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Home My WebLink About86-2653~ 7 • i ORDINANCE NO. 86-2653 AN ORDINANCE OF THE CITY OF PLAINVIEW PROVIDING FOR INCORPORATION BY REFERENCE OF THE TEXAS. DEPARTMENT OF HEALTH DIVISION OF FOOD AND DRUGS, "RULES ON RETAIL FOOD STORE SANITATION 229.231-.239;" PROVIDING FOR AMENDMENTS; FIXING PENALTIES;,PROVIDING FOR A PROCEDURE TO ESTABLISH FEES; AND PROVIDING FOR A SEVERABILITY CLAUSE. WHEREAS, the Plainview-Hale County Board of Health, on April 24, 3986, adopted as their own, the retail food service regulations adopted by the Texas Board of Health for use throughout the State, with two .amendments.; WHEREAS, it is in the best interest df the. City of Plainview to adopt said regulations with the amendments. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: SECTION 1. The Texas Department of Health Division of Food and .Drugs, "Rules and Retail Food Store. Sanitation" (229.231-.239) are hereby adopted with the following amendments: a) HEALTH CERTIFICATE. Health Certificates will be required of all employees of retail food establishments and shall be issued in compliance with Ordinance No. 77-2136 of the City of Plainview, Texas. b) PERMIT FEES. Permit fees will be .required on an annual .basis for those establishments who operate on a year-round basis, a seasonal basis for establishments whose planned operations are less than six months, or a temporary permit for an establishment whose planned operation is less than two weeks. -Permit fees shall be established from time to time by resolution by the Plainview City Council. SECTION 2. A copy of the Texas Department of Health Division of Food and Drugs, "Rules and Retail Food Sanitation" is hereby attached and made a permanent part of this Ordinance. SECTION 3. PENALTIES. Any person who violates a provision of this Ordinance and any person who is the permit holder of or otherwise operates a retail food establishment that does not comply with the requirements of this Ordinance and any responsible officer of that permit holder or those persons shall be fined not more than two hundred ($200) dollars. SECTION 4. INJUNCTIONS. The Plainview-Hale County Health Department or the City of Plainview may seek to enjoin violations of this-ordinance. ~. SEVERABILITY CLAUSE. Should: ,any. ection, paragraph, sentence, ~ ; clause-or phrase of this ordinance be declared unconstitutional or invalid for any reason, the remainder of said ordinance shall not be affected thereby., PASSED 'AND' APPROVED by the City Council. of the City of PTanview .,Texas on first °reading this, the day of ,` 1986; and ~' passed 'on second and'' final reading the day of 19. - E.V: RIDLEHUBER, Mayor ATTEST: I'~ SHERYL OWEN, Interim City Clerk jam, _J ~_ ., z 4J .~l j . _.~ `~_. Texas Department of Health Division of Food and'Drugs RULES ON RETAIL FOOD STORE SANITATION §229.231. General Provisions. (a) Purpose. These rules shall be liberally construed and applied to promote the underlying purpose of protecting the public health. (b) Definitions. -The following .words and terms when used in these sections,.shail have the following meanings unless the context clearly indicates otherwise: {1) Bulk food - unpackaged or .unwrapped, processed or unprocessed food in aggregate containers from which quantities desired by the consumer are withdrawn, For the purpose of this interpretation, the term does not include fresh fruits, fresh vegetables, nuts in the shell, salad bars and potentially hazardousfoods. (2) Corrosion-resistant materials - those .materials that maintain acceptable sanitary surface characteristics under prolonged influence of the food to be contacted, the normal use of cleaning compounds and sanitizing solutions, and other conditions of the use environment, (3) Display area - a location or locations, including physical facilities and equipment, where bulk. food, and other products, are offered for customer self-service, (4) Easily cleanable - that surfaces are readily accessible and made of such material. and finish and so fabricated that residue be effectively removedby normal cleaning methods, (S) Employee - the permit holder, individual having supervisory or management duties, person on the payxoll, family member, volunteer, person performing work under contractual agreement, or any other person working in a food store. (6) Equipment - items other than utensils used in the storage, preparation, display, and Eransportation of food such as stoves, ovens,.hoods, slicers, grinders, mixers, scales, meat blocks, tables,. food shelving, reach- in refrigerators and freezers, sinks, .ice makers, and similar items used in the .operation of a retail food s"[ore, This item does not include fork lift trucks or dollies. ,, r ,- r ~. (7) Farmers Market - an establishment or location used by producers and vendors primarily for the distribution and sale of raw_and custom shelled agricultural products directly to consumers and wholesalers, The sale of other food. products at such market. shall not disqualify it as a farmer market provided that such food products meet all applicable federal, state, and. local health laws regulating the manufacture and sale of such food products. The occasional sale of nonfood products not regulated, by the Texas Department of Health shall not disqualify it as a farmers market. ; (8) Food - .any-raw, cooked, or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption.. (9) Food-contact surfaces - those surfaces of equipment and utensils with which food normally comes into contact, and those surfaces from which food may drain, drip, or splash back onto surfaces normally in contact with. food. (10) Food ..service establishment - any place where food is prepared and intended. for individual. portion service, _and includes the site at which individual portions are provided, The term includes any such place regardless of whether consumption is. on or off the premises and regardless of whether there is a charge for the food, The term includes delicatessens that offer prepared food in individual service portions. The term does not include- • private homes where food. is pre-pared or served fore individual. family consumption, retail food stores, the location of food vending machines, and suPPlY vehicles. r .> (11) Hermetically sealed container - a container which is designed and intended to be secure against the ,entry of microorganisms and to maintain the com mercial sterility of its contents after processing. (12).Law - applicable Federal, State, and local statuCes, • ordinances, and regulations. (13) Packaged - bottled, canned, eartoned, bagged, or securely wrapped. (14) Permit - the document issued by the regulatory. authority which authorizes a person to operate a retail food store. (~15)Person - any individual, partnership, corporation, association, or other legal entity.. C1.6) Person in charge.- the individual .present in a retail food store who is the supervisor of the retail food store at the time of inspection, If no individual is ~ lie apparent supervisor, then'any employee present is the person in charge.. ,. ~ (17) Potentially hazardous .food - any food.. that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, or other ingredients, including synthetic ingredients, and which is in a form capable of supporting rapid and progressive growth of infectious or toxigenic .microorganisms. The term does not include: clean,. whole, untracked, odor-free'shell eggs; foods-that have a pH level of 4,5 or below or a water activity (aW) value of 0,85 or less under standard conditions; food products in hermetically sealed containers processed to prevent spoilage, (18) Product module - a food-contact container (multi-use or single-service) designed for customer self-service of bulk food by either .direct or indirect means. (19) Regulatory authority - the State and/or local enforcement authority or authorities having responsibility for enforcing these rules. (20) Retail food store - any establishment or section of an establishment where. food and food products are offered to the consumer and intended for 'off-premise consumption, The term includes delicatessens that offer prepared food in bulk quantities only. The term does not include establishments which handle only prepackaged, nonpotentially hazardous foods; roadside markets that offer only. fresh fruits and .fresh vegetables for sale; food service establishments; farmers markets; or food and beverage vending machines as defined in the Vending of Food and Beverages, 1978, Department of Health, Education and Welfare Publication No. (FDA) 78-2091. . (21) Safe materials - 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 -ZOI. (s) or (t) of the Federal Food, Drug, and Cosmetic Act amended May. 1980, Department of Health and Human Services Publication No. (FDA) 80-1051', as used they are "safe" only if they are used in conformity with ,regulations established pursuant to Section 409 or Section 706 of that Act. Other materials are "safe" only if, as used, they are not food additives or color additives as defined in Section 201 (s) or (t) of the Federal Food, Drug, and Cosmetic,Act amended May. 1980, Department of Health and Human Services Publication No: (FDA) 80-1051, and are used in conformity with all applicable regulations of the Food and Drug Administration. (.22) Sanitization - effective bactericidal. treatment as defined in Ghe Procedures. for the. Pacteriological Examination of Food Utensils and/or Food Equipment Surfaces, Technical Information Bulletin No. 1, 1967, Public Health Service Publication No. 1b31, by a process that provides enough accumulative heat or concentration_ of chemicals for enough time to reduce the bacterial count, including pathogens, to a safe level on cleaned food-contact surfaces of utensils and equipment. (23) Sealed - free of cracks or ether openings that permit the entry o'r passage- of moisture. 3 ,, ,. _ , ., (24) Servicing area - a designated location or locations equipped ..for cleaning, sani:ti.zing, drying or refilling product modules or for preparing j-~., bulk food. '~, (25) Single-service articles - - items used by the .retailer or consumer .such as cups, containers, lids, and packaging. materials, including bags and similar articles., intended-.for contact with food, and designed for one-time, one person use and then discarded. The term does 'not include "single use" articles such as number 1-0 cans, alum in-um pie pans, bread. wrappers and similar articles into which food has. been packaged by the manufacturer. (26) Transportation (transported) - movement of food within the retail food store or delivery of food from that retail food store to another place while under-the control of the person in charge. C2.7) Utensil - a,ny food-contact .implement used in" the storage, preparation., transportation, or dispensing of food. j C28) Warewashing - the cleaning and sanitizing'of food-contact surfaces of equipment and utensils. §229:232. Food". . (a) Food supplies.. I (1) General. Food shall be in sound condition and safe for human consumption. Food .shall be obtained from .sources that comply with the ~^°~ applicable laws relating to food .safety: Food prepared in a home shall not :be ~~.% used or offered for sale. Bulk food product modules shall be labeled .with either: (A) The manufacturer's or processor's bulk container labeling plainly in view; or , ,: (R) A'counter card, sign or-other appropriate device bearing prominently and conspicuously the common name of-the roduct a list P of ingredients in proper order of predominance and declaration of artificial color'or flavor .and. chemical reservatives if _c P ontained in the roduct. P (Z) Special requirements. (A) Fluid milk and fluid milk products used or offered-for sale shall be pasteurized and shall comply-with the Grade 'A' standards as established b Ar - y title 165 3, Vernon s Texas. Civil Statutes, The Texas. Milk Grading and Labeling Law. Rsw milk maybe sold by the producer directly. to the consumer- at the point of production, i.'.e. at the farm, provided that such producer has been issued a Grade 'A' Raw Milk 'for Retail PermiC, 'and compl'i.es with all the standards for Grade `A` Raw Mik- for .Retail.. Dry milk and dry milk products used or offered for sale shall be made from pasteurized milk and. milk products. Raw milk cheeses, not: requiring. pasteurization, produced in accordance with the. Code. of Federal Regulations, 21 CFR Part- I33', shall be exempt from the provisions of this subsection. ~l 4. ~, Y (B) Fresh and frozen shucked shellfish (oysters, clams, or mussels) shall be received .and/or repacked in nonreturnable packages identified with the name; and address of the shell stock processor, shucker- packer, or re packer, and the State. certification number issued according to law. Shucked shellfish shall be kept in the Container in which they were receveduntil used or sold. {C) Each original container of unshucked shellfish (oysters, clams, or mussels).. shall be ,identified by an attached tag, to be retained for a period. of 90 days, .that states the name. and address of the original shellfish processor, the date and bay of harvest, the kind and quantity of shellfish and the certification number issued by the State or foreign shellfish control agency, where applicable.. (D) Only clean shell eggs meeting applicable grade standards or pasteurized. liquid, frozen or dry eggs, or pasteurized dry egg products shall be used or offered for sale.. (E) Only ice which. has been manufactured from potable water and handled in a sanitary manner shall be used or offered for sale. Ice offered for sale shall be packaged and shall meet all of the requirements in the Department''s Rules, §229..181-229.184-of this title .(relating. to the Registration of Manufacturers of Foods). (b) Food protection. (1) General. (A) At all times, including ,while being stored, prepared, displayed, dispensed, packaged, or transported, food shall be protected from cross-contamination between food s. and from potential contamination by insects, insecticides, rodents, rodenticides, probe-type price or probe-type .identification .tags, unc-lean equipm ent and utensils, unnecessary. handling, flooding, draining, and overhead leakage. or_condensation, foreign matter, or other agents of public health significance. The temperature of potentially hazardous foods"shall be 4.5°F {7°C) or below or 140°F (60°C) or above, at aII times, except 'as otherwise provided in these rules. Hermetically sealed packages shall be handled so as to main ain,product and container integrity. ..Food items that are spoiled or that are in damaged containers that may affect the product and those food items that have been returned to, or are being detained b.y, the retail. food store because ofspoilage, container damage, or other public health considerations, shall be segregated and held in designated areas pending proper disposition unless disposed of under the supervision of the regulatory .authority. {B) Bulk foods and product modules shall be protected from contamination during display, customer self-service, refilling and storage. {C) Containers of bulk pet foods and bulk nonfood items .shall be separated from other foods by a barrier or open space from product modules. 5 _: ,, ,,: . - 7 P ~ ~ • ~. (D) Bulk food. returned to the store by the customer' steall not ~''"""~ be offered for resale. ; ' ~ (E) Only containers provided'by the store in the display area shall be filled with bulk foods. (2) .Emergency occurrences. The person in charge of a retail food store that is affected by a fire, flood, extended power outage, sewage backup , or a similar signficant occurrence that creates 'a reasonableprobability that food in the retail food store may have been contaminated or that the temperature level of food which is in a .potentially hazardous form may have , caused that food to have become hazardous to health, shall. take such action as is necessary to protect the public health and shall promptly notify the regulatory authority of the emergency, (c) Food storage. (I) General, ', (A) .Food packaged in an immediate closed .container -once the ,... _ container is opened in the retail food store`pror to use or retail sale ~ , ~ shall be kept covered. Food, wfiether raw or prepared, if removed from the immediate closed container in' which`t was originally packaged prior to use or retail sale, shall be stored in a clean, covered container except during necessar eriods y p of pre aration, whole and P unprocessed fresh raw ve etables g and.. fr esh raw fruits shallbe :exempted from this requirement. Container covers steal 1 be impervious and nonabsorbent.. During periods of storage '` , subprimal cuts of meat shall be covered with single-service wrap in material P g ~ ~` " . Primal c ~ uts, quarters or sides of meat, or processed meats such as country ~ hams, slab bacon, and smoked or cured sausages, may be hung uncovered on ~ clean saniti d ho o ., ze oks r-placed on clean, sanitized metal. racks in such a manner as to preclude contamination of any food products in storage. ~ . (B).Containers of food shall be stored-a minimum of six inches (152 il i m l meters (mm)) above the floor or stored on dollies, skids, racks,'or open-ended pallets:, rovidedsuch a ui P merit is q p easily movable. either by hand . or with..theuseof apallet-moving equipment that is on the premises and .used . Such storage, areas shall be kept clean. Cased food packaged in cans, ,glass , or, other waterproof containers need not be elevated .when the case of food i s not exposed: to fhoor moisture and the storage area is kept clean.- (C) Food and containers of food shall not be stored under exposed or unprotec-ted sewer lines, or` water lines that are leaking or on which condensed:. water has accumulated. (D) Packaged foods shall riot be stored in contact with water or undrained ice. (E) A food_ingred.ient,~such as flour, sugar., salt, baking powder., cooking oil or vinegar, that is. not stored in the on final acka e a d g P g n. i s notreadily identifiable on sight, shall be stored in a container identifying it b.y common name. 6~ (F) Labels or, marking pens shall be available to customers to identify their take-home containers with-the common name of the product unless the product is readily identifiable on sight.. ' (G) Toilet rooms and their .vestibules, and .garbage or mechanical rooms shall not be used for the storage of food. (2) Refrigerated/frozen storage; (A) Refrigeration units or effectively insulated .units shall be provided in.such number and of 'such capacity to assure the maintenance of potentially hazardous food at required temperatures during storage. Each mechanically refrigerated unit storing potentially hazardous food shall be provided with a numerically scaled indicating thermometer, .accurate to }3°F (+1°C). The sensing element shall be located to measure the air temperature in the warmest part of the unit. The thermometer scale shall be located to be easily readable. Recording-thermometers, accurate to ±3°F (}1°C) may be used in lieu of indicating thermometers. (B) Potentially hazardous food requiring refrigeration after .preparation shall be rapidly cooled to an internal temperature of 45°F (7°C) or below. Potentially hazardous foods of large volume or prepared in .large quantities 'shall be rapidly cooled utilizing such methods as shallow pans, agitation, quick chilling, or water.-circulation external to the food container so that the cooling period shall not exceed four hours. Potentially hazardous food to be transported shall be pre-chilled and held at a temperature of 45°F (7°G) or below. unless maintained in accordance with the hot storage requirements of these rules. (C) Potentially hazardous frozen foods shall be kept frozen and shall be stored at an air temperature of 0°F (-18°C) or below except for defrost cycles and brief periods of loading or unloading,., (D) Ice-used as a cooling medium for food storage shall not be used or sold for :human consumption. (3) Hotstorage. (A) Hot food storage units shall be provided in such number.. and of such capacity to assure the maintenance of potentially hazardous food at the required temperature during storage.. Each hot food storage unit storing potentially hazardous food. shall be.provided with a numerically scaled indicating thermometer, accurate to ±3°F (±1°C). The sensing 'element shall be located to measure the air temperature in the coolest part of the unit. Thee thermometer scahe shall be located to be easily readable. Recording thermometers accurate to ~°F (±1°C) may be used in lieu of indicating thermometers. Where'it'is impractical to install thermometers on equipment such as heat lamps, calrod`units, or insulated food transport carriers, a-food product thermometer shall be: available and used to check internal-food temperature.. 7 _ ~ -,, t (B) The internal temperature of potentially hazardous foods °requiring hot storage ..shall. be 140°F (60°C) or above, except during necessary periods of preparation. :Potentially hazardous food to be transported shall be held at a temperature of 140°F (b0°C):or above unless maintained in accordance with'ehe refrigerated storage requirements of these rules. (d) Food ,preparation.. (1) General. (A) :Food shall be prepared with a minimum. of manual contact. . Food shall be prepared on food-contact surfaces and with utensils which are clean and have- been sanitized. (B) Each time there is a change in processing between raw beef,. raw pork, .raw poultry or raw eafood,:or achange in processing from raw to ready-to-eat foods, each new operation shall begin with food-contact surfaces and utensils which are clean and have been sanitized. Salads and other ready-to-eat foods should be prepared in separate rooms or in areas that are separated by a barrier or open space from areas used for processing potentially hazardous raw products. (C) Potentially hazardous foods that are in a .form to be consumed without further cooking such as salads, sandwiches, and filled pastry • products should be prepared from chilled products, (2) Raw fruits and-..raw vegetables. Raw fruits and raw vegetables that will be cut or combined with other ingredients or will be otherwise processed into food products by the retail food store will'be thoroughly cleaned with potable water before being used., (3) Cooking potentially hazardous foods. (A) Potentially hazardous-foods being processed within the retail food store by cooking shall be cooked to heat all parts of the food. to a temperature of at least_ 140°F {60°C), except. that:. ~) Poultry, poultry. stuffings, stuffed meats, and stuffings containing meat, shall be cooked to heat all parts of the #ood to at least :165°F (74°C) with. no interruption of 'the cooking process.: w (ii) ,.Pork and pork products shall be cooked to heat all parts of the food to at .least 150°F (66°C), or, if cooked in a microwave oven, to at least 170°F {7Z°C). (iii) When beef roasts under l0 pounds (S kilograms (kg)) in weight are cooked in a still dry heat oven, 'the oven shah be preheated to and held at an air temperature. of ' at least' 350°F (i 77°C) throughout .the. ..process:. .Zf.cooked in a-convection oven, the oven shall be preheated to and held at an air temperature of at least 325°F {163°C) 'throughout the process. /'""* ~. ~, ~~ (B) When beef roasts of 10 pounds (5 kilograms (kg)) or over in weight are cooked in a dry heat oven, the oven shall be preheated to and .held at an .air temperature of at least 25fl°F (.12..2°C) throughout the process. (C) Further, in order to meet public health requirements for the processes cited in Subparagraphs (A) through (B} of this paragraph, the following table lists the minimum internal temperature of the beef roast for the minimum time .the .roast needs to be held at such temperature. Minimum Holding Times:. for Beef Roasts at Various Internal Temperatures Minimum internal Minimum holding Minimum internal. Minimum holding temperature. time temperature time °F °C Minutes. °F °C Minutes 130 54.4 121 138 58 9 131 55.0 97 139 . 59 5 19 .132 55.6 77 140. . 60 0 15 133 Sfi . l 62 141 . 60 6 I2 134 56.7 47 142 . bl l 10 i35 57.2 ~. 37 I43 , 61 7 8 13b 57.$ 32 144 . 62 2 6 137 58,4 24 . 5 (D) ,Beef roasts, if cooked in a microwave oven, shall be cooked to an internal temperature of at least 145°F (b3°C). (4) Bakery product fillings. (A) Custards, cream fillings, a,nd similar products, including synthetic fillings, shall meet the temperature requirement in Subsection (c)(2)(B) of thin section following preparation and be maintained at that temperature during storage, transportation,..and display, Products with syntfietic fillings may 'be excluded from this requirement if: (i) the food, including. the interfacebetween the bakery product and its filling, has a pH level of 4.5 or below or a water activity (aW) value of 0.85 or less under standard conditions; (ii) it is handled in such a manner as to preclude contamination with and the growth of pathogenic microorganisms after .heat processing; or (iii) other scientific evidence is on file with the regulatory authority demonstrating that the specific product will not support the growth of pathogenic microorganisms. ~ , (B) Bakery products with synthetic fillings, which meet the criteria in Subparagraph (A) of this paragraph., may be labeled to state that refrgera ion is not required, (5) Reheating, Potentially hazardous foods that have been cooked and then refrigerated shall be reheated rapidly to an internal temperature of 165°F (74°C) or higher before being `placed in hot -food. storage holding-units. Food warmers and other h'ot food holding units shall not be used for the reheating 'of potentia y ha-zardous foods. . (6) Food product thermometers. Metal stem-type numerically scaled indicating thermometers accurate to ± 2°F (± ° . , , 1 C) shall. be provided and. used to assure attainment and maintenance of proper temperatures during preparation of .all potential y hazardous foods.. (7) Thawing potentially hazardous foods. Potentially hazardous foods shall be :thawed: (A) in refrigerated unit"s at a temperture not to exceed 45°F (7°C); (B) under.. potable running water at a temperature of 70°F j (21°G) b or elow, with sufficient water velocity to agitate and float off loose food .particles into the over flow ,and for a period not to exceed that reasonably required to thaw thee. food; ' (C) in. a microwave oven only when the food. will be immediately transferred to conventional .cooking units as part of a continuous cooking '~. ,i process or when the: entire, uninterrupted cooking. process takes place in the m icrowave oven; or . .(D) as part'of the conventional cooking process. ~~. (e) Food display. - . (1) Potentiall hazardous foods. Y Potentially hazardous foods shall be held at an internal temperature of 45°F (7°C) or below or at an internal temperature of 140°F (60°C)'or higher during display, except-that rareroast beef which is offered for sale hat shall be held at a tem erature of a- p t least 130.°F (55°C). (2) Frozen .foods.. Foods intended for sale in a frozen state shall be displayed aG an air temperature of 0°F (-18°C) or-below., except for defrost cycles and brief periods of loading or unloading,. Frown foods should be displayed below or behind product food line according to cabinet manufacturers' specifications. ~ - j (3) Food display. ~~ '~ ~ ~ 10 - ~~ (A) Food on display, other than whole, unprocessed .raw fruits and.unprocessed raw vegetables, shall be protected from contamination by being packaged, by display case s,. by covered containers for self-service, 'or by similar protective equipment. All food shall be displayed above the floor in a manner that will .protect the food from contamination. -Hot or cold food units shall be provided to assure the maintenance of potentially hazardous food at, the required temperature during display. Potentially hazardous food shall not be provided for consumer self-service except in .salad bar operations intended for individual portion service. (B) Bulk foods shall be dispensed only. from product modules which are protected by close fitting, individual covers. If opened by the customer, the covers shall be_self-closing and shall remain closed when not in _~ ` use, - _....._..~- (C) Customer access to bulk food in product modules shall be limited and controlled to avoid the introduction of contaminants. Means considered suitable include, but are not limited to: (.i) providing a product module depth of no more than 18 inches (457 millimeters (mm)), and (ii) either locating product modules with access from the top so that there is at least 30 inches (762 m m) between the access point and the. .floor; or if the product module access-point is less than 30 inches (762 -, m m) off the floor, providing access from the side or at an angle provided that -when the product module is open, the cover extends across the surface of the product, and provides overhead .protection. (4) Dispensing utensils. To avoid unnecessary manual contact with the food, suitable dispensing utensils and single-service articles shall be used by employees. Consumers who serve themselves bulk food shall be provided suitable dispensing utensils. Manual .contact of bulk foods by the customer during dispensing shall be avoided. Methods considered suitable are: (A) mechanical dispensing devices including gravity dispensers, pumps, extruders and-.augers; (B) manual dispensing utensils including tongs, .scoops,-ladles and spatulas; and {G) wrapping or sacking, (D) Lf the dispensing devices and utensils Fisted in Subparagraphs (A) and (B) of this paragraph do not prevent manual customer contact with certain bulk foods, then these foods must be wrapped or sacked prior to display. (E) Manual dispensing utensils listed in Subparagraph (B) of this paragraph shall be protected against becoming contaminated and serving as vehicles for introducing contamination into bulk food.. Means considered suitable include, uut are not limited to: 1.1 . - _ k. ~ ~. - k (i) using a tether which is constructed of easily ~^, cleanable material.,. is of such .length that the--utensil cannot contact the ':, floor, and. is designed to prevent interference-with the requirement for 'c lose fit ing covers, or ' (ii) storing the utensil in a sleeve or protective housing attached or adjacent to the display unit. when not in use, or (iii) utilizing.,. a,utensil designed so that the handle cannot contact the product if deft in the product-module. (iv) Since it is not practical to store ladles and spatulas used in other than dry foods in .sleeves or-protective housings, .they ` shall be stored in the-food with handles extending to the outside of the product module. Handles shall not prevent lids fram being self-closing. (v) :.Storing the utensil in running potable water. (5). Food sample demonstrations and food promotions. When food sample demonstrations and food promotions are authorized in the retail food store, the person in charge. shall ensure .that' such activities comply with the .applicable. sanitation .provisions of these rules. (f) Food:. transportation by the retail food store. Food, other than hanging primal cuts, quarters, or sides of meat, and raw fruits and raw vegetables, shall be protected from contamination by use of packaging or covered containers while being transported. All food being transported shall , meet the applicable requirements of these rules relating to food' protection ~~ -'~ and .food storage. Foods packaged in immediate closed containers do not need Co be overwrapped or covered if the immediate closed containers have not been opened, torn, or broken. §224.233. Personnel. (a) Employee health. No employee, while infected with a disease in a communicable form that can be transmitted by foods or who is a carrier of organisms that cause-.such a disease or while affected with a boil., an infected wound, or an acute respiratory infection, shall work in a retail food store in any capacity in which. there is a likelihood of such person contaminating food or food-contact'surfaces with pathogenic organisms or transmitting disease. to other persons. (b) ,Personal cleanliness. Employees engaged in food preparation and ware washing operations shall thoroughly wash. their hands and the exposed portions of their arms with soap-or detergent 'and warm water before starting work; after smoking,,ea_ting, or using the :toile t; before and after handling raw meat, or raw poultry, or raw seafood,; and as often as is `necessaryduring work to keep them. clean. Employees shall keep their fingernails "trimmed and .clean.. /'""~j (c) Clothing. (1) Employees shall .wear clean outer clothing. (2) Employees shall use- effective hair restraints where necessary to prevent the contamination of food or.food-contact surfaces. (d) Employee practices. {1) Employees shall maintain a high degree of personal cleanliness and shall conform _to good hygienic practices during all working periods. {2) Employees shall .consume food, beverages, or use tobacco only in designated areas. Such designated areas must be located: so that. the eating, drinking, or tobacco use of an employee does not result in contamination of food, equipment, or utensils. §229.234. Equipment and utensils. (a) Materials. Multi-use equipment and utensils shall be constructed and repaired with safe materials, including finishing materials; shall be corrosion resistant and shall be nonabsorbent; and shall be smooth, easily cleanable, and durable under condition$ of normal use. Single=service articles shall be made from clean, sanitary, safe materials. Equipment, utensils, and single-service articles shall not impart odors, color, taste, nor contribute to the .contamination of food. Product modules and utensils shall be constructed of safe materials; and shall be corrosion resistant, nonabsorbent, smooth, easily cleanable and durable under conditions'of normal use, {1) Solder. If solder is used, it shall be coinposed of .safe materials and be corrosion resistant, (2) Wood. Hard maple ox equivalent nonabsorbent wood that meets the general"requirements set forth in this subsection may be used. for cutting blocks, cutting boards, and bakers' tables. Wood shall not be used as a food- contact surface under-other circumstances, except for contact with raw fruits, raw vegetables, and nuts in the shell. {3) Plastics and rubber materials. Safe plastic or safe rubber or safe rubber-like materials that are resistant under normal conditions of use to scratching, scoring, decom position, crazing, chipping, and distortion, that are of sufficient weight and thickness to permit cleaning and sanitizing by normal warewashing-methods, and which meet the general requirements set forth in this.-subsectionare permitted for repeated use. (4) Cutting surfaces. Cutting surfaces subject to scratching and scoring must be resurfaced sous to be easily cleaned, or be discarded when 'these surfaces can no longer be effectively cleaned and sanitized. ~'' {5) Single-service articles. Single-service articles shall not be. .reused. + 13 ., _. _ ,, ,~ (6) Single-use articles. Single-use articles shall not be reused. (b) Design and fabrication. (1) General. All equipment and utensils, including plastic-ware, shall be designed and fabricated for durability under conditions of normal use and shall be resistant to-denting, buckling, pitting, chipping, and crazing. As a general. principle, the specifications for design and fabrication of equipment .should maintain uniformity with equipment .design criteria found in food codes and national equipment standards. (A) Food-contact sus faces shall be easily cleanable,.smooth, and free of .breaks, open seams, cracks, chips, pits,. and similar imperfections, and free of difficult.-to-clean internal corners and crevices. Cast iron may be used as a food-contact surface only if the surface is used for cooking. Threads shall be-designed-to facilitate cleaning; ordinary "V" type threads are. prohibited in food-contact surfaces, except that in equipment such `as ice makers, hot oiL cooking equipment, or hot oil filtering systems, such threads shall be minimized.. (B) Equipment containing bearings and gears requiring lubricants not~made of safe materials shall be designed and constructed so that the Lubricant cannot leak, drip,, or be forced into food or onto food- contact surfaces. Equipment .designed to receive 1'u6rica ion of bearings and gears on or within food-contact surfaces shall be lubricated with materials meeting the requirements of 2l CFR 178.3570, Code of Federal Regulations, ` Title ?l, Parts 17-0 to_199. ~' - (C) Sinks and drain boards'shall b'e sloped to drain and be self-draining. ,. (D)Product modules, lids, dispensing units and utensils shall be designed.and fabricated to meet the requirements for food-contact surfaces. (1) Accessibility. iTnless designed for in-place cleaning, food- contact surfaces shall be accessible for'cleanng and inspection: . (A) withoutbeing disassembled; (B) by disassembling without the use of tools; or " (C) by easy disassembling with the use of only simple tools, such as- mallets; screwdrivers, or open-end wrenches which are kept .near the equipment, (D) Individual product modules shall be designed to be easily removable from the display unit for servicing unless the modules are so designed. and fabricated that they can be a £fectively cleaned (and sanitized when necessary) through a manual,in-place cleaning procedure that will not contaminate or otherwise adversely affect bulk food or equipment in the adjoining display area. 14 . ~' } (3) .Cleaned in place (CIP). Equipment designed Wand constructed for CIP shall meet requirements equivalent to those contained in the Department's Rules on Food. Service Sanitation; 6229,1b5(b) (3) of this title (relating to Equipment and Utensils). (4) Food. product thermometers, Indicating thermometers required for .immersion into food or cooking media shall be of metal stem-type construction, numerically scaled, and accurate to ~°F (±1°C). (5) Nonfood-contact surfaces. (A)-.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. (B) Surfaces of product module display units, tethers, ,and aI1 display equipment not intended for food-contact, but which are exposed to splash, food debris or other. soiling, shall be designed and fabricated to be .smooth, cleanable, durable under conditions of normal use and free- of unnecessary ledges, projections or crevices. (C) .Tethers shall be designed to be easily removable from the products module for cleaning. (D) The-materials for nonfood-contact surfaces shall be nonabsorbent or made nonabsorbent by being finished and sealed with a cleanable .coating... (6) Ventilation hoods. Ventilation hoods and devices, .where installed; shall be designed to prevent grease or condensation from collecting on walls .and .ceilings.; and from dripping into food or onto food-contact surfaces, Filters or other grease extracting equipment shall be readily removable. for cleaning `acid replacement, if not designed. to be cleaned in place. (.7) Maintenance of equipment and utensils. All equipment and utensils shall be maintained, in good repair to comply with the requirements of this code. (c) Equipment installation and location. (1) Gene"ral. Equipment, including ice makers and ice storage equipment, shall not be located under exposed or unprotected sewer .lines, water lines that are leaking or on which condensed water has accumulated, open stairwells,. or other. sources ,of contamination, (2 )- Table-mounted equipment.. ~~ 15 ,- ,, ,~ , (A) Table-mounted. .equipment small_ be installed to facilitate the cleaning of the equipment and-the adjacent areas. (B) .Equipment that is mounted oa tables or counters., unless portable, shall be sealed to the table or counter or elevated on legs to provide at least a four inch (102 mm) clearance between the. table or counter, except that if no part of the table under the e.quipment~i_s more than 18 inches (457 mm) from cleaning, access, the clearance space shall 'be three 'inches (76 mm) or more; , or if no part of the table under the. equipment. is more than three inches (76 mm) from. cleaning access, the clearance space shall be two inches (S I mm) ' or more.. (C) Equipment is portable within the meaning of subparagraph (B) of this paragraph if: (i) it is small ..and light enough to be moved easily by'one person;. (ii) it has no utility connection, has a utility connection that disconnects quickly, or has a flexible utility connection line of sufficient leng h to permit the equipment to be moved for easy cleaning; (iii) it is table-mounted, .such as powered mixers, grinders,. slicers, tenderizers, and similar equipment, which does not exceed 80 pounds ' (36 kilograms (kg)), or which is equipped with a mechanical means of safely ~, tilting the unit for cleaning. `~ ~~, (3) Floor-mounted equipment. (A) Fioor-mounted equipment, unless easily moveable, shall be: (i) sealed to the floor; or. (ii) elevated. on-legs to .provide at least a six inch (152 mm) clearance between the floor and .equipment,. except that equipment may be elevated to provide. at least a four inch (102 mm) clearance between the floor and equipment if no par t;. of the floor under the equipment is more..than six inches (152 mm) from cleaning access. (iii) Display shelving units, display refrigeration units,, and display freezer units are exempt from the provisions of clauses O and (ii),of this subparagraph if they are installed so that the floor beneath the units. can be cleaned. (B) Equipment is easily movable if: (i} it is mounted on wheels or casters; and . (ii) it has no-utility connection, has a utility connection that disconnects quickly, or has a flexible utility_Iine of sufficient lo.,orh F" ,.o,-..,;r ~~,. ,.~..---__• ~_ t_ -----~ t-- -- -, r (C) Unless sufficient. space is .provided for easy cleaning between, behind,` and above each unit of fixed equipment, the space between it and adjoining equipment units and adjacent wails or ceilings shall be not more than'1/32 inch (0.8 m m) and, if exposed to seepage,-the space shall be sealed. (4) Aisles and working spaces. Aisles and working spaces between units of equipment and between .equipment and walls, shall be unobstructed and of sufficient width to.permit employees to perform their duties readily without contamination of food,. or food-contact surfaces by clothing or personal contact... All easily movable storage equipment such as dollies, skids, racks, and open:-ended pallets shall be positioned to provide accessibility to working areas.. 4229.235.. Cleaning,. Sanitization; and Storage of Equipment and Utensils. (a) -Equipment and utensil cleaning and sanitization. (1) Cleaning frequency. (A) ..Utensils and food-contact .surfaces of equipment shall be cleaned and sanitized as follows: (i) each time there is a change in processing between raw beef, raw pork, raw poultry or raw seafood, or a change in processing from raw to ready-to-eat foods; _. (ii) after any interruption of operations during which tim e contamination may have occurred; and (iii) after final use. each working day. .(B) Tongs, scoops, ladles, spatulas, other appropriate utensils and tethers used by customers shall be cleaned and 'sanitized at least daily or at more frequent` intervals based on .the type of food and amount of food particle accumulation or soiling. (C) 'Product modules, lids and other equipment shall be cleaned prior to restocking, when soiled or at intervals on a schedule based on the .type of food and amount of food particle accumulation, (D) Where equipment and utensils are used for the preparation of potentially hazardous foods on a continuous or production-line basis, utensils and the.food-contact surfaces of equipment shall be cleaned and sanitized at intervals throughout' the day on a schedule based on food tem perature, type of food, and amount of food. particle accumulation. ~E) The food--contact surfaces of cooking devices and the cavities and door seals of microwave ovens shall be cleaned at least once each day of use, except ghat this shall not apply to hot oil cooking equipmenC and hot oil filtering systems. The food-contact surfaces of all baking equipment %° and ..pans shall be kept free of encrusted grease deposits and other accumulated soil. 17 ,: i ~" (F) ....Food-contact surfaces shall be cleaned and sanitized immediatel if ' \. y contamination is observed or suspected,. ' ~Ci):Nonfood-contact surfaces of equipment, including transport .vehicles shall be cle d- of , ane as ten as is necessary to keep the equipment free of accumulation of dust,. dirt, food particles,-and other debris. (2) ;Wiping cloths. (A) Cloths or sponges used for wiping food spills on food- ' contact. surfaces of equipment shall be clean and rinsed frequently in one of th i e san tizing- solutions permitted in paragraph (3)(G) of this subsection and us d e for no other purpose.. These cloths` and sponges shall be stored in the sanitizing solut ion between " uses. (B) Cloths or sponges used for cleaning nonfood-contact surfaces f i ` o equ pment shall be clean and rinsed as specified in subparagraph (A) of thi s paragraph and used for no other purpose. .These clo . the and spon es g shall be stored in th e sanitizing solution between uses. (C) Single-service disposable towels are permitted in Lieu of wiping cloths or sponges if they are discarded after each use. (3) Manual cleaning and sanitizing. (A) Facilities :and/or equipment shall be available, .either in ~i ~ a servicing area 'or in place, to provide for proper cleaning and sanitizing of all food ta -con ct surfacesincluding product modules, lid s. and dispensing utensils. I (B) For manual cleaning and sanitizing of equipment and utensils a sink with t ,.: wo or three compartments shall be provided and used, Sink c ompartments: shall be large enough to accommoda a the immersion of most equipment and utensils, and each compartment of the- sink shall be supplied with .hot and -cold .potable running water. Where immersion in sinks is impracticable (e.g b . ., ecause equipment is too large), .equipment and utensils shall be cleaned and sanitized manuahy or b ressure m d . y p s ra . etho s. P Y °. .. , (C) Drain boards or easily moveable utensil tables of adequate size shall be provided for proper storage and handling of soiled utensils prior. to cleaning and for cleaned utensils following sanitising and shall be located so as not to interfere with proper .use of the warewashing facilities. (D).Equipment.:and utensils shall be pre flushed or prescraped and when neces a e , s ry, pr soaked to remove food .particles and soil. (E) The sinks shall be cleaned before. use. (F) When a three-compartment: sink is utilized for warewashing, h t e: operation shall be conducted in the following sequence: i 18 (i) equipment and utensils shall be thoroughly cleaned in the first compartment with a hot detergent solution that is kept clean and at a concentration indicated on_the m anufacturer's label; {ii) equipment and utensils shall be rinsed free of detergent and abrasives with clean water in the second com partment; and (iii) equipment and utensils shall be sanitized in the third compartment according to one of the methods included in subparagraph (H) of this paragraph. (G) When a two-com partment sink is utilized for warewashing, a three step sanitzation sequence must be followed which is acceptable to the regulatory authority, (H) The food-contact surfaces of all equipment and utensils shall be sanitized by one of the following methods: ~(i) immersion for at least ~1/2 minute in clean, hot water of a temperature. of at least 170°F (77°C ); (ii) immersion for at least 1 minute in a clean solution containing at least 50 parts-per million of available chlorine as a hypochlorte and having a temperature of at least 75°F (24°C); y.._~ \' (iii) immersion for at least 1 minute in a clean solution containing at least 12.5-parts per million of available iodine, having a pH range which the manufacturer has demonstrated to be effective and at a temperature of at least 75°F (24°C); (iv) immersion for at least 1 minute in a clean solution c°ntaining 200 parts. per million of a quaternary ammonium com pound and having a temperature of at least 75°F (24°C). The quaternary. ammonium compound used shall have been compounded by the manufacturer to assure. effectiveness in waters up 'to SOO parts per million hardness. at use. concentration; . (v) Immersion in a clean solution containing any other chemical sanitizing agent allowed under 21 CFR 1.78,1010, Code of Federal Regulations, Title 21, Parts 170 to 199, .that will provide the equivalent .. bactericidal effect of a solution containing at least 50 parts per million of available .chlorine. as a hypochlorite at a temperature o.f at least 75°F (24°C) for 1 minute; (vi) Treatment with .steam free from materials or additives other than those specified in 21 CFR 173.310, Code of Federal Regulations, Title 21, Parts 170-to 199, in the case of equipment too large to sanitize by immersion, but in which steam can. be confined; or (vii) Rinsing, spraying, or swabbing with a chemical - sanitizing solution of at least twice the strength required for that -.~ particular sanitizing solution under clauses (ii), (iii), and (v) of this subparagraph in the case of equipmenE too large to sanitize by immersion. 19 ~~ ~' (I) When hot water is .used for. sanitizing.,. the following equipment shal 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 beast 1..70°F (77°C); (ii) a numerically scaled indicating thermometer, accurate to +3°F (±1°C) convenient to the sink for frequent checks of water temperat~.~re; and (iii) utensil racks or baskets of such size and design to permit complete immersion of utensils and equipment in the hot water. (J) When chemicals are used for sanitization, they shall not have concentrations higher .than the maximum permitted under 21 GFR 178.1010, Code of Federal Regulations, .Title 21, Parts 170 to 199; and a test kit or other device that measures the parts per million concentration of the solution shall be provided and used. (4)- Mechanical cleaning and sanitizing. (A) Facilities and/or equipment shall be available, either in a servicing area or in place,. to provide for proper cleaning and sanitizing of all food-contact surfaces including product modules, Tids and dispensing l utensils. ' (B) Mechanical cleaning and sanitizing equipment and practices ' shall conform to the provisions contained in the Department's Bules on Food Service Sanitation, 4229.166(a) (4) of this title (relating to Cleaning, Sanitation and Storage of Equipment and Utensils). - (5) Drying. Unless used immediately. .after sanitization all equipment and utensils shall be air .dried. Towel drying shall not be ,permitted, ~ - (6) Retail food stores without equipment and.utensil cleaning facilities. Retail food stores that do not have facilitiesfor proper cleaning and sanitizing of atensils and equipment shall not-prepare or .package food or dispense potentially hazardous food or unpackaged food other than raw + fruits and .raw vegetables, (b) Equipment. and utensil. handling and storage. (1) Handling. Cleaned and sanitized ,equipment and- utensils shall be handled in a way that protects them. from contamination.. (2.) Storage. (A) Cleaned and sanitized utensils and equipment shall be stored at least six inches (152 mm) above the floor in a clean, dry location in 'a way that. protects them from splash, dust,- and other means of contamination. The food-contact surfaces of fixed equipment shall also be protected from contamination. Equipment and utensils shall not be placed under exposed or unprotected sewer fines, or water lines that are leaking or on which condensed water has aecum ulated. (B) Utensils shall be air dried before being stored or shall be stored in a self-draining position. (C) Stored utensils shall be covered or inverted wherever practical. (3) Single-service articles. (A) Single-service articles shall be stored in closed cartons or containers at least six inches (152 mm) above the floor or on easily movable dollies, skids, racks; or open-ended pallets. .Such storage shall protect the articles from contamination and shall not be located under exposed or unprotected sewer lines, or water lines that. are leaking or on which condensed water has accumulated. (B) Single-service articles shall. be handled in a manner that • prevents contamination of surfaces that may come in contact with food. (C) Take-home containers (bags, cups, lids, etc.) provided in the display area for customer use shall be stored and dispensed in a sanitary ....manner. (4) Prohibited storage areas.. Food equipment, utensils, or single- . service articles shall not be stored in locker rooms., toilet rooms or their vestibules, garbage rooms, or mechanical rooms. §228.236. Sanitary Facilities and Controls. (a) Watersupply. (1) General. `Sufficient potable water for the needs of the retail - -food store shall be provided from a source constructed,. maintained, and ' operated according to law. (2) .Water delivery. All potable water not provided to the retail food store directly from the source by pipe shall be delivered in a bulk .water transport system and shall be transferred to a closed water system... Both of these system`s shall be.constructed, maintained, and operated according to law. '(3) Water under pressure. Water under pressure at the required temperatures shall be provided to all fixtures and equipment that use water. 21 3 f (4) Steam.. Steam used in contact with food or food-contact surfaces sha1T'be free from any materials or additives other than those specified in 21 CFR 173.310, Code of Federal Regulations, Title 21, Parts .170 to 199. (b) Sewage - General. A21 sewage, including liquid waste, shall be dsposed'of by a public sewerage'system or by a sewage disposal system constructed, maintained, and operated according to law, Nonwater carried sewage disposal facilities are prohibited, except as permitted by the regulatory authority.. (c) Plumbing. (1) General. Plumbing shall be sized, installed, and maintained accor-ding to law. There shall be no cross-connection between the potable water supply and any other system .containing: _ (A) water of unknown or questionable origin, or (B) contaminating or polluting substances. (2) Nonpotabie water system. A nonpotable water system is permitted for air conditioning, equipment cooling, and fire protection, and shall be installed according to law. Nonpotable water shall not directly or ° indirectly contact-'food or equipment ox utensils that contact food. The piping of any non potable 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 .instal led to protect against backflow and backsiphonage at all fixtures and equipment where an air gap at least twice the diameter of the `water, system inlet is not provided between the water supply inlet and the -fixture's flood level rim. No hose .shall be attached to a faucet that is not equipped with a backflow prevention device. (4) `Grease raps. Grease traps, if used, shall be located to be ,.easilyaccessible for cleaning. (5) Garbage grinders. Garbage grinders, if used, shall :be w installed and maintained according to law., ''~ (6) Drains. Except for properly trapped open sinks, there shall be ~ no direct connection between the sewerage system and any drains originating from equipment in which food, portable equipment, or utensils are placed. When a ware washing machine is located within five feet (152 centimeters (cm)) of a 'tra ed floor` drain the war PP ewasher waste o utlet may be connected directly on the inlet side of a properly vented floor drain tra if ermitted P P by Law: . (d) `Toilet .facilities. ,.-.,, ;, 22 (1) Toilet installation, Toilet facilities shall be installed according to law, shall be at least one and not less than the number required by law, sfialT be conveniently located, and shall .be accessible to employees at all times, ' (2) Toilet design, Toilets and urinals shall be designed to be easily cleanable, (3) Toilet rooms. Toilet rooms shall be completely enclosed and shall have tight-fitting, self-closing solid doors, except for screened louvers that may. be necessary for ventilation sys ems. (4) Toilet facility maintenance. Toilet facilities, including toilet fixtures and any related vestibules, shall be kept clean and in good repair. A supply of toilet tissue shall be provided at each toilet at all times. Easily cleanable receptacles shall be provided for waste materials. Toilet rooms used by women .shall have. at least one covered waste receptacle. (e) Handwashing facilities, (1) Handwashing facility installation. Handwashing facilities shall be installed according to law, shall be at least one and not less than the number required by law, and shall be conveniently located to permit use by all employees in food preparation and ware washing areas. Hand washing facilities shall be.accessible to employees at all times. Handwashing facilities shall also be located in or immediately adjacent to toilet rooms or their vestibules. `sinks used for food preparation or for warewashing shall .not be used for washing of hands or for any other purpose. (2) Hand washing facility faucets. Each hand washing facility shall be provided with hot .and cold water tempered by means of a mixing valve or combination faucet, Any self-closing, or metering Faucet used shall be designed to provide a flow of water for. at least l5 seconds without the need to reactivate the faucet. Steam mixing valves are prohibited at hand washing facilities.. (3) Handwashing supplies. A supply of hand-.cleansing soap or detergent shall be available at each hand washing -facility. A supply of sanitary towels or a hand-drying device providing heated air shall be conveniently located near each hand washing facility. Common towels are prohibited. If disposable towels are used, easily cleanable waste receptacles shall be conveniently located near the hand washing facilities. (4) Handwashing facility maintenance, Handwashing facil-hies, soap or detergent dispensers, hand-drying devices, and all related facilities shall be kept clean and.. in good repair. ~_ 23 7 ,_ ~ (S) Nandwashing available at bulk food display area. When hand washing facilities are not available at the bulk food display. area, customers, upon request; are permitted access,'to hand washing faciliCies located in employee restroom(s), provided that access to employee xestrooms does not allow customers into unauthorized 'areas .such as the meat market, bakery, and :delicatessen. Accessibility may be required. by State or loca l authority. (6) Waste receptacle(s). When sanitary paper towels or disposable towelettes are provided, easily cleanable waste receptacle(s) shall be conveniently provided in the display area. (f) Garbage and refuse, (1) ,Containers. " (A) Garbage and refuse shall be held in durable,. easily cleanable, insect-resistant, and rodent.-resistant containers that do not leak and do not absorb liquids. Plastid bags: and wet strength paper bags may be used to line these containers. Such bags and durable plastic garbage and refuse con ainers may be used for storage inside the retail food store. (B) Containers used 'in food preparation and utensil washing areas shall be.-kept covered during nonworking hours and after they are filled, ' (C) Containers stored outside the establishment, including dumpsters, compactors, and com pactor'.systems, shall be easily cleanable, shall be provided with tight,-fitting lids, doors, or covers, and shall be kept covered when not in actual use. In containers designed with drains, drain plugs shall be in place at all times,` except during cleaning. (D) There shall be a sufficient number of containers to hold all the. garbage and -refuse that accumulates. (E) Soiled containers shall be cleaned at a frequency to prevent insect and rodent attraction. Each container shall be thoroughly cleaned on the inside and outside in a way,that does not contaminate food " equipment, utensils; or food preparation areas. Suitable facilities, detergent; and hot water or steam, .shall be provided and .used for cleaning containers. Liquid waste from compacting or cleaning operations shall be disposed of as sewage. .. (2) Storage. (A) Garbage and refuse on the premises shall be stored in a manner to make' them ,inaccessible to insects and rodents. Outside storage of nonrodent-resistant plastic containers, unp=otected plastic bags., wet strength paper bags, or baled units which contain garbage or refuse is prohibited, Cardboard or other packaging material not containing garbage or food wastes need not be stored in covered containers. 4 ) (B) Garbage or refuse storage rooms,-if used, shall be constructed of easily` cleanable, nonabsorbent, washable materials, shall be kept clean, shall be insect and rodent resistant, and shall be large 'enough to stare all the garbage and refuse containers necessitated by disposal pick-up frequency. ~C) Outside storage areas or enclosures, if used, shall be kept clean and shal be large enough to store all the garbage -and refuse containers necessitated by disposal pick-up frequency. Garbage and refuse containers, dumpsters, and compactor. systems located outside, shall be stored on or above a smooth surface of nonabsorbent material, such as concrete or .machine-laid asphaa[, that is kept clean .and maintained in good repair. (3) Disposal, (A) Garbage and refuse shall be disposed of often enough to prevent ,t he development<of objectionable odors and the attraction of insects and rodents. (B} Where garbage or refuse is burned on the premises, it shall be done by controlled incineration in accordance with law. Areas around incineration units shail be kept clean and orderly, (g) Insect and rodent control. (1). General. .Effective measures shall be utilized to minimize the entry, presence, and pYopagation of rodents, flies, cockroaches, or other • insects. The premises shall be maintained in a condition .that prevents the harborage or feeding of insects or rodents. (2) Openings. Openings to the outside shall be effectively protected against the entry of rodents. Outside openings shall be protected against the entry of insects by tight-fitting, self-closing doors; closed windows; screening;, controlled air currents; or other means. Screen doors shall be self-closing, and screens for windows., skylights, transoms, intake and exhaust air ducts, and-other openings to the outside shall be tight- fitting and free of `breaks. Screening material shall be not less than 16 mesh to the inch,. .4229.237. Construction 'and Maintenance of Physical Facilities, (a) Floors. (1) Floor-construction, 25 i ,. (A) Except as specified in paragraph (2) of this subsection, floors .and floor coverings of all food preparation, food. storage, and warewashing areas, and the floors of all.walk-in refrigerators, dressing rooms, locker rooms, toilet rooms and vestibu es, shall be constructed of smooth durable`materia such as sealed 'concrete, terrazzo, quarry tile, ceramic tile, durable grades of vinyl asbestos or plastic tile, or tight- fitting wood impregnatedwith plastic, .and shall be maintained in good repair.. Nothing in this section shall prohibit the use. of .anti-slip floor covering in areas where necessary for safetyreasons. (B) Floors which are: water flushed or which receive discharges of water or other fluid wastes or are in areas where pressure-spray methods for cleaning are used, shall'be provided with properly installed trapped drains. .Such.. floors shall be constructed only of sealed concrete, terrazzo, .quarry tile, ceramic tile, or similar materials and shall be graded to drain. (C) In all establishments utilizing concrete, terrazzo, quarry tile, ceramic tile, or similar flooring materials or where water flush cleaning methods are used, the junctures between walls and floors shall be coved and sealed. In all other cases, the juncture between walls and floors shall :be coved so as not to present an openseam of more than l/32 inch (0.8 mm) . (2) Floor carpeting.. Carpeting, if used as a floor covering, shall be of closely woven construction, properly installed,. easily cleanable, and ~" maintained in good repair, Carpeting shall not be used in food preparation ~ and ware washing areas, in food storage areas, or in toilet room areas where ,...urinals or fixtures are .located. (3) Prohibited floor covering. Sawdust, wood shavings, granular salt, baked clay, diatomaceous earth, or similar materials shall .not be used as floor coverings; however, these materials may be used in-amounts necessary far immediate spot clean-up of s pills or drppage on floors. (4) Mats and duckboards. Mats and duck.boards shall- be of nonabsorbent, grease resistant materials, and of such size design, and construction to facilitate cleaning `and shall be maintained in good repair, (5) Utility Line installation, Exposed utility service lines and pipes shall be installed in a way' that does not obstruct or prevent cleaning of the floor..-Utility service lines"and pipes installed through the floor shall be effectively sealed so as not to present an open space. In all new or extensively remodeled establishments, installation of exposed horizontal utility service lines and pipes on the floor is prohibited. (b) Walls and ceilings. (1) Maintenance. Walls and ceilings,. including doors, windows,. .skylights; and similar closures, shall be maintained in good repair. ' 26 (A) Except as specified in paragraph (2) of this subsection, floors and floor coverings of all food preparation, food storage, and warewashing areas, and the floors of all walk-in refrigerators, dressing rooms, locker "rooms, toilet rooms and vestibules, shall be constructed of smooth durable material such as sealed concrete, terrazzo, quarry tile, ceramic tile, durable grades of vinyl asbestos or _plast`ic tile, or tight- fitting wood impregnated with plastic, and shall be maintained in good repair. Nothing in this section shall prohibit the use of anti-slip floor covering in areas where necessary for safety reasons. (B) Floors which are water flushed or which receive discharges of water or other fluid wastes or are in areas where pressure spray methods for cleaning are used, shall be provided with properly installed trapped .drains; Such floors shall be constructed only of sealed concrete, terrazzo, quarry tile, ceramic tile, or similar materials and shall be'graded to drain. (C) In all establishments utilizing concrete, terrazzo,. quarry -tile, ceramic tile, or similar flooring materials_or where water flush cleaning methods are used, the junctures between walls and floors shall be coved and. sealed. In all other cases, the juncture between walls and floors shail.be coved so as not to present an open seam of more than 1/32 inch (0,8 mm) (2) :Floor carpeting... Carpeting, if used as a floor covering, shall ,: be of closely woven construction, properly installed, easily cleanable, and maintained in good repair.. Carpeting shall not be used in _food preparation and ware washing areas, in food storage areas, or in toilet room areas where • urinals or fixtures are located. (3) Prohibited floor covering. :Sawdust, wood shavings, granular salt, baked clay, diatomaceous earth, or similar materials shall not be used as floor coverings; however, these materials may be used in amounts necessary for immediate spot clean-up of spills or drippage on floors. ~4) Mats and Buckboards. Mats and Buckboards .shall be of nonabsorbent,:.grease resistant materials, and of such size ,-design, and construction to facilitate cleaning and shall be maintained in good repair. (5) Utility-line installation. Exposed utility service Lines and .pipes shall. be installed in a waq that does not obstruct or prevent cleaning of the floor. Utility service lines and pipes installed through the floor .shall be effectively sealed so as not to present an open space. In all new or extensively remodeled establishments, installation of exposed horizontal utility service lines and pipes on the floor is prohibited. (b) Walls. and ceilings. (1) Maintenance. Walls and ceilings, including doors, windows, skylights, and. sim filar closures, shall be maintained in good repair. 26 _. _- , . _ , (2) Construction, The wal.ls,_wal coverings, and ceilings of walk- in refrigeration units, food preparation areas, ware washipg areas, and. toilet rooms and their vestibules shall'be smooth, nonabsorben and easily cleanable. Concreteor pumice blocks. and bricks used for interior .wall construction in these locations shall be'finished and sea ed to provide a smooth easily cleanable surface,:. (3) Exposed construction, Studs, joists, and rafters shall. not be exposed in those-areas listed in paragraph (2) of this subsection. If exposed in other rooms or areas they sha1T be finished to provide a cleanable surface. (4) Utility line installation. Utility service lines and pipes ...shall note be unnecessarily exposed on walls,or ceilings in those areas. listed in paragraph (2),of this subsection. Exposed utility service lines- and pipes shall be installed in a way that does not obstruct or prevent cleaning of the walls and ceilings. Utility service lines and pipes installed through walls and ceilings shall be effectively sealed so as not to present. an open space. (S) Attachments. Light fixtures, vent covers, wall mounted: fans, decorative materials, and similar attachments to walls. and ceilings shall be easily cleanable and shall be maintained in good repair. (6) Covering material installation. Wall and ceiling covering materials shall be attached and sealed in a manner to be easily cleanable. (c) .Cleaning physical facilities. (1) General. Cleanng'of'floors, walls, and ceilings shall:be drone ,, • as often as necessary, but preferably during periods when the least amount of .food is exposed, such as after closing. Only dustless methods. of cleaning • floors, walls, and ceilings shall be used, such as vacuum cleaning, wet cleaning, treated dust mops, or the. use of dust-arresting sweeping compounds wiEh brooms. Floors, mats, Buckboards, walls, ceilings, and attachments (e.g., light fixtures, vent `covers, `wall mounted fans, and similar equipment), and decorative materials (e.g., signs and advertising materials) shall be kept clean.. (2) Service sinks. At least one servicesink 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. Hand washing or ware washing facilities,. or food preparation sinks shall not be used for this purpose. (d) Lighting. (1) Genera'1 (A) Perm anenaly- fixed artificial light sources shalh be installedto provide at least 50 foot candles of light on :all food preparation surfaces and at ware'washing work levels. 1 27 _, (B) Permanently fixed artificial light sources shall be installed to prowide, at a distance of 30 inches (762 m m) from the floor: (i) at' least 30 foot candles' of light in sales areas, utensil and equipment storage areas, and in hand washing and toilet areas; .and (ii) at least 20 foot candies of light in walk-in refrigeration units, dry food storage areas, and 'in all other areas. (2) Protective shielding. (A) Lamps located over or within food storage, food preparation, and food display facilities, and facilities where .utensils and equipment are cleaned and stored shall be shielded, coated or otherwise `shatter resistant, (B) infrared or other heat lamps shall be protected against breakage by a shield surrounding and ex tending `beyond the. bulb,.. leaving only the face of the bulb exposed. (e) Ventilation. fl) General. All rooms shall have. sufficient :ventilation to keep them free of excessive heat,. steam, condensation, vapors, obnoxious odors, smoke, and fumes. Ventilation systems shall be installed and operated ;= according to law and,. when vented to the outside, shall not create a harmful ~ or unlawful discharge. Intake and exhaust air ducts shall be maintained to prevent the entrance of dust, dirt, :and other contaminating materials. (f) Dressing rooms and. locker areas. (1) Dressing rooms and areas. If employees -routinely change . ...clothes within the establishment, rooms or areas shall be designated and ..used for that purpose. These designated rooms or areas shall not be used for food preparation, food storage, food display, ware washing, or storage of utensils and equipment.. (2) Locker areas. Lockers or other suitable: facilities shall be provided and used fpr the orderly storage of employee clothing and other belongings. Lockers.--or other .suitable facilities may only be located in the designated dressing rooms or areas or, in food storage rooms or areas containing only completely packaged food. or packaged single-service articles. (g) Poisonous or toxic materials. (1) Materials permitted. Only those poisonous. or toxic materials necessary and intended for the maintenance of the. establishment, including the cleaning and sanitization of equipment and utensils, and the control.of insects and rodents, sha l be present in retail food stores, except those items being stored or displayed for retail sale as described in paragraph (5) of this subsection. c (2) Labeling_ of materials. Containers of poisonous or toxic materials necessary for operational maintenance of the establishment shall be prominently and. distinctly labeled in accordance with law. Small working conkainers of bulk c,leani~tg agents sha l be, individually labeled for` easy identification of contents. (3) Storage. of materials. Poisonous. or toxic materials necessary for the maintenance of the establishment consist of the following two categories: _(A) Insecticides and rodenticdes; ($) Detergents, sanitizers, relatedcleaning or drying agents, and caustics, acids, polishes, and other chemicals. (C) Materials _in subparagraphs (A) and (°B) of this paragraph shall be stored and located to be physically separated from each other; sha21 be stored in cabinets or in similar physically separated coin partments or facilities used for~no other purpose; and, to preclude potential contamination shall nat be stored above or intermingled with food, food eq[iipmenb, utensils, or single-service articles, except .that this latter requirement does not prohibit 'the convenient availability of detergent sanitizers, or santizers at warewashng facilities. (4) Use of materials. fA) Sani'tizers, cleaning compounds, or other compounds intended for use on food-contact surfaces shall not be used in a way tha t 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 sha1T not be used in a way Ghat contaminates food, equipment, or utensils, nor in a .way other than. in full compliance with` ttie manufacturer's 1 ab;el ng. (5) Storage and display of materials for retail sale. Poisonous or toxic materials stored or displayed for retail sale shall be separated. from food and single-service articles by spacing, partitioning, or dividers., These materials shall not be stored or displayed .above food or single-service articles. (6) First-aid supplies and personal medications, Retail food store employee first-aid supplies and personal medications shall be stored 'in a way that prevents them ..from contaminating food and food-contact surfaces. (h) Preinises. (i) General. ,. r (A) Retail food stores and all parts of the property used in connection with operations of the establishment shall be reasonably free of litter and articles not essential to the operation or maintenance of the establishment. (B) The walking and driving surfaces of all exterior areas of retail food.. stores shall be surfaced with concrete, asphalt, or with gravel or similar material effectively treated to facilitate maintenance and minimize dust. These surfaces shall be graded to facilitate drainage. (2) Living areas. No operation of a retail food store shall be conducted in any room used as living. or sleeping quarters. Retail food store operations shall be separated from any living. or sleeping quarters by com plete partitioning and solid, self-closing doors. (3) Laundry facilities, (A) If provided.,' laundry facilities in a retail food store shall be restricted to the washing and drying of linens and work clothes used in the operation. If such items are laundered on the premises, an electric or gas dryer shall be provided and used. (B) Separate rooms shall be provided for laundry .facilities, except that-.such operations may be conducted in storage rooms containing only • packaged foods or packaged single-service article s ~ ~ (4) .Linens and work clothes storage. (A) Clean: work clothes and linens, including articles such as wiping cloths, shall be stored in a clean place and protected from contamination until used. (B) Soiled work clothes and linens, including articles such as wiping cloths, shall be kept in nonabsorbent containers or washable laundry bags until removed for laundering' and shall be stored to prevent contamination of food, food equipment ad utensils. (5) Cleaning equipment storage. .Maintenance and cleaning tools such as brooms, mops, vacuum cleaners, and similar equipment shall be m aintained in good repair 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. (A) Live animals shall be excluded from within the retail food .store operational areas and from immediately adjacent areas inside the store under the control of the permit holder. This exc'~'u'~ion does not apply to. edible fish, crustaeea, shellfish, or fish in aquariums. (i) Live or dead fish bait shall be stored separately ~~ ~ from food or food .products. 30 ,_: ~ - _._ a ~-`~ . {ii) Patrol dogs accompanying security or police officers '~~ shall be permitted in offices, storage.,areas; and ou side store premises. Sentry dogs may be permitted to run. loose in outside fenced areas for security reasons. Guide dogs accompanying blind _persons shall be permitted in sales areas. • -(B).Whale. on duty; persons employed in the'food preparation areas of an establshmenC shall not. care for or handle any pets, or patrol/sentry dogs. §229.238. Compliance Procedures. (a) Inspections. (i) Access. Agents of .the regulatory authority, after proper identification, shall be permitted to enter any retail food store at any reasonable time, for the purpose of making inspections to determine compliance with these rules. The agents shall be permitted to examine the records of the establishments to obtain information pertaining to food and supp-lies purchased, received, or used, or to persons employed. (2) Report of inspection. Whenever an inspection-is made of a retail food store, the findings shall be recorded on the inspection report •form referred to in subsection {C) of_ths section. A copy of the inspection report form shall be furnished to the owner or person in charge at the completion of the inspection and_consti.tutes a'written notice. The inspection report form shall summarize th'e requirements of these rules, and shall set ,, forth a weighted point value for each requirement. :The rating score of the. ~ • establishment shall be the total of the weighted point value for all violations, subtracted from .100. The completed inspection report form is a public document that shall be made available for public disclosure to any person who requests it accordingto Iaw. (3) Correction of viola ions. ~ The inspection report form shall specify a reasonable period of .time for the correction of the violations found, and correction of the violations shall be accomplished within the .period specified, in accordance with the following .provisions: {A) -If an imminent health-hazard exists, such as complete Iack of santization, refrigeration, an extended loss of water supply, an extended power outage,- or sewage. backup into the establishment, the establishment shall + immediately cease affected retail food store operations and shall immediately notify the regulatory authority. Such operations shall not be resumed until authorized by the regulatory authority. . (B) All violations of 4- or 5- point weighted items shall be corrected within a time specified by the health authority, but in any event, not to exceed" 10 days.. (C)'. 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 inspeetion• ,\ ,: 31 ~. (D) When rating score. of the establishment is less than 60, the establishment shall initiate corrective action on all identified violations within 48 hours. One or more reinspections shall be conducted at reasonable time intervals to assure correction, (4) Examination and condemnation of food. may examine and collect samples of food as often asrnecessar authority enforcement of these rules. .The regulator authorit y for the ..notice to the owner or person in charge spec f in the reasonltherefor rtten under detention any food which_it has probable ca use. to believe is adulte rated 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, Dru and Cosmetic Act. g~ (5) Procedure when infection is suspected. When the regulatory authority ha's reasonable cause to suspect the possibility of disease transmission from any retail food store employee history of-the su pected employee or make any othertinvest gat on aso madlbe indicated and shall 'take appropriate action. The regulatory authority ma require any or all of the following measures. ~ y (A) the immediate exclusion of the employee from all retail food stores; (B) ,the immediate. closing of the retail food store concerned until, in the'opin"ion of the regulatory authority, no further dan er .disease outbreak exists; g of (C) restriction of .the employee's services to some area of the establishment where there would be no danger of transmitting disease; _ ~(D)adequa a medicaland laboratory examination of the employee, of other employees, and, of the body discharges of such employees. (b) Enforcement. (1) Penalties. .Any person (or responsible agent of that erson who operates a retail food store, analwho. violates any of the provisions of these rules or who. creates a public health hazard because of a failure to correctthe violations stated ,in subparagraphs (A) through (C) of this + .Paragraph. is subject "to prosecution under the provision of Article 4476-5 Texas Civil Statutes, The Texas Food, Drug, and Cosmetic Act. (A) All 4- or 5- point violations within the time specified by the regulatory authority. (B) Violations of these rules within a specified time when the retail food store .rating. score falls below 60. tC)..Repeated violations of the same provisions. of these .rules. _~ 3 2 1• ,- _ _. __ .. :8 /°~°`\ (D) When rating score. of the establishment is less than,60 the establishment shall ini i ' , t ate corrective action on all identified violations within 4$ hours One r . o more reinspections shall be conducted at reasonable time intervals to e -assur correction.. (4) Examination. and condemnation of food. may examine and collect sam les f r a or p o food as often as necessoary for the enforcement of these rules. The-regulator a th i y u or -ty shall, upon written notice to the owner or person in charge specifying the . reason therefor, place under detention any food. which it has probable c u a se to believe is adulterated or mi branded in accordance with the i i prov s ons of Section 6, and :paragraph (2) of Section 21, Article 4476-5 Texas Civil t , Sta utes, The Texas_Food, Drug, and Cosmetic' Act. (5) Procedure when infection is suspected. _When the regulatory authorityhas reasonable a s c u e to sus ect t transm' p he Possibilat issron from any retail f d f oo . store employee, it may secure a history of the. suspected morbidity employee or ak ' . : m e any other investigation as may be indicated and shall take appropriate a tio c n. The regulatory authority may require any or all of the following measur . es. (A) the immediate exclusion of the employee from all retail food stores;. . . (B) the immediate closing of the retail food store concerned until, in the'opinon of the regu ator authorit l y y, no further danger of disease. outbreak exists; ~ (C) restriction of the employee's services to some area of the I, establishment where there would be n ' . o danger of transm ' fitting disease; ~(D)adequate medical and laboratory. examination of the employee,~of other emplo ees d y ,.. an of the body discharges of such em plo ees. Y (b) Enforcement. . (1) Penalties. Any person (or responsible a ent who 0 of perates a retai g that erson 1 fo d P ~ o store and wh o v iola to s the an of t he se rules or who createsa ~' provisions of public health h d aza r bee c a orrect the use of a fai violations stated lure to in subparagraphs (A) h t rough (C) of this paragraph is subject to prosecution under the vi i pro s on of Article 4476-5, Texas Civil Statutes, The Texas Food,. Drug; nd C e i a osm t c Act, (A) A11 4- or 5-point violations within the time specified by the regulatory authority. (B) Violations of these rules within a specified time when. the retail food store ratin sco f . g. re ails below 60. (C). Repeated violations of the same provisions of these rules. '~ . S~ - • - _. y ~ ,. f~ (2) Injunctions. fine regulatory authority may seek to enjoin violators of these rules under the provisions of Article 4476-5, Texas Civil Statutes, The Texas Food, Drug and Cosmetic Act. (c) Inspection-report form. The Department adopts by reference the Department Form entitled, "Retail .Food Store Inspection Report", described in subsection (a) (2) of this section and available in the Department's Food and Drug Division Office, 1100 West 49th Street, Austin, Texas, 7875b. §229.23.9. Enactment Provisions. (a) Exceptions. fl) Building facilities and equipment. Building facilities and equipment in use before the effective date of these rules and which do not meet fully all of .the design and fabrication requirements of these rules shall be acceptable if they are in good repair, capable of being maintained in a sanitary condition, and the. food-contact surfaces (if any) are in compliance with the definition of safe materials in §?_29.231(b) of this title (relating to General Provisions). (2) New building facilities and new equipment. New building .facilities and new equipment for which contractual obligations are incurred before the effective date of these rules,. and which do not fully meet all the design ..and fabrication requirements of these rules shall be acceptable if they ~ are capable of being maintained in a sanitary condition and the food-contact surfaces (if any) are in compliance with the definition of safe materials in §229.231(b) of this title (relating to General Provisions). (b) Separability. If any provision or application of any provision of these rules is held invalid, that invalidity shall not affect other provisions or applications.of these rules. 33 ,.