect thc proposed establish~~nt
to determine compliance with the provisions of this Ordinance.
(c) The health officer shall issue a permit to the
applicant if inspection reveals that the proposed food estab-
lishment con~lics with the requirements of this Ordinance.
Sec. 19 - 32. l-Jobile Food Service Uni ts
Issuance of a Medallion.
(a) Any person desiring to operate on~ or more mobile
food service units shall have a valid food dealer's permit
and shall obtain an individual medallion for each operating
mobile food service unit from the health officer. Each
..
medallion will be issued unit-by-unit only after an inspection
reveals satisfactory compliance with the provisions of
I
Sec. 19-22 of this Ordinance. Such medallion shall remain
the property of the Houston Health Department.
(b) No person shall operate 'or cause te be operated
any mobile food service unit which does not possess a valid
medallion issued by the health officer.
'(c) Such mcdallion shall be affixed by the health officer
or his authorized agents on the mobile food service unit in
a conspicuous place where it can be viewed by patrons. A
medallion shall set forth the business name, the ~anufacturer's
serial number for that unit, the state registration number,
and the name and address of the person \\Tho appl ied for said
medallion.
(d) Application for a medallion shall be made on forDS
provided by the health officer. Such application shall in-
cludc the applicant's full name and po~t office address; the
address of where the mobile food service unit is stationed
whcn not in use; the business nanc and address of the corn-
missary or other fixed food ~~~vic~ establishment ~hcre
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potentially hazardous food supplics are obtained; the ad~ress
...
of the 5crvic~na area; a description of the mobile food unit
~hic]l includes the manufacturer's makc) model, and serial
number, the vehicle's State registration number; and the
signature of the applicant or ~pplicants.
(e) All of the provisions of this Ordinance pertaining
to food scrvice cstabiishments shall apply to the commissary
or other fixed food service establishment where the food supplies
are obtained. Any suspension or revocation of the food
dealer's permit for said establishment will be cause for sus-
pension or revocation of the medallion of any mobile food
service unit whose food supplies are being obtained from
said establishment.
Sec. 19-33.
At the time of issuance of an original food dealer's permit
and each renewal thereof, the person requesting the permit
shall pay to the ~ealth officer a permit fee for one complete
year fro"m the 'da te of issuance. Except as otherwise provided,
permit fees shall be determined by the total number of persons
employed full time or part time by the food processing or
food service establishment.
Fees shall be determined according to the following
schedule except th~t food ser~ice establishments whi~h operate
eXClusivelY as part of a day care center, nursing home, or
church kitchen, temporary food service establishments, and
catering operations when such catering operations have less
than 9 regular part-time or full-time employees, shall be charged
only the base permit fee of $20.00.
(a), Food dealer permits for establishments hav~ng:
,One to nine employees.......... .....$20.00 per year
Ten to twenty-five employees........$4Q.00 per year
Twenty-six to fifty employees.......$60.00 per year
Fifty-one, or more employees. .......$80.00 per year
(b) Mobile food service unit medallion:
At the time of issuance of a~ original medallion to
opcrate a mobile food service unit e~d each renc~al thereof, the
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person requesting said nledallio~ shall pay to the health officer
a fee for one 'cor.lplete year from the date of issue. The fee
for a medallion is $5.00. ~ledallions are not transfcrabl!:
from one person to anot}ler or from one mobile food service unit
to another mobile food service unit.
Sec. 19-34.
(a) Food dealer's permit. A food dealer's permit shall
be valid for one year from the date of issuance and shall be
renewed on or before th~ first day after the expiration date of
the pr~vious permit.
(b) Mobile food servic~ medallion. Each mobile food
service unit medallion shall be valid for one year from the date
"
of issuance and shall be renewed on or before the first day
after the expiration date of the 'previous medallion.
..
Sec. 19-35.
(a)
The Dire'ctor of Public Heal th or Deputy Director
ma)'
suspend any food dealer's permit, or medallion to operate a
mobile food unit with .such notice 'as is reasonable under the
circumstances, if the permit or medallion holder does not
comply with the requirements of this article, or if the
operation of the food processing or food service estab-
lishment, or mobile food unit otherwise constitutes a sub-
stantial hazard to public health. Suspension is effective
upon service of the notice required by section 19~35(b) of
this Ordinance. Where a permit or medallion is suspended,
food processing and/or food service operations shall immediately
cease.
(b) Whenever a permit or medallion is suspended, written
notice shall be given to the permit or medallion holder or the
person in charge or any employee or agent of the food estab-
lishment or mobile food unit. Such notice shall set forth:
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(1) the specific conditions ~n the food establish-
ment or cobile unit which are in violation of this
Article, or,
(2) the specific conditions which constitute a
substantial hazard to public health, and
(3) that, a ,hearing will be held before the Direc-
tor of Public Health or his designate.
.(4) the date, time and place of such h~aring,
(5) that the permit or medallion holder may
appeaT in,person and/or be represented by counsel and
he may present testimony ~nd may cross-examine all
witnesses~
.Such hearing shall be held not later than ten (10) days after
the date the permit Or medallion is suspended.
Cc) Whenever a permit is suspended, it shali be physical~y
, ,
removed from ~he pr~~ises by the health officer and retained
at the Health Depsrtment until the suspension has" terminated.
Cd) Wheneve~ a medallion is suspended, it shall be
physically removed from the mobile food service unit in vio-
,
lation by the health officer.
(e) All hearings shall be held by the Director of Public
Health or his designated representative. Such official shall
be referred to as ~he Hearing Officer. However, the 'Director
of Public Health shall not ~esignate any person or persons
to perform the duties of hearing officer under this section
who has participated in the inspection or inspections of
such food establishment, or mobile unit, or has prior know-
ledge of the allegations or circumstances discovered in such
inspection or inspections except such person designated as
hearing officer may, prior to the hearing, receive a copy of
the notice given to the permit or medallion hold~r or the
person in charge. .
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.
~
All hearings shall be cond~cted under rules consistent
Kith the nature of the proceedings; provided, however, the
fol10~ing rules s}lall apply to such hearings.
(1) All parties shall have the right to repre-
sentation by a liccnsed attorney though 'an attorney is
not required.
(2) Each party may present witnesses in his o~n
behalf.
(3) Each party has the right to cross-examine all
witncsses.
(4) .Only evidence presented before the Hearing
Officer at such hearing may be considered in rendering
the order.
If the permit or medallion holder fails to appear at
,
the hearing at the time, place and date specified, the City
shall presen~ sufficient evidence to establish a prima
facie case showin~ violation of this article or conditions
constit~ting a hazard to public health which formed the
basis of the suspension of the permit or medallion.
.
. (f) If the hearing officer finds that the food service
establishment, food processing establishment or mobile unit
was, in fact, in violation of this article or that it con-
stituted a hazard to public health, the hearing officer
shall make written findings of fact and shall order the
permit or medallion suspended until all violations of this
article are corrected and any conditions constituting a
hazard to public health are eliminated. A copy of the
Findings and Order of the hearing officer shall be sent by
certified rnail,return receipt requested to the permit or
me~allion holder.
If the hearing officer finds that the public interest
will be adequately protected by a warning or other p~nalties
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authorized und~r this ArticIc,~he may reinstatc the pcr~it or
medallion.
(g) ~henevcr thc rcasons for a suspension no longer
exist, the permit or medallion holder or person in char~e shall
notify the health officcr that the conditions under whi~h the
permit or medallion was suspended have been corrected a~d
t~at an inspection is requested. Such inspection shall be
conducted' as soon as possible after receiving the request
and in no 'e~ent no later than three (3) regular working
days after the receipt of the request for inspection.
(h) When a mobile food service unit medallion which
has been suspended is r~instated, a new medallion shall be
affixed to the unit at no extra cost to the owner or operator.
~ reinstated medallion shall include all of the same informa-
tion as that which appeared on the medallion which was' sus-
..
pended.
, Sec. 19-36. ,I
(a) A food dealer's permit or medallion to operate a
mobile food service u~it may be revoked if:
(1) the permit holder or his agents or employees
interfere ,with an inspection of the food establishment
,by a health officer or his authorized agents, or
(2) there are repeated or serious violations of
the applicable portions of this ordinance, or
(3) there are repeated or serious violations of
Federal or State food laws or laws regulating food
establishments as defined in this Ordinance, or
(4) in the case of mobile food service units if
the' permit holder or his agent has not reported an
accident to the health officer within 24 hours of the
time the accident occurred if such accident resulted in
the damage of the water system, Kaste'retention tank,
food service cquipment, or any faciiity which may
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~.
result in thc contamination of the 'food being c~rri':.:J.
.;
or any daDage ~hich rcsults In a violation of the p~o-
visions of Sec. 19-22 of this Ordinance.
(b) Prior to revocation, written notice shall be given
to the permi t or mcdall ion holder or person In charge. S~:ch
notice shall set forth:
(I,) the ~r6unds upon which City will seek revo-
cation of the permit.
,(2) the specific violations of this article or of
Federal or State l~w upon which the City will rely in
seeking revocation of the permit.
(3) that a hearing will be held before the Director
of Public Health or his designated agents.
(4)' the date, time and place of such hearing.
(5) that the permit or medallion holder may
appear in person and/or be represented by. counsel, may
present'~estimony and may cross-examine all witnesses.
(c) Such he~ring shall be held,in accor~ance with
Sec. 19~3S(e). If the permit or medallion holder fails to
appear at the hearing at the time, place and date specified,
the City shall present sufficient evidence to establish a
prIma facie case showing that an act or acts have been com-
mitted which constitutes grounds for revocation of a permit.
(d) After completion of t~e hearing, the hearing officer
shall make written findings as to whether or not grounds exist
for revocation of the permit or medallion. If th~ hearing
officer finds that grounds do exist for rev6cation of the
permit or medallion he shall revoke such. A coPY of the
written findings shall be sent by certified mail, return
rece ipt ,reques ted, to the permit or medallion holder. If
the addre,ss of the permit or medall ion holder is UnknO\VD, or
if such Findings are returned undelivered, such ~indings shall
be served on the person in charge of the food cstablishment
or mobile food unit.
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Ii the' .rini; officer rcvokes th.crmit. or r.),~da:!.lion,
\:rittcn notice of such revocation shall, be served on ttc per~it
or T.1cdaIl i on hOlder or the person in charge \d th a cop>, of
the Findings.'
Upon service 'of a writtcn notice that the permit or
mcdallion has been revoked as provided herein, all food opera-
tions shall cease immediately.'
(e) Khencv~r a permit or medallion is revoked, it shall
bc physically removed from the premises or vehicle by the
health officer.
(f) In the event a permit or medallion is revoked, the
City shall not be liable to the permit hOlder for any refund
of any part of the permit fee. Reinstatement of a permit
which has been revoked ~hall require application and payment
of a permit fee as if it were an initial application.
Sec. 19-37.
Any notice prov.ided in this Ordinance may be ser\red by
personal delivery or by certified mail, return re~eipt requested.
"
Sec. 19~38, 19-39, 19-40 and 19-41 - Reserved.
Division 3. Food Service Manager's Certification
Sec. 19-42.
There shall be a program of food service manager's certi-
fication conducted ,under the direction of the health 'officer.
Such a program shall have as its primary goal the training of
persons in managerial positions within the food service industry
in safe food handling practices, including knowledge of
Houston's Food Service Sanitation Ordinance. Training shall
be accomplished by means of a special COurse which will be
made available to those persons seeking certification.
Certification shall be accomplishcd after all course require-
ments have been met and the applicant has demonsirated by
means of an exa~ination that he possesses the required mini~u~
essential knowledge as determined by the 'health officer.
Sec. 19-43.
(a)
} . 1-'''' .
It s 1211 :.e un a..,;~tL ~OT ~~:-.:" person O\,'nlng,
opera-
.
ting, directing, or !:1a;:~~ing Cln)" foc~ ;!stabl:'5h~~ent, catering
.
.
~
operntion~ or any place or vehicle regulated by this Or~inance
~hcre food or drink is manufacturcd, produced, processed,
prepared, or other~ise manipulated, to fail to employ or
. fail to keep in his employ a manager, assistarit 'manager,
supervisor, or other person in charge of said establish~ent
who has in his possession a valid and current food service
manager's certification card issued to him by the health
officer in accord with the provisions of this division of
the Ordina!lce. Provided, however, convenience stores shall
not be required to have a food service manager in charge of a
store if such establishment is under the supervision of a
food service m~nager who so supervises not more than eight (8)
such stores.
(b) Persons applying for a permit to ope~ate a temporary
food service establishment shall be exempt from the food
service manager's certification requirements if such applicant
.f
can show evidence of an adequate understanding of the ordinance
dealing with temporary food service establishments, and an
,
adequate understanding' of satisfactory operating practices
and is not simultaneously associated with another food service
operation in the City or its immediate environs.
(c) A food service manager's certification is npt trans-
ferable from one person to another person.
Sec. 19-44.
(a) Any person desiring food service manager's certification
shall make l~ritten application for said certification on forms
provided by the health officer. Such application shall include
the applicant's full name and post office address; identifying
feature~such as color of hair, eyes, height, we~ght, sex,
age; a summary of the applicant's experien~e regarding food
service managernent~ tIle name and address of the establish-
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~ent wllere the applicant is cu~rcntlr employed; a description
of duties; and the signature and title of the applicant.
(b) A cOi~pletcd application for food service managcr's
certification sh31l serve as a requcst for enrollment in a
special course of training conducted under the direction of
the hcalth officer.
Those agencies; institutions, or other entities wishing
to conduct a course of training for the purpose of food service
manager's cc~.tification, may do so if the course curriculum
and instructors have been approved by the health officer.
In any event, all examinations for certification are to be
administered by the Houston Health Departme~t.
(c) The requirement that an appli~ant for food service
manager's certification attend a course of training and pass
an examination shall be waived if the applicant has been
employed at least three (3) full consecutiv~ years as ~ food
service manager or in a similar,position of authority,
immediately preceding the effective date of the ordinance or if
the applicant is a graduate of at least a 2 year program in
Restaurant and/or Hotel ~lanagement approved by the Director.
The Director shall approve such program only if he finds
that the standards and curriculum are such as to insure that
the students are knowledgeable of safe food handling practices.
Provided, however, 'any applicant must attend a cours~.of training
and pass an examination for certification if there have been
repeated violations of the Health Code in the food'establish-
mentes) whcre the applicant has been in a position where he
had authority'to prevent or eliminate such violations.
(d) All applications for food service manager's certi-
fication must by accompanied by the appropriate fee as set
forth in Sec. 19-47.
(e) The health officer may deny an application for a food
servicc manager's certification if any person knowingly
- 65 -
. .
l:1ake~ ~~ny false, fT:lullulcnt, or unla\.:ful statement on the
applicntion.
Sec. 19-45.
(a) The special course of training for',food service
manager's certificatipn shall be bt least ten (10) hours in
length but not more than twelve (12) hours in length.
(b) Courses ldll be scheduled periodically throughout
the Cit}' of Houston to allow all qualified individuals
the opportunity for training.
(c) All persons completing the Course of training for
fopd service man~gerls certification shall be required to
demonstrate by means ~f an examination that they possess a
minimum essential knowledge of safe food handling practices,
including an acceptable knowledge of Houston's Food Service
..
Sanitation Ordinance, Chapter 19, Article II of the Ordinances
of the City of Houston. A passing score for thi~ examination
.1
shall be at least 75 points out of a possible 100.
Cd) If an,applicant fails to pass the required examina-
tion for certification, he must take or repeat the, course of
training before taking another examination.
Sec.' 19-46.
(a) A person may be issued a food service manager's
certification if he has satisfactorily completed the require-
ments set forth in Section 19-44. Such certification shall be
in the form of an identification card, and shall include the
applicant's full name and post office address; identifying
features such as height~ \veight, and age; the signature of the
person certified; the signature of the health officer; the
date issued and the expiration date; and a photograph of
the per~on certified~
(b) A person possessing a food service manager's certi-
fication card shall have said card on his pcrson as proof or
certification at all times ~~ilc C~ duty.
- 6 (1 -
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.
(c) A person possessing a~food service manager's c~:ti-
fication card .:,l1a11 present said card for examination \\'h~~n
requested to so do by the heal th officer or his duly.aut!:orized
represen tat i \"CS.
(d) Valid food s~rvicc manager's certification car~s re-
main the property of the Houston Health Department and reay
be required to be surrendered to the health officer to be
voided when.5uch has been revoked.
Sec. 19 - 4 i .
Feci for food service manager's certification and each
renel'lal thereof are as follows:,
(a) Food service manager's certificate - an application
.
fee of fifteen dollars ($15.00) shall be required to be paid
to the health officer at the time of application, reapplication
or renewal. This fee is required regardless of whether or
(c) Replacement of a certification card - An individual
who has lost a ,valid, current food service manager's certifi-
cation card may obtain a replacement from the health officer
for a fee of two dollars ($2.DO).
Sec. 19-48.
(a) A food service manager's certification shall be valid
for three (3) years from the date of issuance and shall be
renewed on or before the first day after the expiration date
of the c~rrent certification.
(b), 'Any person desiring to renew a food service manager's
certificate shall nlake application on forms provided by the
health officer not more than thirty (30) d~ys prior to nor
latcr than six (6) months after the date 'of expiration of
- 6; -
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.
.
the c crt i f i c a 't c . S 1I C h per son S11 n II set for t h his full n a:~ e ,
post office address, identifying features such as color o~
hair, cyes, ~eight, sex and age, the name and address of
the establishment ~herc the pe~50n is employed; his title,
a description of his duties and his signature. Such applica-
tion for rene~al,of a: food servic6 manager's certificate ~ust
be accompanied by payment of the fee as set out in Sec. 19-47.
Sec. 19-49.
A food service manager's certificate may be revoked
if:
(I) The food service manager interferes with an
inspe~ti9n of the food establishment by the h~alth
officer or his authorized agents.
(2) There are repeated or serious violations of
this Ordinance in the food establishment at times the
food service manager is in charge.
,I
(3) There are repeated or serious violations of
Federal or State food laws or laws regulating the
operation of the'food establishment at times the food
service manager is in charge.
Prior to revocation of.a food service manager's certificate,
written notice shall be given to the food service ma~ager
and to the holder of the food dealer's permit for the estab-
lishment in which the food service manager ~s employed.
Such notice shall set forth:
(1) the grounds upon which the City will seek
revocation of the certificate.
(2) the specific violations of this article or of
Federal or State laws upon which the City will rely in
seeking revocation of the certificate.
(3) that a hearing will be held before the
Director of Public Health or his design3ted agen~s.
(4) the date, time and place of such hearing.
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.
.
(5) that the food service nanager may appear in
....
person ~n4/or be rcprescnted by counsel, may prcsen:
testireony and may cross-examine all witnesses.
(c)
Such hcarino shall be held in accordance with
o
Sec. 19-35(e). If the food service manager fails to appear
at the hearing at the time, place and date specified, th~
City shall pr~sent sufficient evidence to establish a prina
facie case shot~ing that an act or acts have been committed
which constitutes grounds for revocation of the certificate.
(d) After completion of the hearing, the hearing officer
shall make \~ritten findings as to whether or not grounds exist
for revocation of the certificate. If the hearing officer
finds that grounds do exist for revocation of the certificate,
he shall revoke such. A copy of the writ~en findings shall
be sent by certified mail, return receipt requested, to the
food service manager and to the holder of 'the food dealer's
permit for th~ establishment in which the food service
manager is employled.
, If the hearing officer revokes the certificate, written
notice of such revocation shall be, served on the food servi.ce
,
manager and the holder of the food dealer's permit with a
copy of the findings.
Upon receiving written notice that the food service
manager's certificate has been revoked, the food service
manager shall submit the certificate to the health officer.
In the event a certificate is revoked, the City shall not be
liable for any refund of any part of the fee paid for the
certificate.
A person whose food service manager's certificate has
been reVoked, shall not be granted a new certificate until
he has attended a course of training and passed the required
examination subsequent to t}le revocation, and m~t all require-
ments of an initial applicant.
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.
.
Sec. 19-50.
~
It sJlal1 be unlawful for any person to knowingly Eake
an)" false, fraudulent, or untruthful statement, on any a~?li-
cation for food service manager's certification, or in any
Ka)" kno~ingly conceal any matcrial fact or give or use any
fictitious nane in order to secure or aid in securing a food
service ffi3nager's certification required by this division.
Any such food service certification card so secured shall be
void.
Sec. 19-51.
Fraudulent use.
It shall be unlaliful for any person to, fraudulently make
use of, in any manner for his own or another's benefit or
advantage, a food service manager's certification whi~h has
not been duly issued to him in accordance l~ith,the provisions
of this division.
.'
Sec. 19-52.
This Article shall be liberally construed and applied
.
to promote its underlying purpose of protecting the
public health."
Section 2. The provisions of this ordinance shall become
effective ninety (90) days from pa~sage and approval by the Mayor
except Sec. 19-43(a) shall become effective twelve (12) months from
p~ssage of this ordinance and approval by the Mayor.
Section 3. If any provision, section, subsection, sentence,
clause or phrase of this ordinance, or the application of same to
any person or set of circumstances is for any reason held to be
unconstitutional, void or invalid, the validity of the remain-
ing portions of this ordinance or their application ~o other persons
or sets of circumstances shall not be affccted thereby, it being
the intent of the City Council in adopting this ordinance that no
portion thereof or provision, or re~~lation contained herein, sh~ll
become inopcrati\'e or fail by reasor: of n::y unconstitutionality
- 70 -
.
.
..,
o f ~ n r 0 : :. .~.:. p O~. t i 011 her co fan d a 11 ~p r 0 \" i s ion s 0 f t his 0 r din an c c
are declar::::: to be severable for that purpose.
ScctiO,l :J. There exists a public er.:ergenc)" requiring th~t
this ordin:-t:l'::c be passed finally on the date of its introducti.on,
. ,
and .the Mayor having in writing declared the existence of such
emergency and requested su~h passage, this ordinance shall be
passed finally on the date of its introduction, this ~
day of
C'-- ___'
',.,.,. .of"~~J.(....(_.....-
-' t/.
, 1978.
PASSED this
~
~
day , 1978.
day 0 , ~~.----t1- , 1978.
, p',.'..
i:V~ n,'1 '
....t~<~-. , ;,:<,LO' '
Ma~~;"~:'~;~;~ Houston
APPROVED this
APPROVED:
kk~C ~G->A-
I~ssistant City Attorney
.1
..
(Requested by Dr. James C. Watson, Health Department)
(P~epared by Legal Department: ALC:kf, 7/5/78)
L. D. File No. 19,010
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