Texas Administrative Code 25-1-228.html

August 2021

Texas Department of State Health Services

Consumer Protection Division

Policy, Standards, and Quality Assurance Section

Public Sanitation and Retail Food Safety Unit

Texas Food Establishment Rules

Texas Administrative Code

Title 25 Health Services

Part 1 Department of State Health Services

Chapter 228 Retail Food Establishment

This guidance document is meant to consolidate the current Texas

Administrative Code, Title 25 Health Services, Part 1 Department of State

Health Services, Chapter 228 Retail Food Establishment, known as the Texas

Food Establishment Rules (TFER) into a consolidated PDF for ease of use. To

access the original text please visit the Texas Secretary of State, Texas

Administrative Code.

Texas Department of State Health Services

Consumer Protection Division

Policy, Standards, and Quality Assurance Section

Public Sanitation and Retail Food Safety Unit

Effective Date: August 8, 2021

Table of Contents

Subchapter A. General Provisions 1

§228.1. Purpose and Regulations 1

§228.2. Definitions 1

Subchapter B. Management and Personnel 7

§228.31. Certified Food Protection Manager and Food Handler Requirements 7

§228.32. Reporting Symptoms and Diagnosis Signage 7

Subchapter C. Food 8

§228.61. Approved Sources for Exotic Game Animals 8

§228.62. Specifications for Receiving 8

§228.63. Buffet Notification 9

§228.64. Donation of Foods 9

Subchapter E. Water, Plumbing, And Waste 11

§228.141. Source 11

§228.142. Water Quality Standards 11

§228.143. Water Distribution, Delivery, and Retention Systems 11

Subchapter F. Physical Facilities 12

§228.171. Wall and Ceiling Coverings and Coatings 12

§228.172. Dogs in Outdoor Dining Areas of a Food Establishment 12

Subchapter G. Poisonous or Toxic Materials 13

§228.211. First Aid Supplies, Availability 13

Subchapter H. Requirements Applicable to Certain Establishments 14

§228.221. Mobile Food Units 14

§228.222. Temporary Food Establishments 17

§228.223. Bed and Breakfast 19

§228.224. Outfitter Operations 21

§228.225. Self-Service Food Market 23

Subchapter I. Compliance 26

§228.241. Facility and Operating Plans 26

§228.242. Confidentiality, Trade Secrets 26

§228.243. Construction Inspection and Approval, Preoperational Inspections 26

§228.244. Performance and Risk Based Inspection 26

§228.245. Competency of Inspectors and Access 27

§228.246. Investigation and Control 27

TITLE 25 HEALTH SERVICES

PART 1 DEPARTMENT OF STATE HEALTH SERVICES

CHAPTER 228 RETAIL FOOD ESTABLISHMENTS

SUBCHAPTER A GENERAL PROVISIONS

§228.1. Purpose and Regulations.

(a) The purpose of this chapter is to implement Texas Health and Safety Code,

Chapter 437, Regulation of Food Service Establishments, Retail Food Stores, Mobile

Food Units, and Roadside Food Vendors.

(b) The department adopts by reference the U.S. Food and Drug Administration

(FDA) Food Code 2017 (Food Code) and the Supplement to the 2017 Food Code.

and subparagraph of the FDA Food Code, 3-202.13, 3-202.14(C), 3-202.18(A), 5-

102.11, 5-102.13, 5-102.14, 5-104.11(B)(1), 6-101.11(B), 6-202.18, 8-201.11, 8-

202.10, 8-203.10, 8-302.11–14, 8-303.10–30, 8-304.10, 8-304.20, 8-401.10, 8-

401.20, 8-402.10, 8-402.20-40, 8-403.40, and 8-501.10-40, and the definitions for

“accredited program,” “drinking water,” “food establishment,” “game animal,”

“general use pesticide,” “public water system,” “regulatory authority,” “safe

material,” “service animal,” and “vending machine location.”

(d) In the event of a conflict, Texas law and rules in this chapter prevail over the

adopted Food Code.

§228.2. Definitions.

The following words and terms, when used in this chapter, shall have the following

meanings unless the context clearly indicates otherwise.

(1) Accredited program--Food manager certification program that has been

evaluated and listed by the department and conforms to standards set by the

department in §229.172 of this title (relating to Accreditation of Certified Food

Management Programs).

(2) Adulterated food--A food deemed to be adulterated as specified in the Texas

Health and Safety Code, §431.081.

(3) Bed and breakfast extended--An establishment with more than seven rooms

for rent or an establishment that provides food service other than breakfast to

overnight guests.

(4) Bed and breakfast food establishment--A bed and breakfast that provides

food service to customers in addition to its overnight guests.

(5) Bed and breakfast limited--An establishment that has seven or fewer rooms

for rent, serves breakfast to overnight guests, and is not a retail food

establishment.

(6) Central preparation facility--An approved and permitted facility or space

where food is prepared, stored, and packaged.

(7) Code of Federal Regulations (CFR)--Citations to the CFR refer sequentially to

the Title, Part, and Section numbers, such as 40 CFR 180.194 refers to Title 40,

Part 180, Section 194.

(8) Common carrier--An individual or business that advertises to the public that

it is available for hire to transport people or property, including food, in exchange

for a fee.

(9) Cottage food production operation--An individual, operating out of the

individual's home, who:

(A) produces at the individual's home:

(i) a baked good that is not a time and temperature control for safety

food (TCS food), as defined in §229.661(b)(13) of this title (relating to Cottage

Food Production Operations);

(ii) candy;

(iii) coated and uncoated nuts;

(iv) unroasted nut butters;

(v) fruit butters;

(vi) a canned jam or jelly;

(vii) a fruit pie;

(viii) dehydrated fruit or vegetables, including dried beans;

(ix) popcorn and popcorn snacks;

(x) cereal, including granola;

(xi) dry mix;

(xii) vinegar;

(xiii) pickled fruit or vegetables, including beets and carrots, that are

preserved in vinegar, brine, or a similar solution at an equilibrium pH value of 4.6

or less;

(xiv) mustard;

(xv) roasted coffee or dry tea;

(xvi) a dried herb or dried-herb mix;

(xvii) plant-based acidified canned goods;

(xviii) fermented vegetable products, including products that are

refrigerated to preserve quality;

(xix) frozen raw and uncut fruit or vegetables; or

(xx) any other food that is not a TCS food, as defined in §229.661(b)(13)

of this title.

(B) has an annual gross income of $50,000 or less from the sale of food

described by subparagraph (A) of this paragraph;

directly to consumers; and

(D) delivers products to the consumer at the point of sale or another location

designated by the consumer.

(10) Department--The Texas Department of State Health Services.

(11) Drinking water--Traditionally known as "potable water" and that meets the

standards set forth in 30 TAC Chapter 290, Subchapter F (relating to Drinking

Water Standards Governing Drinking Water Quality and Reporting Requirements for

Public Water Systems). Drinking water includes the term "water" except where the

term used connotes that the water is not potable, such as "boiler water," "mop

water," "rainwater," "wastewater," and "non-drinking water."

(12) Event--A unique public gathering at which food products are served and for

which an appropriate regulatory authority grants permission, whether by permit,

license, or another official written document.

(13) Exotic animal--Member of a species of game animals not indigenous to this

state, including axis deer, nilgai antelope, red sheep, or other cloven-hoofed

ruminant animals.

(14) Food establishment--

(A) A food establishment is an operation that:

(i) stores, prepares, packages, serves, or vends food directly to the

consumer, or otherwise provides food for human consumption, such as a

restaurant, retail food store, satellite or catered feeding location, catering operation

if the operation provides food directly to a consumer or to a conveyance used to

transport people, market, vending machine location, self-service food market,

conveyance used to transport people, institution, or food bank; and

(ii) relinquishes possession of food to a consumer directly, or indirectly

through a delivery service, such as home delivery of grocery orders or restaurant

takeout orders, or delivery service that is provided by common carriers.

(B) Food establishment includes:

(i) an element of the operation, such as a transportation vehicle or a

central preparation facility that supplies a vending location or satellite feeding

location unless the vending or feeding location is permitted by the regulatory

authority; and

(ii) an operation that is conducted in a mobile, stationary, temporary, or

permanent facility or location and where consumption is on or off the premises

regardless if there is a charge for the food.

(i) an establishment that offers only prepackaged foods that are not TCS

foods;

(ii) a produce stand that only offers whole, uncut fresh fruits and

vegetables;

(iii) a food processing plant, including one that is located on the premises

of a food establishment;

(iv) a cottage food production operation;

(v) a bed and breakfast limited as defined in this section; or

(vi) a private home that receives catered or home-delivered food.

(15) Game animals--Wild animals that are indigenous to this state and not

amenable to the Texas Meat and Poultry Inspection Act, Texas Health and Safety

Code, Chapter 433, for which the hunter must obtain a hunting license from the

Texas Parks and Wildlife Department before hunting animals, such as white-tailed

deer, mule deer, pronghorn antelope, and big horn sheep.

(16) General use pesticide--A pesticide that is not classified by the United States

Environmental Protection Agency for restricted use as specified in 40 CFR §152.175

or is not limited to use by or under the direct supervision of a certified applicator

licensed by the Texas Department of Agriculture or by the Texas Structural Pest

Control Service as applicable.

(17) Group residence--A private or public housing corporation or institutional

facility that provides living quarters and meals. The term includes a domicile for

unrelated persons, such as a retirement home, correctional facility, or a long-term

care facility.

(18) Livestock--Cattle, bison, sheep, swine, goats, horses, mules, other equine,

poultry, domesticated rabbits, exotic animals, or domesticated game birds.

(19) Mobile food unit (MFU)--A vehicle-mounted, self or otherwise propelled,

self-contained food service operation designed to be readily movable (including

catering trucks, trailers, push carts, and roadside vendors) and used to store,

prepare, display, serve or sell food. An MFU must completely retain its mobility at

all times. An MFU does not include a stand or a booth. A roadside food vendor is

classified as an MFU.

(20) Outfitter operation--Any operation, such as trail rides, bus tours, harbor

cruises, or river raft trips, in which food is offered to patrons and which operates

out of a central preparation location or food establishment.

(21) Plumbing Code--The International Plumbing Code, as amended, including

appendices C, E, F, and G, published by the International Code Council as amended

by 16 TAC §70.101 (relating to Amendments to Mandatory Building Code), the

Uniform Plumbing Code, as amended, including appendices required by the

regulatory authority, as published by the International Association of Plumbing and

Mechanical Officials as referenced in Occupations Code, Title 8, Chapter 1301, §255

(relating to Adoption of Plumbing Codes), or a Plumbing Code adopted by a local

regulatory authority, whichever is more stringent.

(22) Private water system--A drinking water system that is not connected to a

public water system and not regulated by the Texas Commission on Environmental

Quality.

(23) Public water system--A drinking water system that complies with 30 TAC

§§290.101 - 290.122 (relating to Drinking Water Standards Governing Drinking

Water Quality and Reporting Requirements for Public Water Systems).

(24) Pushcart--A non-self-propelled MFU limited to serving foods requiring a

limited amount of preparation as authorized by the regulatory authority and readily

movable by one or two persons. A pushcart is classified as an MFU. A pushcart does

not include non-self-propelled units owned and operated within a retail food store.

This type of MFU requires the support of a central preparation facility.

(25) Regulatory authority--The department, the local (municipality, county, or

public health district), federal enforcement body, or authorized representative

having jurisdiction over the food establishment.

(26) Roadside food vendor--A person who operates a mobile retail food store

from a temporary location adjacent to a public road or highway. Food is not

prepared or processed by a roadside food vendor. A roadside food vendor is

classified as an MFU.

(27) Safe material--An article manufactured from or composed of materials that

may not reasonably be expected to result either directly or indirectly in the article

becoming a component of or otherwise affecting the characteristics of any food. An

additive that is used as specified in the Texas Health and Safety Code, Chapter 431,

or other materials that are not additives and that are used in conformity with

applicable regulations of the U.S. Food and Drug Administration.

(28) Self-service food market--A market that is unstaffed and offers

prepackaged non-TCS food and prepackaged refrigerated or frozen TCS food that is

stored in equipment that complies with §228.225 of this chapter (relating to Self-

Service Food Market).

(29) Service animal--A canine that is individually trained to do work or perform

tasks for the benefit of an individual with a disability, including a physical, sensory,

psychiatric, intellectual or other mental disability as specified in Texas Health and

Safety Code, §437.023.

(30) Vending machine location--The room, enclosure, space, or area where one

or more vending machines are installed and operated and that includes the storage

areas and areas on the premises that are used to service and maintain the vending

machines. This does not include self-service food markets.

TITLE 25 HEALTH SERVICES

PART 1 DEPARTMENT OF STATE HEALTH SERVICES

CHAPTER 228 RETAIL FOOD

SUBCHAPTER B MANAGEMENT AND PERSONNEL

§228.31. Certified Food Protection Manager and Food Handler Requirements.

(a) The original food manager certificate shall be posted in the food establishment

in a location that is conspicuous to consumers.

(b) Except as specified in subsection (c) of this section, a certified food protection

manager shall be present at the food establishment during all hours of operation as

required in Food Code, §2-101.11 and §2-102.12.

causing, or contributing to, foodborne illness based on the nature of the operation

and extent of food preparation, such as but not limited to:

(A) establishments that handle only prepackaged food and do not package

food;

(B) establishments that do not prepare or handle exposed Time/Temperature

Control for Safety (TCS); or

subsection (b) of this section.

(d) All food employees, except for the certified food protection manager, shall

successfully complete an accredited food handler training course, within 30 days of

employment. This requirement does not apply to temporary food establishments.

(e) The food establishment shall maintain on premises a certificate of completion of

the food handler training course for each food employee.

§228.32. Reporting Symptoms and Diagnosis Signage.

A food establishment shall post a sign or poster, clearly visible to food employees,

by all handwashing sinks. The sign or poster shall notify food employees to report

symptoms and diagnosis information about their health as it relates to diseases that

are transmissible through food.

TITLE 25 HEALTH SERVICES

PART 1 DEPARTMENT OF STATE HEALTH SERVICES

CHAPTER 228 RETAIL FOOD

SUBCHAPTER C FOOD

§228.61. Approved Sources for Exotic Game Animals.

(a) Exotic animals. If exotic animals are received for sale or service, they shall:

(1) be commercially raised for food; and

(A) raised, slaughtered, processed, and deemed to be "inspected and

approved" under an inspection program administered by United States Department

of Agriculture (USDA) in accordance with 9 CFR 352, Exotic Animals; Voluntary

Inspection; or

(B) raised, slaughtered, processed, and deemed to be "inspected and

passed" under a meat and poultry inspection program administered by the

department or any other state meat inspection program deemed equal to USDA

inspection;

(2) as allowed by law, for exotic animals that are live caught, be slaughtered

and processed as required in paragraph (1)(A) or (B) of this subsection; and

(3) as allowed by law, for exotic animals that are field dressed:

(A) receive an antemortem and postmortem examination by the appropriate

inspection personnel as described in paragraph (1)(A) or (B) of this subsection; and

(B) be transported and processed according to the requirements specified by

the appropriate regulatory authority as described in paragraph (1)(A) or (B) of this

subsection.

(b) Cooking. Exotic animals shall be cooked to heat all parts of the food to a

temperature and for a time that complies with one of the methods for cooking

game animals according to Food Code, §3-401.11, and under a voluntary inspection

program as specified in subsection(a) of this section.

§228.62. Specifications for Receiving.

(a) Temperature.

(1) Grade A pasteurized milk shall be received in refrigerated equipment that

maintains an ambient air temperature of seven degrees Celsius (45 degrees

Fahrenheit) or less.

(2) Molluscan shellfish shall be received in refrigerated equipment or on ice that

maintains a temperature of seven degrees Celsius (45 degrees Fahrenheit) or less,

as required in the Texas Molluscan Shellfish Rules, §241.61(a) of this title (relating

to Molluscan Shell Stock Temperature Control).

(b) Chicken Eggs. Chicken eggs shall be received clean and sound and may not

exceed the restricted egg tolerances for U.S. Consumer Grade B as specified in 7

CFR 56, Voluntary Grading of Shell Eggs and United States Standards, Grades, and

Weight Classes for Shell Eggs, and 9 CFR 590, Inspection of Eggs and Egg Products.

obtained pasteurized in accordance with the Frozen Desserts Manufacturer

Licensing Act, Texas Health and Safety Code, Chapter 440, and 21 CFR 135, Frozen

Desserts.

(d) Shell stock identification. Shell stock shall be obtained in containers bearing

legible source identification tags or labels that are affixed by the harvester or dealer

that depurates, ships, or reships the shell stock, as specified in §§241.50 - 241.71

of this title (relating to Molluscan Shellfish).

§228.63. Buffet Notification.

A card, sign, or other effective means of notification shall be displayed to notify

consumers that clean tableware is to be used upon return to self-service areas,

such as salad bars and buffets as specified in Food Code, §3-304.16.

§228.64. Donation of Foods.

(a) Previous service. Except as specified in paragraphs (1) and (2) of this

subsection, foods which have been previously served to a consumer may not be

donated.

(1) Packaged time and temperature control for safety foods (TCS foods), such as

unopened milk, may be re-served or donated if immediately stored in a cooling bin

maintained at five degrees Celsius (41 degrees Fahrenheit) or below.

(2) The following food products may be re-served or donated.

(A) Packaged non-TCS foods.

(B) Whole fruit, such as apples or bananas.

(b) Unpackaged and unserved foods. Unpackaged and unserved TCS foods may be

donated if:

(1) the temperature of the food is at or below five degrees Celsius (41 degrees

Fahrenheit), or an ambient temperature of seven degrees Celsius (45 degrees

Fahrenheit) for raw shell eggs, at the time of donation, and is protected from

contamination;

(2) the food has been at or above 57 degrees Celsius (135 degrees Fahrenheit)

during hot holding and service, and subsequently refrigerated to meet the time and

temperature requirements in Food Code, §3-501.14 and §3-501.15, or maintained

at proper holding temperatures required in Food Code, §3-501.16;

(3) the donor can substantiate that the food recipient has the facilities to meet

the transportation, storage, and reheating requirements of this chapter; and

(4) the food is to be transported by the food recipient directly to a consumer,

the recipient only needs to meet the transportation requirements in this chapter,

including holding temperatures.

the food, the source of the food, and the date of preparation.

(d) Shelf life. Donated TCS foods may not exceed the shelf life for leftover foods

outlined in this chapter.

(e) Damaged foods. Heavily rim or seam-dented canned foods, or packaged foods

without the manufacturer's complete labeling shall not be donated.

(f) Distressed foods.

(1) Foods which are considered distressed, such as foods which have been

subjected to fire, flooding, excessive heat, smoke, radiation, other environmental

contamination, or prolonged storage shall not be directly donated for consumption

by the consumer.

(2) Such foods in paragraph (1) of this subsection may be sold or donated to a

licensed food salvage establishment if permitted under the provisions of the Texas

Health and Safety Code, Chapter 432.

TITLE 25 HEALTH SERVICES

PART 1 DEPARTMENT OF STATE HEALTH SERVICES

CHAPTER 228 RETAIL FOOD

SUBCHAPTER E WATER, PLUMBING, AND WASTE

§228.141. Source.

A water source obtained from other than a community public water system shall be

sampled and analyzed in accordance with the requirements found in 30 TAC

Chapter 290, Subchapter F (relating to Drinking Water Standards Governing

Drinking Water Quality and Reporting Requirements for Public Water Systems),

concerning transient noncommunity water systems.

§228.142. Water Quality Standards.

(a) Public and private water systems.

(1) Water from a public water system shall meet 40 CFR 141 - National Primary

Drinking Water Regulations, state drinking water quality standards in accordance

with 30 TAC §§290.38 - 290.47 (relating to Rules and Regulations for Public Water

Systems), and 30 TAC §§290.101 - 290.114, 290.117 - 290.119, 290.121, and

290.122 (relating to Drinking Water Standards Governing Drinking Water Quality

and Reporting Requirements for Public Water Systems); and

(2) Water from a nonpublic water system shall meet the requirements of 30 TAC

Chapter 290, Subchapter F (relating to Drinking Water Standards Governing

Drinking Water Quality and Reporting Requirements for Public Water Systems),

pertaining to transient noncommunity water systems.

(b) Sampling. Water from a nonpublic water system shall be sampled and tested

according to 30 TAC Chapter 290, Subchapter F, concerning transient

noncommunity water systems, except nondrinking water.

shall be retained on file in the food establishment, or the report shall be maintained

as specified in 30 TAC Chapter 290, Subchapter F, concerning transient

noncommunity water systems.

§228.143. Water Distribution, Delivery, and Retention Systems.

Nonpublic water mains, water pumps, pipes, hoses, connections, and other

appurtenances shall meet the requirements of 30 TAC Chapter 290, Subchapter F

(relating to Drinking Water Standards Governing Drinking Water Quality and

Reporting Requirements for Public Water Systems), concerning transient

noncommunity water systems.

TITLE 25 HEALTH SERVICES

PART 1 DEPARTMENT OF STATE HEALTH SERVICES

CHAPTER 228 RETAIL FOOD

SUBCHAPTER F PHYSICAL FACILITIES

§228.171. Wall and Ceiling Coverings and Coatings.

(a) Walls including non-supporting partitions, wall covering and ceilings of the walk-

in refrigeration units, food preparation areas, equipment and utensil washing areas,

toilet rooms and vestibules should be light in color or meet the requirements and

approval of the regulatory authority.

(b) Darker-colored coverings for the items listed in subsection (a) of this section

may require additional lighting, as specified in Food Code, §6-303.11, or meet the

requirements set by the regulatory authority, to allow cleaning of the surface.

§228.172. Dogs in Outdoor Dining Areas of a Food Establishment.

Dogs may be allowed in outdoor dining areas of a food establishment if:

(1) the establishment posts a sign in a conspicuous location in the area stating

that dogs are allowed;

(2) the customer and dog access the area directly from the exterior of the

establishment;

(3) the dog does not enter the interior of the establishment;

(4) the customer keeps the dog on a leash and controls the dog;

(5) the customer does not allow the dog on a seat, table, countertop, or similar

surface; and

(6) in the area, the establishment does not:

(A) prepare food; or

(B) permit open food other than food that is being served to a customer; and

(7) the requirements specified in this section do not apply to service animals or

service animals in training.

TITLE 25 HEALTH SERVICES

PART 1 DEPARTMENT OF STATE HEALTH SERVICES

CHAPTER 228 RETAIL FOOD

SUBCHAPTER G POISONOUS OR TOXIC MATERIALS

§228.211. First Aid Supplies, Availability.

A first aid kit shall be provided in all food establishments.

TITLE 25 HEALTH SERVICES

PART 1 DEPARTMENT OF STATE HEALTH SERVICES

CHAPTER 228 RETAIL FOOD

SUBCHAPTER H REQUIREMENTS APPLICABLE TO CERTAIN ESTABLISHMENTS

§228.221. Mobile Food Units.

(a) Mobile food unit provisions.

(1) General. Except as otherwise provided in this paragraph and in paragraph

(2) of this subsection, the regulatory authority:

(A) may impose additional requirements to protect against health hazards

related to the conduct of the food establishment as a mobile operation;

(B) may prohibit the sale of some or all time and temperature control for

safety foods (TCS foods); and

this section relating to physical facilities, except those requirements as specified in

paragraphs (7) – (9) of this subsection, subsection (c)(1)(A) - (E) of this section,

and Food Code, Subparts 3-401, 3-402, 3-403, 3-404, and 3-501.

(2) Restricted operation. A mobile food unit (MFU) that serves only food that is

prepared, packaged in individual servings, transported and stored under conditions

meeting the requirements of this chapter, or beverages that are non-time and

temperature control for safety food and are dispensed from covered urns or other

protected equipment, need not comply with the requirements of this chapter,

relating to the necessity of water and sewage systems nor to those requirements,

relating to the cleaning and sanitization of equipment and utensils if the required

equipment for cleaning and sanitization exists at its central preparation facility.

(3) Readily movable.

(A) The regulatory authority prohibits alteration, removal, attachments,

additions, placement, or change in, under, or upon the MFU that prevents or

otherwise reduces ready mobility.

(B) A regulatory authority may require an MFU to come, on an annual basis

or as often as required, to a location designated by the regulatory authority as

proof that the MFU is readily moveable.

(4) Initial Permitting Inspection. The regulatory authority requires an MFU to

come to a location designated by the regulatory authority. The mobile unit must be

totally operable at time of inspection, including handwash facilities, warewash

facilities, refrigeration, and wastewater disposal. Required documentation to have

available includes:

(A) Certified Food Protection Manager Certification.

(B) Central Preparation Facility Authorization (if required). A signed letter of

authorization is required, to verify facility use, if the central preparation facility is

not owned by the mobile unit operator.

health inspection of the central preparation facility must be maintained on the

mobile unit at all times.

(D) Servicing Area Authorization. A signed letter of authorization may be

required by the regulatory authority to verify service area use, if the servicing area

is not owned by the mobile unit operator.

(E) Menu. A menu of all food items to be sold.

(5) Single-service articles. An MFU shall provide only single service articles for

use by the consumer.

(6) Equipment, numbers, and capacities.

(A) Cooling, heating, and holding capacities. Equipment for cooling and

heating food, and holding cold and hot food, shall be sufficient in number and

capacity to provide food temperatures as specified under Food Code, Chapter 3 -

Food.

(B) Manual warewashing, sink compartment requirements.

(i) A sink with at least three compartments shall be provided for manually

washing, rinsing, and sanitizing equipment and utensils as specified in Food Code,

Paragraph 4-301.12(A).

(ii) Sink compartments shall be large enough to accommodate immersion

of the largest equipment and utensils as specified in Food Code, Paragraph 4-

301.12(B).

employees and properly provisioned in accordance with Food Code, §6-301.11-12.

(7) Mobile water system materials, design, and operation. MFU water systems

shall meet the requirements of Food Code, Part 5-3.

(8) MFU drinking water tank shall meet the requirements of Food Code, §5-

303.13.

(A) Fill hose and water holding tank shall be labeled as "Potable Water."

(B) Drinking water in an MFU holding tank shall be tested for contamination

by sampling upon request by the regulatory authority.

(9) Sewage and other liquid waste.

(A) If liquid waste results from operation of an MFU, the waste shall be

stored in a permanently installed retention tank for waste retention.

(B) A leak-proof sewage holding tank in an MFU shall meet the requirements

of Food Code, §5-401.11 for capacity and drainage.

facilities shall be of a different size or type than those used for supplying potable

water to the MFU.

(D) Discharge liquid waste shall not be discharged from the retention tank

while the MFU is in motion.

(E) Flushing a waste retention tank shall meet the requirements of Food

Code, §5-402.15.

(F) Removing MFU wastes shall meet the requirements of Food Code, §5-

402.14.

(G) Liquid waste holding tank shall be labeled as "waste water."

(10) MFU water and wastewater exemption.

(A) A roadside vendor that sells only prepackaged food is exempt from the

requirements of this chapter relating to water and wastewater.

(B) An MFU that prepares food requiring no water for operations and no hand

contact with food is exempt from the requirements of this chapter relating to water

and wastewater if the required cleaning and sanitization equipment exists at its

central preparation facility. Chemically treated towelettes for handwashing may be

used as specified in Food Code, Paragraph 5-203.11(C).

(11) Toilet rooms, convenience and accessibility. Toilet rooms shall be

conveniently located and accessible to employees during all hours of operation.

(b) Central preparation facility.

(1) Supplies, cleaning, and servicing operations. An MFU shall operate from a

central preparation facility or other fixed food establishment and shall report to

such location daily for supplies, cleaning, and servicing operations.

(2) Construction. The central preparation facility or other fixed food

establishment, used as a base of operation for an MFU, shall be constructed and

operated in compliance with the requirements of Food Code, Chapter 6 – Physical

Facilities.

(1) Protection.

(A) An MFU servicing area shall include at least overhead protection for any

supplying, cleaning, or servicing operation. Those areas used only for the loading of

water or the discharge of sewage and other liquid waste, through the use of a

closed system of hoses, need not be provided with overhead protection.

(B) Within the servicing area, the location provided for the flushing and

drainage of liquid wastes shall be separate from the location provided for potable

water servicing and for the loading and unloading of food and related supplies.

on the MFU or where an MFU does not contain waste retention tanks.

(D) The surface of the servicing area shall be constructed of a smooth

nonabsorbent material, such as concrete or machine-laid asphalt and shall be

maintained in good repair, kept clean, and be graded to drain.

(E) Potable water servicing equipment shall be installed in the servicing area

according to the Plumbing Code and shall be stored and handled in a way that

protects the water and equipment from contamination.

(2) Construction exemption. The construction of the walls and ceilings of the

servicing area is exempted from the provisions of Food Code, §6-201.11.

§228.222. Temporary Food Establishments.

(a) General. The regulatory authority may impose additional requirements to

protect against health hazards related to the conduct of the temporary food

establishment, may prohibit the sale of some or all time and temperature control

for safety foods (TCS foods), and when no health hazard will result, such as

children's neighborhood beverage stands, may waive or modify requirements of this

chapter.

(1) Foods that are not prepared on-site or that require extensive preparation or

cooking must be prepared at a licensed food establishment.

(2) Each temporary establishment may be required by the regulatory authority

to have at least one person on-site who has a minimum of an accredited food

handler certification.

(b) Food temperatures. All food temperature requirements shall be met as

contained in Food Code, Subparts 3-202, 3-401-403, and 3-501, §228.62 of this

chapter (relating to Specifications for Receiving), and §228.64 of this chapter

(relating to Donation of Foods).

conditions meeting the requirements of Food Code, Chapter 3 - Food. The ice shall

be obtained only in blocked, chipped, crushed, or cubed form and in single-use safe

plastic or wet-strength paper bags filled and sealed at the point of manufacture. Ice

for consumption shall be held in the bags until it is dispensed and be dispensed in a

way that protects it from contamination.

(d) Equipment and utensils.

(1) Design and construction. Equipment and utensils shall be designed and

constructed to be durable and to retain their characteristic qualities under normal

use conditions.

(2) Location and installation. Equipment shall be located and installed and

cleaned in a way that prevents food contamination and that also facilitates cleaning

of the temporary food establishment.

(3) Hot and cold holding equipment. Equipment for cooling or heating food and

holding cold or hot food shall be adequate in number and capacity to provide food

temperatures as specified in Food Code, Subparts 3-401-403 and 3-501.

(4) Protection from contamination. Food-contact surfaces of equipment shall be

protected from contamination by consumers and other sources. Where necessary to

prevent contamination, effective shields for such equipment shall be provided.

(5) Alternative manual warewashing. Alternative manual warewashing

equipment, such as receptacles that substitute for the compartments of a three-

compartment sink, may be used when there are special cleaning needs or

constraints and the regulatory authority has approved the use of alternative

equipment. Each compartment shall be large enough to immerse the largest piece

of equipment that will be used. A means to heat water must also be provided.

(e) Single-service articles. A temporary food establishment shall provide only

single-service articles for use by the consumer.

(f) Water.

(1) Water from an approved source shall be made available in a temporary food

establishment for food preparation, handwashing, and for cleaning and sanitizing

utensils and equipment.

(2) Water does not need to be under pressure but shall come from approved

sources which include:

(A) commercially bottled drinking water;

(B) closed portable water containers;

(D) on-premise water storage tanks; or

(E) piping, tubing or hoses connected to an approved source.

(g) Wet storage. Packaged food may not be stored in direct contact with ice or

water if the food is subject to the entry of water because of the nature of its

packaging, wrapping, or container or its positioning in the ice or water.

(h) Sewage. All waste water and sewage generated from the temporary food

establishment shall be disposed of through an approved sanitary sewage system

that is:

(1) a public sewage system;

(2) an individual sewage disposal system that is sized, constructed, maintained,

and operated according to 30 TAC Chapter 285 (relating to On-Site Sewage

Facilities).

(i) Handwashing. Handwashing facilities shall include a container with a spigot that

provides potable, clean, warm water; a wastewater container; soap; disposable

towels; and a waste receptacle. Handwashing facilities are not required if the only

food items offered are commercially pre-packaged foods that are dispensed in their

original containers.

(j) Floors. If graded to drain, a floor may be concrete, machine-laid asphalt, dirt, or

gravel covered with mats, ply-wood, removable platforms, duckboards if covered

with mats, or other suitable materials approved by the regulatory authority, such as

tarps, that effectively control dust and mud.

(k) Ceilings and outer openings of food preparation areas.

(1) Walls and Ceilings. Walls and ceilings shall be made of wood, canvas, or

other materials that protect the interior of the establishment from the weather,

windblown dust, birds, and debris.

(2) Outer openings. The outer openings shall be protected against entry of

insects and rodents by:

(A) 16 mesh to 25.4 millimeters (16 mesh to 1 inch) screens;

(B) properly designed and installed air curtains; or

(3) Exclusion provision. Paragraph (2) of this subsection does not apply if flying

insects and other pests are absent due to the location of the temporary food

establishment or other limiting conditions.

§228.223. Bed and Breakfast.

(a) General.

(1) A bed and breakfast extended, in addition to licensing with the applicable

regulatory authority, shall comply with the minimum requirements of this section if

the establishment:

(A) has more than seven rooms for rent; or

(B) provides food service other than breakfast to overnight guests.

(2) A bed and breakfast food establishment that provides food service to

customers in addition to its overnight guests must comply with the rules and

regulations applicable to retail food establishments, including licensing with the

applicable regulatory authority.

(3) A bed and breakfast limited:

(A) has seven or fewer rooms for rent;

(B) serves only breakfast to overnight guests;

(D) complies with subsection (b) of this section.

(b) Certified food protection manager. The owner or manager shall successfully

complete a food manager's certification course accredited by this department.

Food Code, Subpart 3-201, §228.61 of this chapter (relating to Approved Sources

for Exotic Game Animals), and §228.62 of this chapter (relating to Specifications for

Receiving) and shall be in sound condition and be safe for human consumption.

(d) Food preparation and protection.

(1) Food preparation and protection. Food shall be prepared and protected in

accordance with Food Code, Chapter 3 - Food.

(2) Temperature requirements. All food temperature requirements shall be met

as contained in Food Code, Subparts 3-202, 3-401-403, and 3-501, §228.62 of this

chapter, and §228.64 of this chapter (relating to Donation of Foods).

(e) Cleaning and sanitizing.

(1) Manual. A three-compartment sink shall be used if washing, rinsing, and

sanitizing of utensils and equipment is done manually; or a two-compartment sink

may be utilized if single service tableware is provided, and if an approved detergent

sanitizer is used.

(2) Mechanical. Cleaning and sanitizing may be done by spray-type or

immersion dishwashing machines or by any other type of machine or device if it is

demonstrated that it thoroughly cleans and sanitizes equipment and utensils either

by chemical or mechanical sanitization.

(f) Personal hygiene. Employees shall conform to good hygienic practices as

required in in Food Code, Subparts 2-301-304 and 2-401-402.

(g) Employee restrooms. A restroom shall be available for use by employees.

(h) Equipment and utensil design and construction. All equipment and utensils shall

be constructed of safe materials and maintained in good repair.

(i) Handwash sinks.

(1) Location. An accessible and conveniently located handwash sink shall be

provided in or immediately adjacent to food preparation areas and restrooms.

(2) Intended use. Handwash sinks shall be used for no other purpose other than

handwashing.

(j) Food-contact surfaces. All food contact surfaces, counters, or work surfaces in

the bed and breakfast establishment shall be smooth, non-absorbent and easily

cleanable.

(k) Insect proof/rodent proof.

(1) Construction. Food service preparation and storage areas shall be

constructed and maintained to prevent the entry of pests and other vermin.

(2) Chemical control. Pesticides and rodenticides shall be applied in accordance

with Food Code, Subpart 7-206.

(l) Equipment. Equipment shall be provided to maintain time and temperature

control for safety foods (TCS foods) at the temperatures required in accordance

with Food Code, Chapter 3 - Food.

(m) Garbage receptacles. Impervious receptacles shall be provided for storage of

garbage and refuse.

(n) Sewage. Sewage shall be disposed through an approved facility that is:

(1) a public sewage system; or

(2) an individual sewage disposal system that is sized, constructed, maintained,

and operated according to law in 30 TAC Chapter 285 (relating to On-Site Sewage

Facilities).

(o) Water supply. Hot and cold water under pressure

shall be provided and shall be

from an approved source that meets the standards in accordance with:

(1) state drinking water quality standards in accordance with 30 TAC §§290.38 -

290.47 (relating to Rules and Regulations for Public Water Systems), and 30 TAC

§§290.101 - 290.114, 290.117 - 290.119, 290.121, and 290.122 (relating to

Drinking Water Standards Governing Drinking Water Quality and Reporting

Requirements for Public Water Systems);

(2) private water system standards as provided in 30 TAC Chapter 290,

Subchapter F (relating to Drinking Water Standards Governing Drinking Water

Quality and Reporting Requirements for Public Water Systems), concerning

transient noncommunity water systems.

§228.224. Outfitter Operations.

(a) General. Requirements in this section are specific for outfitter operations. The

regulatory authority may impose additional requirements to protect against health

hazards that may be specific to these operations.

(b) Food supplies. Food supplies, including ice, shall be obtained from approved

sources described in Food Code, §3-201.11-17 (relating to Sources), §228.61 of

this chapter (relating to Approved Sources for Exotic Game Animals), and §228.62

of this chapter (relating to Specifications for Receiving). No home-prepared

products shall be offered.

contained in Food Code, Subparts 3-202, 3-401-403, and 3-501, §228.62 of this

chapter, and §228.64 of this chapter (relating to Donation of Foods).

(d) Food preparation and protection for excursions.

(1) Except for paragraphs (2) - (4) of this subsection, all food shall be prepared

and protected in central preparation facility and meet requirements contained in

Food Code, Chapter 3 - Food.

(2) Only commercially prepackaged ready-to-eat foods or ready-to-eat foods

that have been prepared and packaged with no cooking at a central preparation

facility may be served.

(3) Raw time and temperature control for safety foods (TCS foods) may be

cooked on-site if cooked and immediately served.

(4) All food must be stored to protect from contamination in accordance with

Food Code, Chapter 3 - Food.

(5) TCS foods that require complex preparation must be served within the first

24 hours of the excursion departure time.

(6) Leftovers. Leftover food shall not be re-heated or re-served.

(e) Warewashing.

(1) Alternative manual warewashing equipment, such as receptacles that

substitute for the compartments of a multi-compartment sink, may be used for

washing and sanitizing utensils when approved by the regulatory authority.

(2) An outfitter operation without effective facilities for cleaning and sanitizing

tableware shall only provide single-service articles for use by food employees and

consumers.

(f) Ice usage.

(1) Ice that is used for cooling food may not be used for human consumption.

(2) Ice used for human consumption must be stored in a clean sanitized

container that is properly constructed and maintained in good repair.

(g) Potable water.

(1) Potable water shall be used on excursions for human consumption, food

preparation, handwashing, and for cleaning and sanitizing utensils and equipment.

(2) Potable water must be stored in a clean sanitized container that is easily

cleanable and good condition.

(h) Handwashing.

(1) Handwashing facilities shall include:

(A) a container with a spigot that can be turned on to allow potable, clean,

water;

(B) a wastewater container;

(D) disposable towels; and

(E) a waste receptacle.

(2) Handwashing facilities are not required if the only food items offered are

commercially prepackaged foods that are dispensed in their original containers.

(i) Equipment. All equipment and utensils intended for food contact shall be

approved for food use.

(j) Thermometers. Thermometers shall be provided, accurate, and accessible during

excursions.

(k) Garbage receptacles. Impervious receptacles shall be provided for storage of

garbage and refuse.

(l) Certified food protection manager. If food other than pre-packaged ready-to-eat

food is being served, at least one guide or instructor of the outfitter operation, who

is on the excursion, shall successfully complete a food manager's certification

course accredited by this department.

(m) Central preparation facility. An outfitter operation must have a central

preparation facility as specified in §228.2(20) of this chapter (relating to

Definitions).

§228.225. Self-Service Food Market.

(a) Self-service food markets shall comply with the minimum standards of this

section.

(b) Self-service food markets shall:

(1) be equipped with 24/7 video surveillance records of consumers viewing,

selecting, handling, and purchasing products that identify these consumers. Video

surveillance records must be maintained and available for the regulatory authority

for a period of 14 calendar days from the date of the video; and

(2) provide information to the regulatory authority as to the responsible party

that will be available for routine inspections.

(1) meet the labeling requirements as specified in Food Code, Paragraph 3-

201.11(C);

and

(2) be tamper evident.

(d) A food specified in Food Code, Paragraphs 3-501.17(A) or (B) or §3-501.18

shall be discarded if it:

(1) exceeds the temperature or time specified in Food Code, Paragraphs 3-

501.17(A) and (B), except time that the product is frozen;

(2) is in a container or package that does not bear an expiration date or day;

(3) is not appropriately marked with a date or day that exceeds the temperature

and time combination as specified in Food Code, Paragraphs 3-501.17(A) and (B).

(e) All self-service food market display-units offering refrigerated, time and

temperature control for safety foods (TCS foods) shall have an automatic shut-off

control or a plan approved by the regulatory authority that prevents the market or

market equipment from dispensing food if:

(1) there is a power failure, mechanical failure, or other condition that results in

failure of the equipment to maintain food temperatures as specified under Food

Code, Chapter 4 – Equipment, Utensils, and Linens;

and

(2) where a condition specified in paragraph (1) of this subsection occurs, until

the equipment is serviced and restocked with food that has been maintained at

temperatures specified in Food Code, Subparts 3-202, 3-401-403, and 3-501,

§228.62 of this chapter (relating to Specifications for Receiving), and §228.64 of

this chapter (relating to Donation of Foods).

(f) When a condition specified in subsection (e)(1) of this section occurs, the

ambient temperature may not exceed five degrees Celsius (41 degrees Fahrenheit),

or seven degrees Celsius (45 degrees Fahrenheit) for a unit holding raw shell eggs

only, for more than 30 minutes immediately after the display is filled, serviced, or

restocked.

(g) All self-service food market display-units offering TCS food, shall be:

(1) equipped with a self-closing door; or

(2) maintained at five degrees Celsius (41 degrees Fahrenheit), or seven

degrees Celsius (45 degrees Fahrenheit) for raw shell eggs, if it is an open display

unit.

(h) Self-service food markets shall have a sign readily visible from the automated

payment kiosk stating:

(1) the name of the business to whom complaints or comments shall be

addressed;

(2) the address of the business responsible for the market; and

(3) the responsible business's telephone number and email or web information,

when applicable.

(i) When a retail food establishment operating as a self-service food market

incorporates the provision in this section, it will not be required to maintain a

person in charge onsite as specified in Food Code, Paragraph 2-101.11(A).

TITLE 25 HEALTH SERVICES

PART 1 DEPARTMENT OF STATE HEALTH SERVICES

CHAPTER 228 RETAIL FOOD

SUBCHAPTER I COMPLIANCE

§228.241. Facility and Operating Plans.

Plans may be required by the regulatory authority for:

(1) the construction of a food establishment;

(2) the conversion of an existing structure for use as a food establishment; or

(3) the remodeling of a food establishment or a change of type of food

establishment or food operation, or under the conditions set by the regulatory

authority, if the regulatory authority determines that plans and specifications are

necessary to ensure compliance with this section.

§228.242. Confidentiality, Trade Secrets.

In accordance with the requirements of the Public Information Act, Texas

Government Code, Chapter 552, the regulatory authority shall treat as confidential

the information that meets the criteria specified in law for a trade secret and is

contained on inspection report forms and in the plans and specifications submitted

as specified in Food Code, §8-201.12 and §8-201.14.

§228.243. Construction Inspection and Approval, Preoperational Inspections.

The regulatory authority may conduct one or more preoperational inspections to

verify that the food establishment is constructed and equipped in accordance with

the approved plans and approved modifications of those plans, has established

standard operating procedures as specified in Food Code, Paragraph 8-201.12(E),

and is in compliance with this chapter.

§228.244. Performance and Risk Based Inspection.

The regulatory authority shall inspect each food establishment based upon an

assessment of the food establishment's history of compliance with this chapter and

the potential for causing foodborne illness by evaluating:

(1) past performance, for nonconformance with Food Code or Hazard Analysis

Critical Control Point (HACCP) plan requirements that are priority items or priority

foundation items;

(2) past performance, for numerous or repeat violations of code or HACCP plan

requirements that are core items;

(3) past performance, for complaints investigated and found to be valid;

(4) the hazards associated with the particular foods that are prepared, stored, or

served;

(5) the type of operation including the methods and extent of food storage,

preparation, and service;

(6) the number of people served;

(7) whether the population served is a highly susceptible population; and

(8) any other risk factors deemed relevant to the operation by the regulatory

authority.

§228.245. Competency of Inspectors and Access.

(a) Competency of inspectors. An individual conducting inspections of retail food

establishments should be a Registered Professional Sanitarian in Texas or a

Sanitarian-in-Training in Texas, as defined in 16 TAC Chapter 119, or should meet

the U.S. Food and Drug Administration Voluntary National Retail Food Regulatory

Program Standards basic curriculum and field training elements in order to:

(1) assure application of basic scientific principles, including Hazard Analysis

Critical Control Point principles of food safety, during inspections;

(2) properly conduct foodborne illness investigations;

(3) assure uniformity in the interpretations of this chapter; and

(4) assure fair and uniform enforcement of this chapter.

(b) Verification and documentation of correction. In the case of temporary food

establishments, all priority and priority foundation items must be corrected

immediately, and other violations must be corrected within 24 hours or sooner if

required by the regulatory authority. If violations are not corrected, the

establishment shall immediately cease food operations upon execution of an

Emergency Suspension or Closing Order until authorized to resume by the

regulatory authority.

§228.246. Investigation and Control.

Removal of restriction or exclusion. The regulatory authority shall release a food

employee or conditional employee from restriction or exclusion according to Texas

Health and Safety Code, §438.033, and the conditions specified under Food Code,

§2-201.13.

Version No: 1.0 August 2021