HomeMy WebLinkAboutOrdinance - 8018-1980 - Deleting Contents And Subs. New Chapter 13 "Rules On Food Service Sanitation". - 03/27/19808018
AN ORDINANCE AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF
LUBBOCK, TEXAS, BY DELETING THE EXISTING CONTENTS THEREOF AND SUBSTITUTING
THEREFOR A NEW CHAPTER 13 WHICH PROVIDES FOR INCORPORATION BY REFERENCE OF THE
"RULES ON FOOD SERVICE SANITATION" ADOPTED BY THE TEXAS DEPARTMENT OF HEALTH,
1977, AS AMENDED; REQUIRING PERMITS; PROVIDING FOR PERMIT APPLICATION, ISSUANCE
AND FEES; PROVIDING CERTAIN DEFINITIONS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council deems it to be in the best interest of the
health, safety and general welfare of the citizens of the City of Lubbock to
adopt new food service sanitation rules; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Chapter 13 of the Code of Ordinances of the City of
Lubbock BE and is hereby amended by deleting the existing contents thereof and
substituting therefor the following:
CHAPTER 13
FOOD SERVICE SANITATION RULES
Sec. 13-1. Adoption of Rules for Food Service Sanitation.
The "Rules on Food Service Sanitation" adopted by the Texas Board
of Health November 30, 1977, as amended, is hereby incorporated into
this ordinance by reference and food sanitation within the City of
Lubbock shall be enforced and regulated in accordance with said rules.
A copy of said rules shall be filed with the City Secretary and a copy
maintained in the office of the City Health Department, which copies
shall be available for public inspection during the business hours of
the offices in which they are maintained.
Sec. 13-2. Permits Required; Nontransferable; Posting Required;
Temporary Food Service Establishments.
(a) It shall be unlawful for any person to operate a food
establishment within the City, or its police jurisdiction, who does
not possess a valid permit issued to him by the City Health Department.
Only a person who complies with the provisions of this chapter shall be
entitled to receive and retain such a permit.
(b) Permits shall not be transferable from one person to another
person or place.
(c) A valid permit shall be posted in a conspicuous place in
every food establishment.
(d) Permits for temporary food service establishments shall be
issued for a period of time not to exceed fourteen (14) days.
Sec. 13-3. Application for Permit; Inspection by Health Department;
Issuance.
(a) Application. Any person desiring to operate a food establish-
ment shall make written application for a permit on forms provided by
the City Health Department. Such application shall include:
' .. .. "' ·-, •"
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_,_
(1) the applicant's full name, office address and
telephone number, including the address and
telephone number of the home office, if any, and
whether such applicant is an individual, firm, or
corporation, and, if a partnership, the names,
addresses and telephone numbers of the partners, and
(2) the location and type of food establishment, and
(3) the signature of the applicant or applicants, and
(4) if the application is for a temporary food service
establishment, it also shall include the inclusive
dates of the proposed operation.
(b) Inspection. Upon receipt of such application, the City Health
Department shall make an inspection of the food establishment to determine
compliance with the provisions of this chapter. The Regulatory
Authority may make such inspections thereafter as it shall deem
necessary to insure compliance with this chapter.
(c) Issuance; Fee. When inspection reveals that the applicable
requirements of this chapter have been met, including payment of a
permit fee, a permit shall be issued to the applicant by the City
Health Department. The annual permit fee to be paid by each applicant
shall be as follows:
Food Service Permit:
Seating Capacity 0-10 ••••••••••••••••••••• $20.00
Seating Capacity 11-30 •••••••••••••••••••• $40.00
Seating Capacity 31-50 •••••••••••••••••••• $50.00
Seating Capacity over 50 •••••••••••••••••• $60.00
Food Processing Permit:
Square Footage 0-1000 ••••••••••••••••••••• $35.00
Square Footage 1001-3000 •••••••••••••••••• $50.00
Square Footage 3001-5000 •••••••••••••••••• $65.00
Square Footage 5001-10,000 •••••••••••••••• $80.00
Square Footage over 10,000 •.•••••••••••••• $95.00
Day Care Food Service Permit ••••••••••••••••••• $10.00
Temporary Food Service Permit •••••••••••••••••• $20.00
Reinspection Fee •......•.•.••....•......•...•.. $15.00
Sec. 13-~ Suspension of Permit; Reinstatement of Permit; Hearings.
(a) Suspension. Permits may be suspended by the health authority
for failure to comply with the requirements of this chapter.
(b) Noncompliance with Notice. Whenever a permit holder or operator
has failed to comply with any notice issued under the provisions of this
chapter, the permit holder or operator shall be notified in writing that
the permit is, upon service of the notice, immediately suspended, and
that an opportunity for a hearing will be provided if a written request for
a hearing is filed with the City Manager by the permit holder.
-,
(c) Reinstatement of Permit. Any person whose permit has been
suspend~d may, at any time, make application for a reinspection for
the pur~ose:of reinstatement of the permit. Within Forty-eight (48)
hours following receipt of a written request, including a statement
signed by the applicant that in his opinion the conditions causing sus-
pension of the permit have been corrected, the health authority shall make
a reinspection. If the applicant is in compliance with the requirements
of this chapter, the permit shall be reinstated.
(d) Hearings. The hearings provided for in this chapter shall be
conducted by the City of Lubbock Permit and License Appeal Board and
shall be conducted in accordance with the provisions of Chapter 2,
Article 'IX of the Code of Ordinances.
Sec. 13~~. Definitions.
(a) "Regulatory authority11 shall mean the City of Lubbock Health
Officer pr designated representative.
(b) "Tight-fitting" shall mean "close-fitting" for purposes of this
chapter.
Sec. 13-i>. Penalties for Violation.
Any•person who shall violate any of the provisions of this chapter
shall be'guilty of a misdemeanor and, upon conviction thereof, shall be
punished by a fine of not more than two hundred dollars ($200.00). In
addition thereto, such persons may be enjoined from continuing such
violations. Each day upon which a violation occurs shall be a separate
violation.
SECTION 2. THAT should any section, paragraph, sentence clause, phrase
or\word of this Ordinance be declared unconstitutional or invalid for any
reason, the r~mainder of this Ordinance shall not be affected thereby.
SECTION 3. THAT the City Secretary is hereby authorized to cause publica-
tion of the descriptive caption of this Ordinance as an alternative method
provided by law.
Passed by City Council on
Passed by City Council on ;
,.
ATTEST:_· --
APP~pVED.CAS_;J:O"·cONTENT:
AND IT IS SO ORDERED.
first reading this 27th day of March ,1980.
second reading this lOth day of ---;AF-p~r~i,l------------,1980.
7\~yr•H•~ '~ .. ~.l a .. •~ ____ _
K;EST, Mayor
·. · .. ~ ~ ·> .· -~-~ jOrt~ 'Orr, M.D;,, City Health Officer
·--
1be State of Texas
County of lubbock
Before n:e, Gilbert E. Flores, a thtary Public in anc1. for lnbbock County,
Texas on this day personally appeared Bidal Aguero of Amigo Pub licatioru3 ,
publishers of El Editor, weekly newspaper, who being by rre duly sworn did
depose and say that said newspaper has been published continuously for
1J.'Dre than fifty-~ weeks prior to the first insertion of this City Ordi-
nance No. ifl.f at lllbbock County, Texas and the attached printed copy _ f
the City Or-a:Eiaiiee is a true copy of the original and was printed in El
Editor on the following dates: ~-.::2 R -.Ra s? -Sf-1'.. o __ _
~~
Amigo Publications
Subscribed and sworn to before I1P. thisc?/ day of April, 1980.
-.. ~ .. --...
RULES ON FOOD SERVICE SANITATION
TEXAS DEPARTMENT OF HEALTH
DIVISION oF Fooo AND DRuGs
AusTIN, TexAs
No Text
. .
ADOPTED BY THE TExAs BoARD OF HEALTH
NovEMBER 30J 1977
·.
.001.
.002.
.003.
.004.
.005.
.006.
.007.
.008.
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.009.
RULES ON FOOD SERVICE SANITAnON
TABLE OF CONTENTS
Purpose ---------------------------------------------------------------··--
Definitions ------------------------------------------------~------------
Food Care ---------------------------------------------------------------
(a) Food Supplies ------------------------·---------------•-------------
(b) Food·· Protection ---------------------------------------------------....
(c)
(d)
(e)
(f)
Food
Food Storage -------------------------------------------------------
Preparation ---------------------------•-----------------------
Food Display and Service -------------------------------------------Food Transportation ---------------------~--------------------------
Personnel -------------------------------------------~------------------(a)
(b)
(c)
(d)
Employee Health ----------------------------------------------------Personal Cleanliness
Clothing -----------------------------------------------------------
Employee Practices -------------------------------------------------
Equipment and Utensils
(a) Materials
' ------------------------------------------~-------
(b) Design and Fabrication
(c) Equipment Installation ----~----------------------------------------
and Location -----------------------·--------
Cleaning, Sanitization and Storage of Equipment and Utensils ------------
(a) Equipment and Utensil Cleaning and Sanitization --------------------
(b) Equipment and Utensil Storage --------------------------------------
Sanitary Facilities and Controls
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Water Supply ----------------------------~--------------------------
Sewage -------------------------------------------------------------
Plumbing -------------------------•-------------·---------·---------
Toilet Facilities --------------------------------------------------Lavatory Facilities
Garbage and Refuse -------------------------------------------------Insect and Rodent Control -·----------------------------------------
Construction and Maintenance of Physical Facilities
(a) Floors
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Walls and Ceilings -------------------------------------------·------
Cleaning Facilities ------------------------------------------------
Lighting -----------------------------------------------------------
Ventilation --------------------------------------------------------
Dressing Rooms and Locker Areas ------------------------------------
Poisons or Toxic Materials -----------------------------------------
Premises -----------------------------------------------------------
Mobile Food Units --------------~----------------------------------------
(a) -Mobile Food Service ------------------------------------------------
(b) Commissary ----------------------------------------------------·----
(c) Servicing Area and Operations --------------------------------------
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.010.
.ou.
Temporary Food Service Establishments ·----·-----------------------------
(a) General --~-------;·------------------------------------------------(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
Restricted Operations ----------------------------------------------Ice ----------till!"·--------·------------------------------;,;:~--~---------
Equipment --------------------------------------------------~-------·
Single-Service Articles -----•-----------·-------~-·----------------
Water ----------------------------------·----------------------~-•--
Wet Sto.rage -----------.. ·----------------------------------------~-·
·Waste ---------------------·--------------.---------------------------
Handwashing ------------------------------------------~--------------·
Floors -----~~------------------------------------------------------Walls and Ceilings of Food Preparation Areas -----------------------
Inspection ·and Enforcement --------------------------------------------·--
(a) Access ----------------------------------~-------·-----------------
(b) Report of Inspections ------------------------------------·---------
(c) Correction of Violations ---------------------~---------------------(d)
(e)
(f)
Examination and Condemnation of Food -------------------------------
Procedure When Infection is Suspected ------------------·-----;.. .......
Inspection Report Form -----------------------------------------~---
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Texas Department of Health
Food and Drug
301.73 RULES ON FOOD SERVICE SANITATION
301.73.11.001 -.011
Page _...!. of 2Q.
.001. Purpose. The function of these rules is to protect the public health by
: establishing uniform requirements for food service operations •
• 002. Definitions. For the purpose of these rules:.
(a) "Commissary" means a catering establishment, restaurant, or any other
place in which food, containers, or supplies are kept, handled, prepared, packaged
or stored.
(b) "Corrosion-resistant materials" means 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.
(e) "Easily cleanable" means 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.
(d) "Employee" means individuals having supervisory or management duties
and any other person working in a food service establishment.
(e) "Equipment" means 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.
(f) "Food" means 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.
(g) "Food-contact surface" means those surfaces of equipment and utensils
with which food normally comes in contact, and those surfaces from which food may
Texas Department of Health
Food and Drug
301.73
Page _.l, of .2Q.
drain, drip, or splash back onto surfaces normally in contact with food.
{h) Food establishments.
(1) "Food p:a:ocessing establishment" means a cosmnercial establishment
in which food is manufactured or paekaged ! for human consumption. The term does
not include a food service establishment, retail food store, or commis~ary
Qperation.
{2) "Food service establishment" means any place where food ts prepared
and intended for individual portion service, and includes the site at which indi-
.'
vidual portions are provided •. The term includes any ,uc;h 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 delicatessen-type operations that
prepare sandwiches intended for individual portion servic_e. 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. ..
(i) "Hermetically sealed container" means a container designed and
tntended te be secure against the entry of microorganisms and to maintain the
commercial sterility of its content.aft:er processip.r;.
{j) ''Kitchenware" means all multi-use utensils other than tableware.
(k) "Law" includes Federal, State, and J,Qcal statutes, ordinances, and
t"egulations.
(1) "~obile food unit'' JD.eans a vehicle"'1110unted food service establishment
(Jn) "Packased" means bQttled1 canned, or cal;'toned or securely wrapped.
(n) "Person" includes any individual, partnership, corporC~,tions, association,
trustee, or other leg·8.l entity.
Texas Department·of Health
Food and Drug
301.73
Page _l of ..2Q
(o) "Person in charge" means 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.
(p) "Potentially hazardous food" means any food that consists in whole
or in part of milk or milk products, eggs, meat, poultry, fish, shellfish,
edible crustacea, or other ingredients including synthetic ingredients, in a form
capable of supporting rapid and progressive growth ·of infectious or toxigenic
microorganisms. The term does not include clean, whole, uncracked, odor-free
shell eggs or foods which have a pH level of 4.5 or below or a water activity (Aw)
value of 0.85 or less.
(q) ''Reconstituted" means recombining dehydrated food products with water
or other liquids.
(r) "Regulatory authority" means ,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.
(s) "Safe materials" means articles manufactured from or composed of
materials that may not reasonably be expected to result, directly or indirectly,
in their becoming a component or otherwise affecting the characteristics of any
food. If materials are food additives or color additives as defined in 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 the Act. Other materials are 11safe" only.if they
are not food additives or color additives as defined in Section 20l(s) or (t) of
the Federal Food, Drug, and Cosmetic Act, as used.
Texas Department of Health
Food and Drug
301.73
Page __.! of .2.Q.
{t) "Sanitization" means effective bactericidal treatment by a process
that provides enough accumulative heat or eoncentration of chemicals for enough
time to reduce the bacterial count, including pathogens, to a safe level on
utensils and equipment.
{u) "Sealed'! means free of cracks or other openings that permit the entry ·
or passage of moisture.
{v) "Single-service articles" means cups,contaitiers,.lids, closures,
plates, knives, forks,· spoons, stirrers, paddles t straws, napkins, wrapping
materials,. toothpicks and similar articles intended for one .. time, one-person
use and then discarded.
{w) "Tableware" shall mean all multi-use eating and drinking utensils
including flatware {knives, forks and spoons).
{x) "Temporary food service establishment" means· a food service· establish-
ment 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.
{y) nutensil" means any implement used in the storage, preparation,
transportation, or service of food •
• 003. Food Care.
{a) Food Supplies.
{1) General. Food shall be in sound condition, free from spoilage,
filth, or other contamination and shall be safe for human consumption. Food shall
be obtained from sources that comply with all laws relating to food and food
labeling. The use of food in hermetically sealed containers that was not prepared
in a food processing establishment is prohibited.
Texas Department of Health
Food and Drug
301.73
(2) Special Requirements.
Page __2. of ...2.Q. .
· · (A) Fluid milk and fluid .milk products used or served shall be
pasteurized and shall meet the Grade A quality standards as established by law.
Dry milk and dry milk products shall be made from pasteurized milk and milk products.
(B) Fresh and frozen shucked shellfish (oysters, clams, or mussels)
shall be packed in nonreturnable"packages identified with the name and address of
the original shell stock processor, shucker-packer, or repacker, and the interstate
certification number issued according to law. Shell stock and shucked shellfish
shall be kept in the container in which they were received until they are used.
Each container of unshucked shell stock (oysters, clams, or mussels) shall be
ide11tified 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 controlagency.
(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, commercially
prepared and packaged, may be used.
(b) Food Protection.
(1) General. At all times, ·including while being stored, prepared,
displayed, served, or transported, food shall be protected from potential contami-
nation, including dust, insects, rodents, unclean equipment and utensils, unnecessary
handling, coughs and sneezes, flooding, drainage, and overhead leakage or overhead
drippage from condensation. The internal temperature of potentially hazardous food
shall be 45°F.(7°C.) or below or 140°F.(60°C.) or above at all times, except as
otherwise provided in these rules.
Texas Department of Health
Food and Drug
301.73
Page __.!. of 50
(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 eharge shall immediately contact the regulatory
authority. Upon receiving notice of·this occurrence, the regulatory authority
shall take whatever action that it deems necessary to protect the public health.
· · (c) Food Storage.
(1) General.
(A) Food, whether raw or prepared, if removed from the container
or package in which it was obtained, shall be stored in a clean:covered container
except during necessary'periods of preparation or service. Container covers 'shall
be impervious and nonabsorbent, except that linens or napkins may be used for
lining or covering bread or roll containers. Solid cuts of meat shall be protected
by being covered in storage, except that quarters or sides of meat may be hung
uncovered on clean sanitized hooks if no food product is stored beneath the meat.
·(B) Containers of food 'shall be stored a minimum of six inches
above the floor in the manner that protects the food from splash and other
contamination, and that permits easy cleaning of the storage area, except that:
(i) Metal pressurized beverage containers, and cased food
packaged in cans, glass or other waterproof containers need not be elevated when
the food container is not exposed to floor moisture; and
(ii) Containers may be stored on dollies, racks or pallets,
provided 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 by law. The storage of food in toilet rooms
. ·
Texas Department of Health
Food and Drug
301.73
or vestibules is prohibited •
Page __l of ~ •
(D) Food not subject· to further washing or cooking before serving
shall be stored in a way that protects it against cross-contamination from food
requiring washing or cooking.
(E) Packaged food shall not be stored in contact with water or
undrained ice. Wrapped sandwiches shall not be stored in direct contact with ice.
(F) Unless its identity is unmistakable» bulk food such as
cooking oil, syrup, salt, sugar or flour not stored in the product container or
package in which it was obtained, shall be stored in a container identifying the
food by 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 refrig-
erated 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 warmest part of the facility and located to be easily
readable. Recording thermometers, accurate to ±3°F., may be used in lieu of
indicating thermometers.
(B) Potentially hazardous food requiring refrigeration after prep-
aration shall be rapidly cooled to an internal temperature of 45°F.(7°C.) or below.
Potentially hazardous foods of large volume or prepared in large quantities shall
be rapidly cooled utilizing such methods as shallow pans, agitation, quick chilling
or water circulation external to the food container so that the cooling period shall
not exceed four(4) hours. Potentially hazardous food to be transported shall be
Texas Department of Health
Food and Drug
301.73
Page __.§. of .2Q.
prechilled and held at a temperature of 45°F.(7°C.) or below unless maintained in
accordance with paragraph (3)(B) of subsection (c) of this rule.
(C) Frozen foods shall be kept frozen and shall be stored at
a temperature of 0°F.(-18°C.) or below.
(D) Ice intended for human consumption shall not be used as
a medium for cooling stored food, food containers or food utensils,.except that
such ice may be used for cooling tubes conveying beverages or beverage ingredients
to a dispenser head. Ice used for cooling stored food and food containers shall
not be used for human consumption.
{3) Hot Storage.
(A) Conveniently locatea 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 ±3°F.,
located to measure the air temperatu~e in. the coolest part of·the facility and~
located to be easily readable~ Recording thermometers, accurate to ±3°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 1400p.(60°C.) or above except during necessary
periods of preparation. Potentially hazardous food to be transported shall be
held at a temperature of 1400p.(60°C) or above unless maintained in accordance with
paragraph (2)(B) of subsection (c) of this rule.
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Texas Department of Health
Food and Drug
301.73
(d) Food Preparation •
Page __2. of .2.Q.
(1) General. Food shall be prepared with the least possible manual
contact, with suitable utensils, and on surfaces that prior to use have been
cleaned, rinsed and sanitized to prevent cross-contamination.
(2) Raw Fruits and 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 140~.(60°C.), except that:
(A) Poultry, poultry stuffings, stuffed meats and stuffings
containing meat shall be cooked to heat all parts of the food to .. at least 165~ •
(74°C.) with no interruption of the cooking process.
(B) Pork and any food containing pork shall be cooked to heat
all parts .of the food to at least 150°F.(66°C.).
(C) Rare roast beef shall be cooked to an internal temperature
of at least 130°F.(54°C.), and rare beef steak shall be cooked to a temperature of
130°F.(54°C.) unless otherwise ordered by the immediate consumer.
(4) Dry Milk and Dry Milk Products. · Reconstituted dry·milk and dry
milk products may be used.in instant desserts and whipped products, or for cooking
and baking purposes.
(5) Liquid, Frozen, Dry Eggs and Egg Products. Liquid, frozen, dry
eggs and egg products shall be used only for cooking and baking purposes.
(6) Reheating. Potentially hazardous foods that have been cooked and
then refrigerated, shall be reheated rapidly to 165°F.(74°C.) or higher throughout
before being served or before being placed in a hot food storage facility. Steam
Texas Department of Health
Food and Drug
301.73
Page 10 of 50 --
tables, bainmaries, warmers, and similar hot food holding.facilities are proh~bited
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
45°F.(7°C.) or below within four hours after preparation.
(8) . Product Thermometers. Metal stem-type numerically scaled
indicating thermometers, accurate to ±2°F., shall be provided and used to assure
the attainment and maintenance of proper .internal eooking, holding, or refrigeration
temperatures of all potentially hazardous foods.
(9) Thawing Potentially Hazardous.Foods •. Potentially hazardous foods
shall be thawed:
(A) In refrigerated units at'a temperature not to exceed 45°F.(7°C.);or
(B) Under potable running water of a te_mperature of. 7()°F. (21°C.) or
below, with sufficient water velocity to agitate and float off loose food particles
into the.overflow; or
(C) , :In a microwave oven only when the food will be immediately
transferred to conventional cooking facilities as .part of a continuous cooking
process or when :the entire, uninterrupted .'cooking process takes place in the
microwave oven; or
(D) As part ofrthe conventional cooking process.
(e) Food Display and Service.
(1) Potentia~ly Hazardous Foods. Potentially hazardous food shall be
kept at an internal temperature of 45°F.(7°C.) or below or at an internal temperature
of 14Q°F.(60°C.) or above during display and service, except that rare roast beef
shall be held for service ~t a temperature of at least 130°F.(54°C.).
Texas Department of Health Page J.! of 50
Food and Drug
301.73
: (2) Milk and Cream Dispensing.
(A) Milk and milk products for drinking purposes shall be provided to
the consumer in an unopened, commercially filled package not exceeding one pint in
capacity, or drawn 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 than one-half pint are required for mixed drinks, cereal, or dessert
service, milk and milk products may be poured from a commercially filled container.
(B) Cream or half and half shall be provided in an individual
service container, protected pour-type pitcher, or drawn from a refrigerated dispenser
designed for such service.
(3) Nondairy Product Dispensing. Nondairy creaming or 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 accordance with paragraph (8) of subsection (e) of this rule.
(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 Dispensing. Ice for consumer use shall 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
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stored on a clean surface or in the ice with the dispensing utensil's handle
extended out of the ice. Between uses, ice transfer receptacles shall be stored
in a way that protects them from conta~ination. · Ice storage bins shall be drained
through an air gap.
(6) Dispensing Utensils. To avoid unnecessary manual contact with
food, suitable dispensing utensils shall be used by employees or provided to ·
consumers who serve themselves. Between uses during service, dispensing utensils
shall be:
(A) Stored in the food with the dispensing utensil handle extended
out of the food; or
(B) Stored clean and dry; or
(C) Stored in running water; or
(D) Stored either in a running water dipper well, or clean and
dry in the case of dispensing utensils and. malt collars.used in pr.eparing frozen
desserts.
(7) ·Reservice. Once·served to a consumerJ 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
(8) Display Equipment. Food on display shall be protected from
consumer contamination by the use of . packaging or by the use of easily cleanable
counter, serving line or salad bar protector devices, display cases, or by other
effective means. Enough hot or cold food facilities shall be available to maintain
the required temperature of potentially hazardous food on display.
(9) Reuse of Tableware. Reuse of soiled tableware by self-service
consumers returning to the service .area for additional food is prohibited. Beverage
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: cups and glasses are exempt from this requirement.
. '
(f) Food Transportation. During transportation, food and food utensils
shall be kept in covered containers or completely wrapped or packaged so as to be
protected from 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 storage •
• 004. Personnel.
(a) Employee Health. No person, while infected with a disease in a
communicable form that can be transmitted by foods or who is a carrier of organisms
that cause such a disease or while afflicted with a boil, 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.
(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 ftngernails clean and
trimmed.
(c) Clothing.
(1) The outer ·clothingofall employees shall be.clean.
(2) Employees shall use effective hair restraints to prevent the
contamination of food orfood-contact surfaces.
(3) Employees shall remove all insecure jewelry, and during periods
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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 i~ems.needing
protection.
(2) Employees shall not use tobacco in any form while engaged in food
preparation or service, nor while in equipment-washing or utensil-washing or food
preparation areas. Employees shall use tobacco only in designated areas. An
employee tobacco use area shall not be designated for that purpose if the use of
tobacco there may result in contamination of food, equipment, utensils, or other
items needing protection.
(3) Employees shall handle soiled tableware in a way that minimizes
contamination of their hands.
(4) Employees shall maintain a high degree of personal cleanliness
and shall conform to good hygienic practices during all working periods in the
food service establishment •
• oos. Equipment and Utensils. q·,
(a) Materials.
(1) General. Multi-use equipment and utensils shall be· constructed·
and repaired with safe materials, including fi·nishing · inaterials; shall· be corrosion
resistant and nonabsorbent; and shail be smooth, easily cleanable, and durable
under conditions of normal use. Single-service-articles ·shall be made from clean,
sanitary, safe materials. Eq-uipment,. utensils, and single-service articles shall
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not impart odors, color, or taste, nor contribute to the contamination of food.
(2) Solder. If solder is used, it shall be composed of safe
materials and be corrosion resistant.
(3) Wood. Hard maple or equivalently nonabsorbent material that
meets the general requirements set forth in paragraph (1) of subsection (a) of
this rule, 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
subsection (a) of this rule, are permitted for repeated use.
(5) Mollusk and Crustacea Shells. Mollusk and crustacea shells may
be used only once as a serving container. Further reuse of such shells for
food service is prohibited.
(6) Single-Service. Reuse of single-service articles is prohibited.
(b) Design and Fabrication.
(1) General. All equipment and utensils, including plasticware, shall
be designed and fabricated for durability under conditions of normal use and shall
be resistant to denting, buckling, pitting, chipping, and crazing.
(A) Food-contact surfaces shall be easily cleanable, smooth,
and free of breaks, open seams, cracks, chips, pits, and similar imperfections,
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and free of difficult-to-clean internal corners and crevices. Cast iron may be
used as a food-contact surface only if the surface is heated, such as in grills,
griddle tops, and skillets. 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 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 receive lubrication of bearings and gears
on or within food-contact surfaces.
(C) Tubing conveying beverages or beverage ingredients to
dispensing heads may be in contact with stored ice, provided that such tubing is
fabricated from safe materials, is grommeted at entry and exit points to preclude
moisture (condensation) from entering the ice machine or the ice storage bin, and
is kept clean. Drainage or drainage tubes from dispensing units shall not pass
through the ice machine or the ice storage bin.
(D) Sinks and drain boards shall be self-draining.
(2) Accessibility. Unless designed for in-place cleaning, food-contact
surfaces shall be accessible for cleaning and inspection:
(A) Without being disassembled; or
(B) By disassembling without the use of tools; or
(C) By easy disassembling with the use of only simple tools such
as a mallet, a screwdriver, or an open-end wrench kept available near the equipment.
(3) In-place Cleaning. Equipment intended for in-place cleaning shall
be so designed and fabricated that:
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(A) Cleaning and sanitizing solutions can be circulated
throughout a fixed system using an effective cleaning and sanitizjng 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
w!ring, switches, and connections.
(5) Thermometers. Indicating thermometers,required for immersion
into food or cooking media shall be of metal stem-type construction, numerically
scaled, and accurate to ±2°F.
(6) Nonfood-contact Surfaces. Surfaces of equipment not intended
for contact with food, but which are exposed to splash or food debris or which
otherwise require frequent cleaning, shall be designed and fabricated to be
smooth, washable, free of unnecessary ledges, projections, or crevices, and
readily accessible for cleaning, and shall be of such material and in such repair
as to be easily maintained in a clean and sanitary condition.
(7) Ventilation Hoods. Ventilation hoods and devices shall be
designed to prevent grease or condensation from collecting on walls and ceilings,
and from dripping into food or onto food-contact surfaces. Filters or other
grease extracting equipment shall be readily removable for cleaning and replacement
if not designed to be cleaned in place.
(8) Existing Equipment. Equipment which was installed in a food
service establishment prior to the effective date of these rules, and which does
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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
stair-WellS, 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 arid ·adjacent areas.,
(B) Equipment is portable within the meaning of paragraph (2)(A)
of subsection (c) of this rule 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, tinless readily movable, shall be:
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Sealed to the floor; or (i)
(ii) Installed on a raised platform of concrete or other •
smooth masonry in a way that meets all the requirements for sealing or floor
clearance; or
(iii) Elevated on legs to provide at least a six inch
clearance between the floor and equipment, except that vertically mounted floor
mixers may be elevated to provide at least a four inch clearance between the
floor and equipment if no part of the floor under the mixer is more than six
inches from cleaning access.
(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 ~eepage, 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.
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.006. 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 tUne 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
the food-contact surfaces of equipment shall be washed, rinsed, and sanitized at
intervals throughout the day on a:schedule based on food temperature, type of food,
and amount of food particle accumulation.
(D) The food-contact surfaces of grills, griddles, and similar
cooking devices and the cavities and door seals of microwave ovens shall be
cleaned at least once a day; except that this shall not apply to hot oil cooking
equipment and hot oil filtering systems. The food-contact surfaces of all cooking
equipment shall be kept free of encrusted grease deposits and other accumulated
soil.
(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
•' .
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plates or bowls being served to the consumer, shall .be clean, dry and used for no
other purpose.
(B) Moist cloths or sponges used for wiping food spills on
kitchenware and food-contact surfaces of equipment shall be clean and rinsed
frequently in one of the sanitizing solutiqns permitted in paragraph (3)(E)
(i through vii) of subsection (a) of this rule, 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 s~ch as counters, dining table tops and shelves shall be
clean and rinsed as specified in paragraph (2)(B) of subsection (a) of this rule,
and used for no other purpose. These cloths and sponges shall be stored in the
sanitizing solution between uses.
(3) Manual Cleaning and Sanitizing.
(A) A three(3) compartment sink shall be used if washing, rinsing
and sanitizing of utensils and equipment is done manually; provided, that existing
establishments not having a three(3) compartment sink that can demonstrate an
acceptable procedure for washing, rinsing and sanitizing utensils and equipment
may be exempt from this requirement by the regulatory authority. Sinks shall be
large enough to permit the complete immersion of the utensils and equipment and
each compartment sink shall be supplied with hot and cold potable running water.
A two(2) compartment sink will be acceptable where only single-service tableware
is used. Suitable equipment shall be made available if washing, 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
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cleaned utensils following sanitizing and shall be located so as not to interfere
with the proper use of the dishwasing facilities.
(C) Equipment and utensils shall be preflushed or prescraped
and, when necessary, presoaked to remove gross food particles and soil.
(D) Except 'for fixed equipment and utensils too large to be
cleaned in sink compartments, manual washing, rinsing and sanitizing shall be
conducted in the following sequence:
(i) Sinks shall be cleaned prior to use; and
(ii) Equipment and utensils shall be thoroughly washed in
the first compartment with a hot detergent solution that is kept clean; and
(iii) Equipment and utensils sha~l be'rinsed free of
detergent and abrasives with clean water in the second compartment; arid
(iv) Equipment'and utensils shall be sanitized in the third
compartment according to one of the methods included in paragraphs (3)(E)(i through
vii) of subsection (a) of this rule.
(E) The food-contact surfaces of all equipment and utensils shall
be sanitized by: •
(i) Immersion for at least one-half(%) minute in clean, hot
water at a temperature of at least 170°F.(77°C.); or
(ii) Immersion for' at least one(l) minute in a clean solution
containing at least 50 parts per million of ~vailable chlorine as a hypochlorite
and a temperature of at least 75°F.(24°C.); or
(iii) Immersion for at least one(l) minute in a cleau.solution
containing at least 12.5 parts per million of available iodine and having a pH
not higher than 5.0 and at a temperature of at least 75°F.(24°C.); or
·.
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(iv) Immersion for at least one{l) minute in a clean
solution containing chlorine and bromine made up at a strength of 25 parts per
million total available halogen at a temperature of not less than 75°F.(24°C.), and
not to be used after its strength has been reduced below 12.5 parts per million; or
(v) Immersion in a solution containing an approved
quaternary ammonium compound {Q.A.C.) at a strength and for a period of time as
stated on the product's officially approved label. Quaternary ammonium compounds
refers to products approved and registered with the u.s. Environmental Protection
Agency; or
(vi) Immersion in a solution containing acid sanitizer
compounds at a strength and for a period of time as stated on the product's
officially approved label. Acid sanitizer compounds refers to products approved
and registered with the u.s. Environmental Protection Agency; or
(vii) Immersion in a clean solution containing any other
chemical sanitizing agent approved by the Texas Board of Health that will
provide the equivalent bactericidal effect of a solution containing at least .
50 parts per million of available chlorine as a hypochlorite at a temperature of
at least 750p.(24°C.) for one(l) minute; or
(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 paragraph (3)(E)(vii) of subsection (a) of this rule, in the case
of equipment too large to sanitize by immersion.
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(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 170°F.(77°C.); and
(ii) A numerically scaled indicating thermometer, accurate
to ±3°F., convenient to the sink for frequent checks of water temperature; and
(iii) Dish baskets of such size and design to permit complete
immersion of the tableware, kitchenware, and equipment in the hot water.
(G) When chemicals are used for sanitization, a test kit or other
device that accurately measures the parts per million concentration of the solution
shall be provided and used.
(4) Mechanical Cleaning and 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 detergent 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 immediately adjacent to the final rinse control
valve. A \ inch IPS valv~ shall be provided immediately upstream from the final
Texas Department of Health
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; rinse control valve to permit checking the flow pressure of the final rinse water.
(C) Machine or water line mounted numerically scaled indicating
thermometers accurate to ±3°F., shall be provided to 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.
(D) Rinse water tanks shall be protected by baffles, curtains,
or other effective means to minimize the entry of wash water into the rinse water.
Conveyors in dishwashing machines shall be accurately timed to assure proper
exposure times in wash and rinse cycles in accordance with manufacturers• specifi-
cations 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 washed 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 washers) using chemicals for sanitization may be used
provided that:
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301.73
(i) The temperature of the wash water shall not be less
than l20°F.{49~C.); and
(ii) The wash water shall be kept clean; and
(iii) Chemicals added for sanitization purposes shall be
automatically dispensed; and
(iv) Utensils and equipment shall be exposed to the final
chemical sanitizing rinse in accordance with the manufacturers' specifications
for time and concentration; and
(v) The chemical sanitizing rinse water temperature shall
be not less than 75°F.(24°C.) 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 water shall be kept clean and water shall be
maintained at not less than the temperatures stated below:
machine:
(i) Single-tank, stationary-rack, dual-temperature machine:
Wash temperature
Final rinse temperature
150°F. { 66°C.)
180°F .(82°C.)
(ii) Single-tank, stationary-rack, single-temperature
..;:·
Wash temperature
Final rinse temperatui:e
165°F .(74°C.,;)
165°F .(74°C.}
.·
Texas Department of Health
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301.73
(iii) Single-tank, conveyor machine:
Wash temperature
Final rinse temperature
(iv) Multi-tank, conveyor machine:
Wash temperature
Pumped rinse temperature
Final rinse temperature
Page .:1:1. of 2Q
l60°F. (71°C.)
180°F.(82°C.)
150°F. (66°C.)
160°F.(71°C.)
180°F. ( 82°C.)
(v) Single-tank, pot, pan, and utensil washer (either
stationary or moving-rack):
Wash temperature
Final rinse temperature
140°F. (60°C.)
180°F.(82°C.)
(I) All dishwashing machines shall be thoroughly cleaned at .
least once a day or more often when necessary to maintain them in a satisfactory
operating condition.
(5) Drying. After sanitization, all. equipment and utensils shall .
be air dried. The use of towels is prohibited.
(b) Equipment and Utensil Storage.
(1} Handling. Cleaned and sanitized eq~ipment 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 handledwithout 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 way that protects
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301.73
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 water lines, except for
automatic fire protection sprinkler heads that may be required by law.
(B) Utensils shall be air dried before being stored or shall be
stored in a self-draining position.
(C) Glasses and cups shall be stored inverted. Other stored
utensils shall be covered or inverted, wherever practical. Facilities for the
storage of knives, forks, and sp,oons shall -be designed and used to present the
handle to the employee or consumer. Unless tableware ia prewrapped, holders for
knives, forks and spoons at self-service locations, shall protect these articles
from contamination and present the handle of the utensil to the 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'fnches
above the floor in closed cartons or containers which protect them from contamination
and shall not be placed under exposed sewer lines or water lines, except: for auto-
matic 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
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immediately prior to sorting or wrapping the utensils. Unless single-service
knives, forks and spoons are prewrapped or prepackaged, holders shall be provided
to protect these items from contamination, and present the handle of the utensil
to the consumer.
(4) Prohibited Storage Area. The storage of food equipment, utensils
or single-service articles in toilet rooms or vestibules is prohibited •
• 001. Sanitary Facilities and Controls.
(a) Water Supply.
(1) General. Enough potable water for the needs of the food service
establishment shall be provided from a source constructed and operated according
to law.
(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) Bottled Water. Bottled and packaged potable water shall be
obtained from a source that complies with all laws and shall be handled and stored
in a way that protects it from contamination. Bottled and packaged potable water
shall be dispensed from the original container.
(4) Water Under Pressure. Water under pressure at the required
temperatures shall be provided to all fixtures and equipment that use water.
(5) Steam. Steam used in contact with food or food-contact surfaces
shall be free from any harmful materials or additives.
(b) Sewage. All sewage, including· liquid waste, shall be disposed of by a
public sewerage system or by a sewage disposal system constructed and operated
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according to law; Nonwater carried sewage disposal facilities are prohibited,
except as permitted by Rule .010 (pertaining to temporary food service establish-
ments} 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 for purposes such as air-conditioning and fire protection and only if the
system is installed according to law and the nonpotable water does not contact,
directly or indirectly, food, potable water, equipment that contacts food, or
utensils. The piping of any nonpotable water system shall be durably identified
so that .it is readily distinguishable from piping that carries potable water.
(3} Backflow. The potable water system shall be installed to preclude
the possibility of backflow. Devices shall be installed to protect against backflow
and backsfphonage at all fixtures and equipment where an air gap at least twice the
diameter of the water supply inlet is not provided between the water supply inlet
4 J
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.
(5} Garbage Grinders. If used, garbage grinders shall be installed
and maintained according to law.
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Food and Drug
301.73
Page ...ll. of .2Q.
(6) Drains. Except for properly trapped open sinks, there shall be
no direct connection between the sewerage system and any drains originating from
equipment in which food, portable equipment, or utensils are placed. When a
dishwashing machine is located within five feet of a trapped floor drain, the
dishwasher waste outlet may be connected directly on the inlet side of a
properly vented floor drain· trap if permitted by law.
(d) Toilet Facilities.
(1) Toilet !nstallation. Toilet facilities shall be installed according
to law, shall be the number required by law, shall be conveniently located, and
shall be accessible to employees at all times.
(2) Toilet Design. Toilets and urinals shall be designed to be easily
cleanable.
(3) Toilet Rooms. Toilet rooms shall be completely enclosed and shall
have tight-fitting, self-closing, solid doors, which shall be closed except during
cleaning or maintenance.
(4) Toilet Fixtures. Toilet fixtures shall be kept clean and in good
repair. A supply of toilet tissue shall be provided at each toilet at all times.
Easily cleanable receptacles shall be provided for waste materials. Toilet rooms
used by women shall have at least one covered waste receptacle.
(e) Lavatory Facilities.
(1) Lavatory Installation. Lavatories 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 utensil-
washing areas. Lavatories shall be accessible to employees at all times. Lava-
tories shall also be located in or immediately adjacent to toilet rooms or
Texas Department of Health
Food and Drug
301.73
Page 21 of ...1Q.
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 wat~r tempered by means of a mixing valve or combination faucet. Any self-
'closing, slow-clos~ng, or metering faucet used shall b~ designed,to provide a
flow of water for at least fifteen,seconds without.the need to J"eactivate the
faucet. Steam-mixing valves are prohibited.
(3) Lavatory Suppl~es. A supply of hand-cleansing soap or detergent
' . ' ~'
shall be available ~t each lavatory. A supply of sanitary towels. or a hand-drying
device providing heated air shall be ccnveniently loc.;ated nee~.r each lava~f:)ry.
Common towels are p~0hibited. If disposable towels are used, easily cleanable
'' ' ' ; ~ J
waste receptacles shall be conveniently located near the handwashing facilities~·
(4) Lavatory Mai'=tenance. Lavatories, soap d,ispensers, 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
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Texas Department of Health
Food and Drug
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Page _ll of ....2.Q.
actual use. In containers desi.gned with drains, drain plugs shall be in place
at all times, except during cleaning.
(D) There shall be a sufficient number of containers to hold
all the garbage and refuse that accumulates.
(E) Soiled containers shall be cleaned at a frequency to prevent
insect and rodent attraction.· Each container shall be thoroughly cleaned on the
inside and outside in a way that does not contaminate food, equipment:~~ utensils,
or food preparation areas. Suitable facilities, including hot water and detergent
or steam, shall be provided and used for washing containers. Liquid waste from
compacting or cleaning operations shall be disposed of as sewage.
(2) Storage •
(A) Garbage and refuse on the premises shall be stored in a
manner to make it inaccessible to insects and rodents. Outside storage of
unprotected plastic bags or wet~strength paper bags or baled units containing
garbage or refuse is prohibited. Cardboard or other packaging material not·
containing garbage or food wastes need not be stored in covered containers.
(B) Garbage or refuse storage rooms, if used, shall be constructed
of easily cleanable, nonabsorbent, washable materials, shall be kept clean, shall
be insect-proof and rodent-proof and shall be large enough to store the garbage and
refuse containers that accumulate.
(C) Outside storage areas or enclosures shall be large enough to
store the garbage and refuse containers that accumulate and shall be kept clean.
Garbage and refuse containers, dumpsters and compactor systems located outside
shall be stored on or above a smooth surface of nonabsorbent material, such as
concrete or machine-laid asphalt, that is kept clean and maintained in good repair.
Texas Department of Health
Food and Drug
301.73
(3) Disposal.
Page 34 of 2Q.
(A) Garbage and refuse shall be disposed of often enough to
prevent the development of odor and the attraction of.insects and rodents.
(B) Where garbage or refuse is burned on the premises, it shall
be done by controlled incineration that prevents the escape of particulate 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 utilized.
The premises shall be kept in such condition as to prevent-the harborage or feeding
of insects or rodents~
(2) Openings. Openings to the outside shall be effectively protected
against the entrance of rodents. Outside openings shall be protected against the
entrance of insects by tight-fitting, self-closing· do'ors, closed windows, screening,
.controlled air currents, or other means. Screen doors shall be self-closing, and
screens for windows, doors,· skylights, transbms, inta\te and e'xhaust air ducts, and
other openings to the outside shall be tight-fitting and free of breaks. Screening
material shall not be less than sixteen(16) mesh to the inch •
• 008. 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,
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Food and Drug
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301.73
ceramic tile, durable grades of linoleum or plastic, or tight wood impregnated
with plastic, and shall be maintained in good repair. Nothing in this rule shall
prohibit the use of antislip floor covering in areas where necessary for safety
reasons.
(2) Floor Carpeting. Carpeting, if used as a floor covering, shall
be of closely woven construction, properly installed, easily cleanable, and
maintained in good repair. 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.
· (3) Prohibited Floor Covering. The use of sawdust, wood shavings,
peanut hulls, or similar material as a floor covering is prohibited.
(4) Floor Drains. Properly installed, trapped floor drains shall be
provided in floors that are water flushed for cleaning or that receive discharges
of water or other fluid waste from equipment, or in areas where pressure spray
methods for cleaning equipment are used. Such floors shall be constructed only
of sealed concrete, terrazzo, ceramic tile or similar materials, and shall be
graded to drain.
(5) Mats and Duckboards. Mats and duckboards shall be of nonabsorbent,
grease resistant materials and of such size, design, and construction as to
facilitate their being easily cleaned. Duckboards shall not be used as storage
racks.
(6) Floor Junctures, In all new or extensively remodeled establishments
utilizing concrete, terrazzo, ceramic tile or similar flooring materials, and where
water flush cleaning methods are used, the junctures between walls and floors shall
Texas Department of Health
Food and Drug
Page 36 of ..1Q.
301.73
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. I Exposed utility service lines and
pipes shall be installed in a way that does not obstruct or prevent cleaning of
the floor. In all new or extensively remodeled establishments, installation of
exposed horizontal Utility lines and pipes on the floor is prohibited.
(b) Walls· and Ceilings.
(1) Maintenance. Walls and ceilings, including doors, windows,
skylights, and similar.closures, shall be maintained in good repair.
(2) Construction. The walls, including nonsupporting partitions, 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 areaslisted in paragraph (2) of subsection (b) of this rule.
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 of
the walls and ceilings. Utility service lines and pipes shall not be unnecessarily
exposed on walls or ceilings in those areas listed in paragraph (2) of subsection (b)
. of this rule.
(5) Attachments. Light fixtures, vent covers, wall-mounted fans,
,
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Food and Drug
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Page ..]]_ of _.2.Q.
decorative materials, and similar equipment attached to walls and ceilings shall
be easily cleanable and shall be maintained in good repair.
(6) Covering Material Installation. Wall and ceiling covering materials
shall be attached and sealed so as ~o be easily cleanable.
(c) Cleaning Physical Facilities.
(1) General. Cleaning of floors and walls, except emergency cleaning
of floors, shall be done during periods when the least amount of. food is exposed,
such as after closing or between meals. Floor, mats, duckboards, walls, ceilings,
and attached equipment and decorative materials shall.be kept clean. Only dustless
methods of cleaning floors and walls shall be used, such as vacuum cleaning, wet
cleaning, or the use of dust-arresting sweeping compounds with brooms.
(2) Utility Facility. In new or extensively remodeled establishments
at least one utility sink or curbed cleaning facility with a floor drain shall be
provided and used for the cleaning of mops or similar wet floor .cleaning tools and
for the disposal of mop water or similar liquid wastes. The use of lavatories,
utensil-washing or equipment-washing, or food preparation sinks for this purpose
iS prohibited.
(d) Lighting.
(1) General. At least fifty(SO) 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 dining areas only during
cleaning operations.
Texas Department of Health
Food and Drug
301.73
(2) Protective Shielding.
Page 38 of 50 --
(A) Shielding to protect against broken glass falling onto food
shall be provided for all artificial lighting fixtures located over, by, or within
food storage, preparation, service, and display facilities, and facilities where
utensils and equipment are cleaned and stored.
(B) Infra-red or other heat lamps shall.be protected against
breakage by a shield surrounding and extending beyond the bulb, leaving only the.
face of the bulb exposed.
(e) Ventilation.
(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 an unsightly, harmful or
unlawful discharge.
(2) Special Ventilation.
(A) Intake and exhaust air ducts shall be maintained to prevent
the entrance of dust, dirt, and other contaminating materials.
(B) In new or extensively remodeled establishments, all rooms
fromwhich'obnoxious odors~ vapors or fumes originate shall be mechanically vented
to the outside.
(f)· Dressing Rooms and Locker Areas.
(1) Dressing Rooms and Areas. If employees routinely change clothes "',
within the establishment, rooms or·areas shall be designated and used for that
purpose. These designated rooms or areas shall not be us.ed for food preparation,
storage or service, or for utensil-washing or storage.
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Texas Department of Health
Food and Drug
301.73
Page 39 of _jQ
(2) Locker Area. Enough lockers or other suitable facilities shall
be provided and used for the orderly storage of employee clothing and other
belongings. Lockers or other suitable facilities may be located only in the
designated dressing rooms or in food storage rooms or areas containing only
completely packaged food or packaged 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. Poisonous or toxic materials consist of the
following three(3) categories:
(A) Insecticides and rodenticides;
(B) Detergents, sanitizers, and related cleaning or drying agents;
(C) Caustics, acids, polishes, and other chemicals.
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 sfmilar 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.
Texas Department of Health
Food and Drug
Page ...!tQ. of .2Q. .
301.73
(4) Use of Materials.
(A) Bactericides, cleaning compounds or other compounds intended
for use on food-contact surfaces shall not be used in a way that leaves a toxic
residue on such surfaces, nor in a way that constitutes a hazard to employees or
other persons.
(B) Poisonous or toxic materials shall not be used in a way that
contaminates food, equipment, or utensils, nor in a way that constitutes a hazard
to employees or other persons, nor in a way other than in full compliance with the
manufacturer's labeling.
(5) Personal Medications. Personal medications shall not be stored
in food storage, preparation or service areas.
(6) First Aid Supplies. First aid supplies shall be stored in 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 operations of the establishments shall be kept free of
litter.
(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 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.
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301.73
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(D) The traffic of unnecessary persons through the food
preparation and utensil-washing areas is prohibited.
(2) Living Areas. No operation of a food service establishment shall
be conducted in any room used as living or sleeping quarters. Food service
operations shall be separated from any living or sleeping quarters by complete
partitioning and solid, self-closing doors.
(3) Laundry Facilities.
(A) Laundry facilities in a food service establishment shall be
restricted to the washing .and drying of linens, cloths, uniforms and aprons
necessary to the operation. If such items are laundered on the premises, an
electric, gas, or steam dryer shall be provided and used •
(B) Separate rooms shall be.provided for laundry facilities
except that such operations may be conducted in storage rooms containing only
packaged foods or packaged single-service articles.
(4) Linens and Clothes Storage.
(A) Clean clothes and linens shall be stored in a clean place
and protected from contamination until used.
(B) Soiled clothes and linens shall be stored in nonabsorbent
containers or washable laundry bags until removed for laundering.
(5) Cleaning Equipment Storage. Maintenance and cleaning tools such
as brooms, mops, vacuum cleaners and similar equipment shall be maintained and
~ stored in a way that does not contaminate food, utensils, equipment, or linens
and shall be stored in an orderly manner to facilitate the cleaning of that
storage location.
(6) Animals. Live animals, including birds, and turtles, shall be
Texas Department of Health
Food and Drug
301.73
Page 42 of .2Q.
excluded from within the food service operational premises and from immediately
adjacent areas under the control of the food service establishment. This
exclu.sion does not apply to edible fish, crustacea, shellfish, or to fish in
aquariums. Patrol dogs accompanying security or police officers, or guide dogs
accompanying blind persons shall be permitted in dining areas •
• 009. 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 subsection (a) of this rule. The regulatory authority may impose·additional
requirements to protect against health hazards related to the ccnduct 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 subsection (a); paragraph (1)
of subsection (b); and paragraphs (1) and (2) of subsection (c).
(2) Restricted Operation. Mobile food units that serve only food
that is prepared, packaged in individual servings, transported and stored under
conditions meeting the requirements of these rules, or beverages that are not
potentially hazardous and are dispensed from covered urns or other protected
equipment, need not comply with requirements of these rules pertaining to the
necessity of water and sewage systems nor to those requirements pertaining to the
cleaning and sanitization of equipment and utensils if the required equipment for
cleaning and sanitization exists at its commissary.
(3) Single-service Articles. Mobile food units shall provide only
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Texas Department of Health
Food and Drug
301.73
single-service articles for use by the consumer.
Page .,!1 of -1Q.
(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 and cold water for food preparation, utensil
cleaning and sanitizing, and handwashing, in accordance with the requirements of
these rules. The water inlet shall be located in such a position that it will not
be contaminated by waste discharge, road dust, oil or grease, and it shall be kept
capped when not being filled. The water inlet shall be provided with a transition
connection of a size or type that will prevent its use for any other service. All
water distribution pipes or tubing shall be constructed and installed in accordance
with the requirements of these rules.
(5) Waste Retention. If liquid waste results from operation of a
mobile food unit, the waste shall be stored in a permanently installed retention
tank that is of at least 15 percent larger capacity than the water supply tank.
Liquid waste shall not be discharged from the retention tank when the mobile food
unit is in motion. All connections .. on the vehicle for servicing mobile food unit
waste disposal facilities shall be of a different size or type than those used for
supplying potable water to the mobile food unit. The waste connection shall be
located lower than the water inlet connection to preclude contamination of the
potable water system.
(b) Commissary.
(1) Base of Operations.
(A) Mobile food units shall operate from a commissary or other
fixed food service establishment and shall report at least daily to such location
for all supplies and for all cleaning and servicing operations.
Texas Department of Health
Food and Drug
301.73
Page _!:i of 2Q.
(B) The commissary or other fixed food service establishment,
used·as a base of operation for mobile food units, shall be constructed and
operated in compliance with the requirements of these rules.
(c) Servicing Area and Operations.
(1) Servicing Area.
(A) A mobile food unit servicing area shall be provided and shall
include at least overhead protection for any supplying, cleaning, or servicing
operation. Within this servicing area, there shall be a location provided for the
flushing and drainage of liquid wastes separate from the location provided for
water servicing and for the loading and unloading of food and related supplies.
This servicing area will not be required where only packaged food is placed on the
mobile food unit or where mobile food units do not contain waste retention tanks.
(B) The surface of the servicing area shall be constructed of a
smooth nonabsorbent material, such as concrete or machine-laid asphalt and shall
be maintained in good repair, kept clean, and be graded to drain.
(C) The construction of the walls and ceilings of the servicing
area is exempted from the provisions of subsection (b) of Rule .008.
(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 draine,d during the servicing operation. All liquid
waste shall be discharged to a sanitary sewerage disposal system in accordance with
subsection (b) of Rule .007.
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Texas Department of Health
Food and Drug
301.73
.010. Temporary Food Service Establishments.
Page 45 of .2.Q.
(a) General. A temporary food service establishment shall comply with the
requirements of these rules exce..,t 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 •.
(1) These provisions are applicable whenever a temporary food service
establishment is permitted, under the provisions of subsection (a) of this rule,
to operate without complying with all the requirements of this rule •
(2) Only those potentially hazardous foods requiring limited prepara-
tion, such as hamburgers and frankfurters that only require seasoning and cooking,
shall be prepared or served. The preparation or service of other potentially
hazardous foods, including pastries filled with cream or synthetic cream, custards,
and similar products, and salads or sandwiches containing meat, poultry, eggs or
fish is prohibited. This prohibition does not apply, however, to any potentially
hazardous food that has been prepared and.packaged under conditions meeting the
requirements of these rules, is obtained in individual servings, is stored at a
temperature of 45°F.(7°C.) or below, or at a temperature of ,140°F.(60()C.) or above,
in facilities that meet the requirements of these rules, an4 is served directly in
~ the unopened container in which it was packaged.
(c) lee. 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, or cubed form and in single-use safe plastic or wet-
strength paper bags filled and sealed at the point of manufacture. The ice shall
Texas Department of Health
Food and Drug
Page 46 of 50
301.73
be held in these bags until it is dispensed in a way that protects it from
contaridnat;i.on.
(d) Equipment.
(1) Equipment shallbe located and installed in a way that prevents
food contamination and that also facilitates cleaning the establishment.:·
(2) Food-contact surfaces of equipment shall be protected from
contamination by consumers and other contaminating agents. Where helpful to
prevent contamination, effective shields for such equipment shall be provided.
(e) Single-service Articles. All temporary food service establishments
which do not have effective facilities .for cleaning and sanitizing tableware
shall provide only single-service articles for use by the 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 ho.t water for these purposes shall be provided.
(g) Wet Storage. The storage of packaged food in contact with water or
undrained ice is prohibited. Wrapped sandwiches shall not be stored in direct
contact with ice.
(h) Waste~ All sewage, including liquid waste, shall be disposed of
according to law.
(i) Handwashing. A convenient handwashing facility shall be available for
employee handwashing. This facility shall consist of at.; least warm running water, ·•
soap, and individual paper towels.
(j) ·Floors. Floors shall be constructed of concrete, asphalt, tight wood,
or other similar cleanable material kept in good repair. Dirt •Or gravel, when ·
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Food and Drug
301.73
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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.
(k) Walls and Ceilings of Food Preparation Areas.
(1) Ceilings shall be made of wood, canvas, or other materials that
protect the interior of the establishment from the weather. Walls and ceilings
of food preparation areas shall be constructed in a way that prevents the entrance
of insects. Doors to food preparation areas shall be solid or screened and shall
be self-closing. Screening material used for walls, doors, or windows shall be
at least sixteen(l6) mesh to the inch·.
(2) Counter~service openings shall not be larger than is ~ecessary 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 res~rict the entrance of flying insects. Counter-service openings
shall be kept closed, except when in actual use •
• 011. 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 ttme,
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 Rule .011. The original of the inspection report form shall be
Texas Department of Health
Food and Drug
301.73
Page 48 of .2Q
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 require-
ments of these rules, and shall set forth a weighted point value for each requirement.
The rating score of the establishment shall be the total of the weighted point value
for all violations, subtracted from one hundred(lOO). 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 establish-
ment shall immediately cease food service operations. Operations shall -not be
resumed until .authorized by the regulatory authority.
(2) All violations of 4-or 5-point weighted items shall be corrected
within a time specified by the health authority, but in any event, not to exceed
ten(lO) days.
(3) All 1-or 2-point weighted items shall be corrected as soon as
possible, but in any event, by the time of the next routine inspection.
(4) When rating score of the establishment is less than sixty(60),
the establishment shall initiate corrective action on all identified violations
within forty-eight(48) hours. One or more reinspections shall be conducted at
reasonable time intervals to assure correction.
(5) In the case of temporary food service establishments, all violations
shall be corrected within twenty-four(24) hours. If violations are not corrected
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Texas Department of Health
Food and Drug
301.73
Page ..!2, of 50
within twenty-four(24) hours, the establishment shall immediately cease food
service operations until authorized to resume by the regulatory authority.
(d) Examination and Condemnation Qf ~ood. The regulatory authority may
examine and collect samples of food as often as necessary for the enforcement of
these rules. The regulatory authority shall, upon written notice to the owner or
person in charge specifying the reason therefor, place under detention any food
which it has probable cause to believe is adulterated or misbranded in accordance
with the provisions of Section 6, and paragraph (2) of Section 21, Article 4476-5,
Texas Civil Statutes, The Texas Food, Drug, and Cosmetic Act.
(e) Procedure When Infection is Suspected. When the regulatory authority
has reasonable cause to suspect the possibility of disease transmission from any
food service establishment employee, it may secure a morbidity history of the
suspected employee or make any other investigation as may be indicated and shall
take appropriate action. The regulatory authority may require any or all of the
following measures:
(1) The immediate exclusion of the employee from all food service
establishments;
(2) The immediate closing of the food service establishment concerned
until, in the opinion of the regulatory authority, no further danger of disease
outbreak exists;
(3) Restriction of the employee's services to some area of the
~ establishment where there would be no danger of transmitting disease;
(4) Adequate medical and laboratory examination of the employee, of
other employees and of his and their body discharges.
Texas Department of Health
Food and Drug
301.73
Page SO of SO
(f) Inspection Report Form. The Department adopts byreference the
Department Form entitled, "Food Service Establishment Inspection Report",
described in rule .Oll(b) and available in the Department's Food and Drug
Division Office, 1100 West 49th Street, Austin, Texas, 78756.
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