HomeMy WebLinkAbout86-2681~~
'ORDINANCE NO . ~~ -~~
AN ORDINANCE AMENDING CHAPTER 13 OF .THE PLAINVIEW CITY
CODE, RELATING TO~FOOD AND FOOD HANDLERS, PROVIDING FOR
ADOPTION OF THE TEXAS DEPARTMENT OF HEALTH DIVISION OF
..FOOD AND DRUGS, RULES AND REGULATIONS ON RETAIL FOOD
STORE SANITATION; PROVIDING FOR REQUIREMENT OF HEALTH
CARDS; PROVIDING FOR INSPECTIONS OF FOOD SERVICE AND
RETAIL FOOD STORE ESTABLISHMENTS AND FOR A PERMIT AND
FEE SCHEDULE.; .AND PROVIDING. FORA PENALTY.
WHEREAS.,. the City Council of the City of Plainview, Texas finds
a need to amend. that portion of the City Code. dealing with Food and
Food Handlers; and
WHEREAS, the Texas Department of Health, Division of Food and
Drugs has promulgated rules and regulations governing retail food
store sanitation; and
WHEREAS, the City Council of the City of Plainview, Texas
recognizes the need to inspect those places where food products are
`stored or sold; and
WHEREAS, the City Council of the City of Plainview, Texas
recognizes the need to license those persons whose work brings them
into contact with food products.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
~ OF PLAINVIEW, TEXAS:
,~
That Chapter 13 of the Code of the City of Plainview, Texas, is
hereby amended to read as follows:
Article I of Chapter. l3:
Section 13-1. Adoption of State rules for Retail Food
Sanitation.
a. The Texas Department of Health Division of Food and
drugs, "Rules and Regulations on Retail Food Store
Sanitation", (Sections 229.231 thru 229.239) are
hereby adopted and incorporated by reference herein
as if full set forth. `-
* * ~ * * * * * * * ~ ~ * ~r
Article II of Chapter 13:
Section 13-16. Health Card Required.
a. Every person whose work brings him or herein contact
.with the. production, handling, storage, or
transportation of fcaod or food praducts, including
retail food establishment workers whose work entails
-a likelihood of such person contaminating food or
food-contact surfaces, shall hold a health card issued
by a licensed physician in compliance .with this
chapter.
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b. Retail food establishment workers whose work is solely
~'` and exclusively in an area where there is no
~,- reasonable likelihood of contaminating food or
food-.contact surfaces, .such as cashiers or sackers,
are exempt from this section. Such exemption shall
cease if said worker is in fact working in an area
where. food or food-contact surfaces may be
contaminated.
c. The health card shall certify to the fact that not
more than fifteen (15) days prior to issuance proper
examinations have been made that said person is free
of tuberculosis, and that said person is not a carrier
of any disease capable of being spread through the
handling of food and food products.
Section 13-23. Penalties.
a. Any person or commercial establishment violating any ;
of the provisions of this chapter shall bedeemed
guilty of a misdemeanor and such person shall be
deemed guilty of a separate offense for each and every
day or portion thereof during which any violation of
any of the provisions of .this chapter is :committed,
continued, or permitted and upon conviction of any
such violation such person shall be punishable by a
;` fine of not. more than one thousand dollars
($1,~OQ.00), provided for the same or similar offense
.under the laws of the state, then the maximum penalty
for violation as provided by state statute shall be
the maximum penalty under this code.
Article III. Food Service and Food Seller Establishments.
Secton_ 13-35. T~efinitons.
(a} "Food service establishments" shall include retail
food stores, bakeries, taverns, bars, nightclubs,
private clubs., or any other place of business which
sells food or drinks to the public in other than
individual containers.
(b) "Food seller" shall be any person or organization
who is selling any products intended for human
..consumption..
Section 13-37. Permit fee.
~~ (a) The annual permitfee fora food service
establishment or a retail food store establishment
shall be seventy-five dollars ($75.00). Any permit
--
3 ~a tt.9
fee may be prorated up_to the beginning of the year
{January first) but no permit fee shall be refunded
-~ by reason of discontinuance of business, or in case
said license is revoked by reason°of violation of
this article.
{b) The permit fee for those establshmentswhich are
seasonal, that is, in operation. from six months to
.two weeks out of the calendar year, shall be
twenty-five dollars ($25.00).
(c) The permit fee`for those establishments which are
temporary, that
is, in operation for. two weeks or
.
less out of the calendar year,. shall be fifteen
dollars ($15.00).
(d) The above fees. are subject to change as the
Plainview-Hale County Health District .deems necessary.
Said fee change. may occur by an administrative policy
declaration. Said fee schedule shall be reviewed on
an annual basis by the Plainview-Hale County Health
District and the City Manager's office shall be
advised-of the findings of the."review as well as any
changes in the fee structure or rates.
Section 13-41. Food Sellers.
(a) .Food sellers who do not come under either Food
.
Serv-ice or Retail Food Store regulations by
virtue of the nature of their product shall be
required to obtain a food seller's permit and
undergo such inspections. as shall from time to
time. be deemed necessary by the Plainview-Hale
County Health District.
(b) Fees for food sellers who come under this section
shall be fifty dollars ($50.00) for those sellers
who operate full time, year-round. The permit fee
for those sellers who operate on a seasonal basis,
that is, in operation from six months to two weeks
out of the calendar year, shall be twenty-five
dollars {$25,00). The permit fee for those sellers
who operate on a temporary basis, that is, in
operation for less than two weeks out of the calendar
year, shall be fifteen dollars ($15.00).
{c) The above fees are subject to change as the
.
Plainview-Hale.COunty Health District deems necessary.
Said fee change may occur by an administrative policy
declaration. Said fee schedule shall be reviewed on
an annual basis by the Plainview-Hale County Health
District and the City Manager's office shall be
advised of the findings of the review as well as any
changes in the fee structure or rates.
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§22.9.231. 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, shall have the following meanings unless the context clearly
indicates otherwise:
(1) Bulk food - unpackage.d 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 vegeEables, nuts in the shell,. salad bars and potentially
hazardous foods.
(2)_ Garrosion-resistant materials - those materials that maintain
acceptable sanitary surface characteristics under .prolonged influence of .the
-food to be"contacted, 't.he normal use of cleaning compounds and sanitizing
solutions, and other conditions of the use' environment.
(3). Display area - a location or locations, including physical
facilities and equipment, where bulk food, and other products, are offered for
customer. self-.service.. -
.(4) Easily cleanable - that surfaces are readily accessible and
made of such material and finish and so fabricated that. residue be effectively
removed by normal cleaning methods:
(5) Employee - the perm it .holder, individual having supervisory or
management .duties,. person on the payroll., family. member, volunteer, person
performing work under contractual..agreement, or any other person working in a
food store.
(6) 'Equipment -. ,items other than utensils used in the storage,
preparation, display, and transportation of food such as stoves, ovens, hoods,
slicers, grinders, mixers, scales, meat blocks, tables, food shelving, reach-
. in refrigerators and freezers, sinks, ice makers, and similar items used in
the operati.on,of a retail food store. This item does not include. fork lift
trucks or dollies,
a~
. y ~
~J) Farmers MarkeC - 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 wholesa ers, The sale of
other food products at such market shall `not disqualify it as a farmers°market
provided that such food products meet all applicable federal, state, and. local
health laws regulating the manufactureand 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
,
beve-rage or ingredient used or intended for use or for sale in whole or- in
'
i
~ part for fiuman consumption.
(9) .Food-contact surfaces - those surfaces of equipment and
ut n
e sls 'with which f
ood normall comes into
.contact
Y and
these surfzces from
which food may drain, `drip, oz 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 prepared. or served f
or individual family
_
.consumption;- retail food.. stores; the location'~of food: vending machines, and.
supply vehicles.:
(il) Hermetically sealed container - a container which is designed
and intended to be secure against the entry ~f microorganisms and to maintain
the commercial sterility. of its contents--after processing. -
~12).Law - applicable Federal, State, and ,local statutes
,
ordinances, and regulations.
(13) Packaged - boCtled, canned, cartoned, bagged, or securely
wrapped.
(14) Permit - the document issued by the regulatory .authority.. which
authorizes a_per.son to operate a retail foodstore.
(~15)Person - any individual, partnership, corporation,
-association,_ or other legal- entity.'
~~
C16) Person in charge - the individual present in a retail food.
store who is the. supervisor of the retain food s-.tore at the- time of
inspec-tion, if no ind.ividual,is cue apparent supervisor, then any employee
-
present is
the erson in char e
p g .
Z
,~~a
I'
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.,
- {17) Potentially hazardous food - any food that consists in whole or
~~ in part of milk or milk prochicts, eggs, meat, poultry, fish, shellfish, edible
crustacea, or other ingredients, .including synthetic ingredients, and which is
in a form capable of supporCing rapid: and progressive growth of infectious or
toxigenic microorganisms, The term does not include: clean, whole,
uncracked odor-free shell eggs; foods that have a pH level of 4.5 or below or
a water activity (aW) value of 0:85 ar'Less under standard conditions; food
products in herme[icaliy 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 includ e
establishments which handle only.prepackaged, nonpotentiaLly hazardous foods;
roadside markets that offer only fresh fruits. and fresh. vegetables for sale;
food service a tablishments; farmers markets.; or food and beverage vending.
machines as defined in the Vending of Food and Beverages, 1978, Department of
.Health, Education and Welfare Publ'icatiori No. (FDA) 78-2091,
~~ (21) Safe material - articles manufactured from or composed of
materials that may not reasonably be~.expected to result, directly or
\~ ~~ indirectl
y, in their becoming a component or otherwise affecting 'the
characteristics of any food: If materials are food additives or color
additives as defined in Section .201 (s) or-(t) of the Federal Food, Drug, and
Cosmetic Act amended. May 1980, Department of Health and Human Services
Publication.No. (.FDA) 8.0-105.1,- :a s' used tfiey 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} Sanitize ion - effective bactericidal treatment as defined in
the Procedures for the Pacterio.Togical,Examination of Food .Utensils and/or
Food Equipment Surfaces, Technical Information Bulletin No. I, 1967, Public
.Health Service Publication No. 1F31, by a process that provides enough
accumulative. heat or concen tration of chemicals for enough time to reduce the
bacterial cunt, including. pathogens, to a' safe level on cleaned food-contact
surfaces of utensils and equipment.
{23) Sealed = free of cracks or other openings that permit the entry
or passage of moisture.
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(24) Servicing .area - a designated docation,or locations equipped'
for .cleaning, sanitizing, drying or refilling product. modules'or for preparing°
bulk food. ~-
(25) Single-service articles - items used by the retailer or
consumer such as cups, containers,'. lids, and packaging: materials, including.
bags anal 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 10 cans, aluminum pie pans, bread
wrappers and similar articles into which food has been packaged by the
manufacturer. -
(26) Transportation (transported) - movement of food within the
retail food store. or delivery of food from- that retail food store to another
place while under the control of the person in charge.
~'i
(2J) Utensil - any food-contact implement used in the: storage,
preparation, transportation, or dispensing of food.
(28)' Warewashing - the cleaning and sanitizing 'of food-contact
surfaces of equipment and utensils.
§22.9.232. Foad. .
(a} Food supplies.
(1) General. Food sha l be in sound condition and safe for human
consumption. Food shall be obtained from sources that comply with the-
applicable laws relatingto food safety. Food prepared in a home shall :rot be ~
`~ <.
used or offered for sale. Bulk food product'moduies shall ;be labeled with
either:
',
(A) The manufacturer's or processor's bulk container labeling
plainly in view; or
(B) A counter card, sign or other: appropr%ate device bearing
prominently and conspicuously the. common name of the product, a list-of
ingredients in proper order of predominance and declaration of artificial
color or flavor and chemical. preservatives if contained .in the product.
(2) Special requirements.
(A).Fluid milk and fluid milk products used or. offered fore
sale: shall be pasteurized and shall comply with the Grade 'A` standards as
established by Article 165-3, Vernon's` Texas Civil Statutes,.. The Texas. Milk
Grading and Labeling Law.. Raw milk may be 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 Permit, -and complies
with all the standards for Grade 'A' Raw Milk for Retail. Dry milk and dry-
I milk products used or~offered for sale shall'be made from. pasteurized. miik and
milk products.... .Raw milk cheeses, not requiring pasteurization, produced in'
acrordance_ with the Code of b'ederal Regulations, 21 CFR Part 133, shall be
~>xempt from the provisions of this subsection.
'`'
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(B) Fresh and frozen shucked shellfish (oyste.rs, 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 repacker, and the State certification number issued. according to
law. Shucked shellfish shall be kept in the container in which they were
received until used or' sold.
(C) Each original container of unshucked shellfish (oysters,
clams, or mussels) shall be identified by an attached tag, to be retained for
a period of 90 days, .that statesthe name and address of the original
shellfish processor, th:e date and bay of harvest, the kind and quantity-of
shellfish and the certification number i-ssued by the State or foreign
r 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.sa.nitary manner .shall be used or offered for sale. Ice
offered for sale shall be packaged and shall meeC 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) Faod protection.
(1) Genera .
i
i
~_;
EA) At all times, including while being stored, prepared,
displayed, dispensed, packaged, or transported, food .shall be .protected from
cross-;contamination between foods and from potential contamination by insects,
inset°ticides, rodents, rodenticides, .probe-type price or probe-type
identification tags, unclean equipment and utensils, unnecessary handling,
flooding, draining, and overhead leakage or condensation, foreign matter, or
of-her agents of._public health significance. The temperature of potentially
hazardous foods shall be 4.5°F (7°C) or below or 14'0°F {6'0°C) or.above, at all
times, except as otherwise provided in,these rules. Hermetically sealed
packages shall be handled so as to maintain product and container integrity.
Food items tha tare spoiled or that are in damaged containers that may affect
the product and those food items that have been returned to, or are being
.detained by, the retail food store because of spoilage, container dam age, or
other public health considerations, shall be segregated and held in designated
areas pending proper disposition unless- disposed of under the supervision of
the regula ory 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._
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(D) Bulk food returned to the •store., by the customer sha l note
be offered for resale,.
~.
CE) Only containers provided by the` store in the display area
shall be filled with b
lk f
u
oods.
C2) ..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 oc
e
t
curr
nce
hat creates a:reasonable probability that
food in the retail fo
d
o
stone may have been contaminated 'or that
the
.
temperature level of food which is in a potentially hazardous form may have
a
c
used. that food to have become hazardous-to health, shall take such action a
s
is necessary ,to protect the public health:.and shall promptly notify the
regulatory authority of the emergency.
(c) Food.-storage.
(1) General...
(A) Food packaged in' an immediate closed container, once the
contain
i
er
s opened in the retail food s ore prior to use or retail sale,.
shall be kept cov
d
ere
. Food, .whether raw or prepared, if removed from the
immediate
l
d
t
c
ose
con
ainer: in which it was originally packaged prior to use or
retail sale
shall b
r
,
e sto
ed in a clean, covered container, except during
necessary periods of preparation: Whole and u
nprocessed fresh raw.vegetables
and fresh. raw fruits shall be>.exempted from this r
q
i
e
u
rement. Container
covers shall be impervious and nonabsorbent. During periods of
t
r
'-'"
s
o
age,
subprimal cuts of meat.shalI be covered with'sngle-service wrapping material.
Primal /
;
`_%
cuts., quarters or sides of meat, or processed meats such as country
hams
slab bacon
d
,
., an
smoked:or cured sausages, may be hung uncovered on
clean,-sanitized hooks or placed on clean
saniti
d m
'
,
ze
etal 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
f152 miilimeters (mm))
b
a
ove the floor or stored on'dol ies, skids, racks, or
open-ended
pallets, provided such
ui
t
.
eq
pmen
is easily movable either by hand
or with the use of a pallet-.moving e
ui
nt
h
q
pme
.t
at is on the premise and:used..
Such storage areas shall be. kept clean. Cased food packa
ed in c
g
ans, glass,
or other waterproof .containers need not be elevated when the case of food is
not exposed to floor moisture and' he storage area 'is kept .clean.
CC) Food. and containers of food shall not be shored under
exposed or u
e
e
nprot
ct
d.sewer lines, or water lines that are leaking or om
which condensed water has accumulated.
(D) Packaged foods shall not be stored in contact with water
or undrained i
ce.
(E) A food ingredient, such as flour, sugar, salt, baking
powder,
cooking .
oil
or
vi
h
,
.
.
_
negar, t
at is not-stored in the original package and
is not readily identifiable on si
ht,
h
ll b
g
,s
a
e stored in a' container
identifying it b
comm
a
y
on n
me.
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(F) Labels or.,marking pens shall be~available to customers to
identify their take-home containers wth~the common name of the product unless
the product is readily identifiable on .sight.
(G) Toil:e.t 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 insulatedunits 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 ~°F
(±1°C): The sensing element- shall be located to .measure the .air temperature
in .the warmest .pant `af the unit. The the=mometer scale shall. be located to be
easily readable. Recording thermometers, accurate to. ~°F (+l°C) may be used
in lieu of indicating .thermometers.
(B) Potentially hazardous food requiring refrigeration after
preparation shall be rapidly cooled Co an internal temperature of 45°F (7°C)
or below.' Potentially hazardous foods. of large volume or prepared in large
quantitiessha~ll 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 hoar Potentially hazardous
% food to be transported shall be pre-chilled and held- at a temperature of 45°F
- {7°C) 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 Q°F (-i8°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) Hot storage. _
(A) Hot food storage units shawl be provided in such number.
and of such capacity to assure- the maintenance of potentially hazardous food
a't 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 ~°F (+1°C). The sensing element shall be
located to measure the air temperature in the coolest part of the unit. The
thermometer scale shall be located to be easily readable. Recording
thermometers accurate o ±3°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.
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(B) The internal temperature of potentially hazardous foods r'"""`
requiring hot .storage shall be 140°F (60°C) or ..above., except, during necessary
eriods
f
i
p
o
preparat
on. Potentially hazardous food to bey transported shall be
held at
°
a temperature of 140
F (60°C)=or above unless maintained in accordance
i
h
w
t
. he 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
i
h
e
l -
_
.
, w
t
ut
nsi
s which are
clean.:and have been sanitized.
(:B) Each time there is a change in processing between raw
beef, raw ark ra -
p w oultr o
a
P
d
r r
y w seafoo
, or a change in processing from raw
to ready-to-eat foods
each ne
e
ti
,
w op
ra
on shall begin with food-con
tac t
sur
faces and uter-sils which are Clean and have been saniti
ed
'
z
, Salad
s and.
' other ready-to-eat foods should be prepared in separate rooms or in areas that
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, are separated by a barrier or open space from areas used; for processing
potentially hazardous r
r
d
c
aw p
o
u
ts.
{G) Potentia'1ly hazardous foods tfiat are in a form to be'
consumed without further Cooking,such as salads, sandwiches,-and filled pastry
,products should be pre aired-from chill d`
P e roducts.
P
I~
i (2) Raw fruits and raw vegetables. .Raw fruits and raw vegetables
that will b
e cut ox combined-wi.th other ingredientsor will b'e otherwise
processed into food products by the retail food store wll'be thoroughly
~ cleaned. with potable water before. being used.
{3) Cooking potentially hazardous foods.
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(A) Potentially hazardous foods being processed within the
retail f
d
oo
store by cooking shall be cooked to .heat all parts of .the food to
a temperature. of at beast 140°F (60°C), except that;
{i) Poultry, poultry stuffings, stuffed meats, and
stuffings containing meat
shall b
ok
'
,
e co
ed to, heat all
arts of the
° ° P food to at
le
ast> 165 F {74 C) with no interruption of the cooking
rocess
p
,
{ii) Pork and pork products shall be cooked to heat ali
-
parts of; the food' to at least 150°F (66°C), or, if cooked in a microwave oven
a
°
,
to
t least l70
F (7.7°C).
{iii) When bee€ roasts"under I0 pounds (5 kilograms (kg))
in wei
ht are
k
d i
g
coo
e
n a still dry heat .oven, the-oven shall be preheated to
and-held at an air temperature of at leash 350°F {i77°C) throughout the
process; If Cooked in a convection oven, the oven shall-be preheated to 'and
h
Id -
e
at an air temperature of at 'least 325°F (163°C) .throughout .thee process.
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_ (B) When beef roasts of l0 pounds (5 kilog-rams (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 250°F (122°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
fol owing 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
of oC Minutes ~'F oC Minutes
130 54.4 121 138 58.9 I9
131 55.0 97 139 59,5 15 .
132 55.6 77 140 60.0 12
133 ` 56.1 62 141 60.6 IO
134 5.6.7 47 142 61.1 g
135 57.2 ~. 37 143 61.7 6
136 57,$ 32 144 62.2 5
137 58,4 24.
r -.
i
{D) Beef roasts, if cooked in a microwave oven, shall" be
cooked to an internal.temperature.of at least 145°F (63°C).
{4) Bakery product.. fillings.
(A) Custards, cream fillings, and similar products, .including
synthetic fillings, shall meet the temperature requirement in Subsection
(c)(2)(B) of this section following preparation 'and be maintained at that
temperature during storage, transpor anon, and display, Product`s- with
synthetic :fillings may be excluded from this requirement if:
(~i) the food, including the interface between the bakery
product and its filling, has a pH level of 4.5 or ,below or a water activity
{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 thin paragraph, may. be labeled to state that ~
refrigeration is note 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 hot food hnldi,ng units shall not be used 'for
the
,
reheating of potentaly hazardous foods. .
(6)' Food. product thermometers. `Metal stem-type numerically scaled
indicatin
ther
+
°
g
mometers, accurate to .
~2
F (±1°C) shall be provided and
used to
.
assure attainment and maintenance of proper tempera ures during preparation of
ll
a
potentially hazardous foods,
(7) Thawing potentially hazardous foods. Potentially hazardous
'
foods
. shall be thawed:
(A) in refrigerated units at a temperture not to exceed 45°F
(7°C);_
(B) under potable running water at a temperature of 70°F
f21°C) or below
with suffi
i
t
,
c
en
water velocity to agitate and float off loo e
.food particles into the `over flow and for a
eriod
ot t
c
p
. n
o ex
eed that_
reasonably required to thaw the food;
(G) in. a microwave oven' only when the food will be ,immediately.
'
transferred to conventional cooking units as part of a continuous caoking
process. or when the .entire; uninterrupted cooking. process takes place in the
i
m
crowave oven,- or
(D} as part. of the conventional cooking process.
(e) 'Food d'ispl-ay.
(1) Potentially hazardous foods. 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 (b0°C) or higher during. display, except that rare roast
beef which is offered for sale hot shall be held at a temperature of at least
°
130
F (55°C).
(2) Frozen food's. Foods intended for sale in a frozen state shall
be displayed at an air temperature of -0°F (-18°C) or below,. except- for defrost
cycles and brief periods of loading or unloading. Frozen foods should be
displayed below or behind product food lines according to cabinet
manufacturers' specifications.
(3) Food display,
1
10
I
~~
(A) Food on-display, other than whole, unprocessed raw. fruits
\ and unproces ed raw vegetables, shall be protected from contamination by being
.packaged-, by di play .cases,. by covered, containers for self-service, or by
similar protective equipment. A11 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 clo e 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 produc modules with access from the
top so that there is at least 30 inches (762 mm) between the access point and
the .floor;-or, if the product module access point is less than 30 inches {762
_mm) off the floor, providing access..from .the side or at an angle provided that
when the product module is 'open, the cover extends across the surface of the
product and provides overhead protection,
(4) -Dispensing utensils. To avoid unnecessary manual contact with
the food, suitable dispensing utensils and single-service articles shall b e
.used by em playees. 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 dev ices including gravity
dispensers, pumps,. extruders and augers;
{B) manual dispensing utensils including tongs, seoops, ladles
.and spatulas; and
(C) wrapping- or .sacking,
(b) If the dispensing devices and utensils listed in
Subparagraphs (A) and (B} of this paragraph. do, not preven 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 proCected against becoming contaminated and serving
as vehicles for introducing contamination into bulk food. Means considered
suitable include,. uut are not limited to:
/- .
~.: ~'
1.1
~~
(i) using a tether which is constructed ofeasily s
cleanable material, is of such length that the .utens-l cannot contact the
floor; and is designed to prevent interference: with the requirement fax' close ~,
fitting covers, or
(ii) storing the utensil in a sleeve or protective housing.
.
attached or adjacent to the display unit when na-t in use, or
(iii) utilizing a utensil designed so that the handle
cannot contact the product if left 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 from beingself-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 char e shall. ensure that suc a
. g h ctivities comply with the
applicable sanitation. rovisions of th
p ese 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. A11 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 ,_
to be overwrapped or covered if the immediate closed container's have not been
opened, torn, or broken., _
4229.233. 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 whine. affected with a boil, an infected
wound, or an acute respiratory infection:, shall work in a retail food store in
an ca acit in which
y p y 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 foodpreparation and
ware washing operations shall thoroughly. wash .their hands and the exposed
~
portions of their arms with soap or detergent` and warm water before s arting-
work; after smoking, eating, or using the toilet; before and after handling
raw meat, or raw poultry, or raw seafood; and as often as is necessary during
work to keep them clean, Employees shall keep their fingernails trimmed and
clean.
'~ _J
~. 1.2 _
~~._-~ ~ -
\.._., ~ _
(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) Em ployee 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 uteri§ils.
8229.234. Equipment and utensils.
(a) Materals.'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. conditions_of normal use. Single-service
articles shall be made from clean, sanitary, safe material Equipment,..
~`', utensils, and single-service articles. shall not impart odors, color, taste,
` nor contribute`to the contamination of food. Product modules and utensils
shall be constructed of safe materials; and shall be corrosion resistant,
nonabsorbent,. smooth,. easily cleanable and durable under conditions of normal
use.
(1) Solder. If solder is used, it shall be composed. of safe
materials and be .corrosion resistant,
(2) Wood. Hard maPle'or equivalent nonabsorbent .wood that meets
the general requirements set forth in this subsection may be used .for cutting
blocks, cutting boards,. and bakers' tables. Wood shall not be used as a food-
contact surface under other circumstances, except for contact with raw fruits,
raw vegetables,. and nuts in the shell..
(3) Plastics and rubber materials. Safe plastic or safe rubber or
safe. rubber-like materials that. are resistant under normal conditions of use
to scratching, scoring, decomposition, crazing, chipping, and distortion, that
are of sufficient- weight and thickness to permit cleaning and sanitizing by
normal ware washing methods, and which meet the general requirements set forth
in this subsection are permitted for repeated use,
(4) Cutting surfaces, Cutting surfaces subject to scratching. and
.scoring must be resurfaced so as to be easily cleaned, or be discarded when
these surfaces can, no longer be effectively cleaned and sanitized.
~~ (5) Single-service articles. Single-service articles shall not be
`~ reused ,
I3
~~~
{6) Single-use articles, Single-use articles shall not be reused. ~`~
(b) Design and fabrication. .
(1) General,- AlI equipment and utensils, including plastic-ware
.,
shall be designed and fabricated for durability under condiaions of normal use
.
and shall be resistant to denting, 'buckling, pitting, ,chipping, and crazing.
As a general principle,-the specifications for 'design and fabrication of
equipment should maintain uniformity with equipment design criteria' found in
food codes and national equipment standards,
(A) Food-contact surfaces shall be easily cleanable, smooth
,
and free of break open seam's, .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 sur
face onl
y if the surface is used
for cooking: Threads shal'1 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 desi
ned a
d
g
n
. constructed so
that the lubricant cannot leak., drip, or be forced into food-or onto food-
- contact surfaces. .Equipment designed to receive lubrication of bearings and
gears on or within .food-contact surfaces-shall be lubricated with materials
meeting the requirements of 21 CFR 178,3570, Code of Federal Regulations,
.Title 21, Parts 170 to 199. ,
(C) Sinks and drain boards shall be 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.
(Z) Accessibility. Unless designed. for in-place cleaning, food.-
contact surfaces :shall be accessible for cleaning and inspection:
(A) without being 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.nenr the
equipment.
(D) Individual produc modules shali'be designed to be easily
re v
mo able
from the di
s la unit
for
P y servicing unless the modules are so
desi ned.and ab .
g f ricated that they can be effectively cleaned (and sanitized
when necessary) through a manual in-place cleaning procedure that .will not
contaminate or
otherw'
ise adversely affect bulk food or e ui- ment in t
q P he
'
ad
oinin dis la a
J g p rea.
Y
I '~ i
CI
I4 ,
~i
t `:
~-= (3) Cleaned in place (CIP). Equipment designed and constructed for
CIP shall meet requirements equi~~alent to those contained in the Department's
Rules on Food Service Sanitation, G229.1b5(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 ±2°F (±l°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 all
display equipment not intended for food-,contact, but which are exposed to
splash.,. food debris or other soiling, shall be designed and fabricated to be
.smooth, cleanable, durable under conditions of normal use and free of
..unnecessary ledges,. projections or -crevices.
(C) Tethers shall be designed to be easily removable from the
~' products module for cleaning.
~, y
(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, sha1T be designed to prevent grease or condensation from collecting
on walls and ceilings, and from 'dripping into food or onto food-contact
surfaces. Filters or other.. grease extracting equipment shall be readily
removable for cleaning and replacement, if not designed to be cleaned in
place.,
(.7 ). Maintenance of equipment and utensils. A11 equipment and
utensils shall be maintained in good_repair to comply with the requirements of
this code.
(c) Equipment installation and location,
(1) General.. Equipment, including ice-makers and. ice storage
equipment,. shall not be located under exposed or unprotected sewer lines,
water lines that are leaking or on which condensed water has accumulated, open
stairwells, or other sources of contamination.
(2) Table-mounted equipment.
f_:,
`_.
1S
~?
~~,
(A) Table-mounted equipment shall be installed to facilitate
he cleaning of the equipment and the adjacent areas.
(B) Equipment Ghat mounted on tables or counters, .unless
portable, shall be sealed to the table or ~ounteror elevated on legs to
provide at least a four inch (102 mm) clearance between the:. tab le or counter,
except that if no par t. of the table under the equipmentis move 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 thane three
inches {76 mm) from cleaning access, ;the clearance space shall be two inches
(51 mm) or more.
(C) Equipment is portable within the meaning of subparagraph
(B) of this paragraph if:
(i) it is small and light enough to be moved easily by one
person;
(ii) it has no utility connection, has a unlit connection
Y
tha
to
isconnects
uickl
q y, or_ has a flexible _utility connection line of
sufficient .length to permit the equipment to be moved for .easy cleaning;;
(iii) it is table-mounted, such as powered mixers, grinders,`
slicers, tenderizers, and similar equipment, which does not exceed 80 pounds
(36 kilograms (_kg)), or which is equipped wi"th' a mechanical'-means of safely
,tilting the unit for cleaning.
'
~
(3) Floor-mounted equipment.
(A)- .Floor-mounted equipment., unless easily moveable, shall be;
(i) sealed to the floor; or
(ii) elevated ion 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 'fl`oor
~ and equipment if no part of the floor under the equipment is mare than six
inches (IS2 mm) from cleaning access.
i (iii.) Display shelving units, display refrigeration units,
and display freezer units are exempt from the provisions of clauses O and
(ii) of this subparagraph i'f they are installed so that the.. floor beneath the
~ units can be cleaned.
(B) Equipment is easily movable fc
(i) it is mounted. on >wheels or casters; and
(ii) it has no utility connection,.has a utility
connection that disconnects quickly, or has _a flexible utility line of
sufficient length to permit the equipment to be moved for easy cleaning.
~. .,
26
~' \ -
~~_~ (C) Unless sufficient space is provided fora easy cleaning
between, behind, and above each unit of fixed equipment,. the space between it
and adjoining equipment ^nits and adjacent walls~or ceilings shall be not more
than 1/32 ..inch (0.8 mm) and, if exposed to seepage, the space shall be sealed.
(4) Aisles .and working spaces. Aisles and working spaces between
units of equipment and between equipment and walls, shall be unobstructed and
of sufficient width to permit employees to perform their duties readily
without contamination of food or food-contact surfaces by clothing or personal
contact.. All easily movable storage equipment such as dollies; skids, racks,
and open-ended pallets shall be positioned to provide accessibility to working
areas,
~229.Z35, Cleaning, Sanitization; and Storage of Equipment and Utensils.
(a) Equipment and utensil cleaning and sanitization:
(1) Cleaning. frequency.
(A) Utensils and..food-contact surface of equipment shall be
cleaned and sanitized as follows:.
(si) each time where 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 oAerations during which time
contamination may have occurred; and
(iii) after final use .each working. day..
($) 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,partirie accumulation or soiling..
~C) Product modules, lids and other equipmen[ 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 potentia'Ily hazardous foods on a continuous-or production-line basis,
utensils and the food-contact surfaces of equipment shall be cleaned and
sanitized: at intervals throughout the day on 'a schedule based on food
temperature, type of food, and ..amount of .food particle accumulation.
(E) The food-contact surfaces of cooking devices and the
cavities and door seals of microwave ovens shall be cleaned at least once each
day of use, excep that .this shall not-apply to hot oil cooking equipment and
hot-.oil filtering systems. The food-contact surfaces of all baking equipment
and pans shall be kept free of encrusted grease deposits and other accumulated
!_ soil.
~__..
-/
'~
,.__ _._.
_ i _ ~ ,i
-,-_.
(F) Food-contact surfaces shall be cleaned and...santized \
immediately if contamination is observed or suspected,
(G) Nonfood.-contact surfaces o:f'equipment, including transport
vehicles, shall be cleaned as often as is necessary to keep the equipment free
of accumula ion of dust,..dirt, food par.tcles,:and other debris."
(2) .Wiping clo hs.
(A) Cloths or sponges used for wiping .food .spills on food-
contact surfaces of equipment shall be clean and rinsed frequently in one of
the sanitizing solutions .permitted. in paragraph (3)(G) of .this- subsection and
used for no other purpose., These .cloths and sponges shall. be stored in the
sanitizing" oluton bet.weenuses,
(B.) Cloths or ,sponges used for Ilea '
nzn _
non
food
surfaces of e g contact
ui m
q p ent shall be .clean..
and rinsed. as s ecifi
ed
p in sub. ara
p graph.
'(A) of this.. paragraph and -used for no other purpose. These cloths and sponges
shall. be stored in thesanitizing solution between uses.
(C) Single-service disposable towels 'are permitted.. in Iieu of
wiping cloths or sponges if they-are discarded after each use.
(3) Manual cleaning and sanitizing.
-
(A) Facilities and/orequipmentshall be available, either in
i a servicing area or in Lace to p p
P .provide for voter cleaning and sanitizing of
~ all food-contact: surfaces including product modules, lids. and dispensing
utensils.
(B) For manual cleaning .and .sanitizing of equipmen and
.utensils, .a sink .with 'two or three compartments shall be provided and used.
Sink compartments .shall be large enough to accommodate the immersion of most.
equipment and utensils., and each compartment of the sink shall be supplied
with hot and cold potable running water. Where immersion in sinks is
impracticable (e,g., because equipment is too large), equipment and< utensils
shall. be cleaned .and, sanitized manually or by pressure spray methods.
(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 utensilsfollowing sanitizing and shall be
located so asnot to interfere with proper use of the warewashing facilities.
I (D) Equipment and utensils shall be preflushed-or prescraped
'. and,. when necessary., presoaked to remove food particles and soil.
(E) The .sinks shall be cleaned before use,
(F) When: a three-compartment. sink is utilized for. warewashing,
the operation shall be.conducted inthe'following sequence:
~~
18
~'~ (i) equipment and utensils shall be thoroughly cleaned in
the first compartment faith a hot detergent solution that is kept clean and at
a concept=anon indicated on the manufacturer's label;
(ii) equipment and.. utensils shall-be rinsed free of
detergent and abrasives with clean water. in the.- second compartment; and
(iii) :equipment and utensils shall be sanitized in the third
compartment according to one of the methods included in subparagraph (H) of
this paragraph,
(G) When a two-compartmenC sink is utilized for warewashing, a
three step sanitizaton 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
hypochlorite and having a temperature of at least 75°F (24°C);
~ (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 cheap solution
containing,.200 parts per million, of 'a quaternary ammonium compound and having
a temperature of at least 75°F (24°C). The quaternary ammonium .compound used
shall have been compounded by Che manufacturer to assure effectiveness in
waters up to .500 pared per million hardness at use concentration; .
(v) Immersion in a clean solution containing any other
chemical sanitizing agent allowed under 21 CFR 178.1010, Code of Federal
Regulations, Title 21, Parts 170 to 199, that will- provide the equivalent
bactericidal effect of a solution containing at least 50 parts per .million of
available chlorine as a. hypochlorite at a temperature o.f at east 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 ofdequipment 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 equipment too large. to sanitize by immersion.
19
~ ~_
'
~
(I) Whenhot water is used for sanitizing, the following
equipment shall be provided a
d
d
n
use
:
(i) an 'integral heating device or fixture installed i
n,
on, or under the sanitizing compartment of the sink capable of maintaining the
water at
a -temperature of at- beast :'.170°F (77°C);,
(ii) a numerically scaled indicating thermometer, accurate
to ±3°F (+1°C) c
ni
onve
ent to the sink for frequent checks of water
temperature; and
(iii) utensil racks or baskets
of s
uch size
an
d de
ermit si n o
come g
P fete
p immersion.. of u
tensil
s and
equipment in the. hot
water.
(J) When. chemicals are used for sanitization, they shall not
have concentrations hi
her th
h
g
an t
e maximum-permitted- under Z1 CFR 178.1010,
Code of Federal Regulations
Title Zl
P
t
1
o
, ,
,
ar
s
70 t
other device that measures the arts 199, and a test kit or
p per million concentration of the sol
tio
u
n
shall be provded.and_used,
(4) Mechanical cleaning and sanitizing,
~A) Facilities and/or equipment shall be available
either in
a
icin
,
serv
g area or in place, to provide for proper cleaning. and sanitizing of
alI food-contact surfaces including
d
c
pro
u
t modules, lids and dispensing
utensils.
~.
(B) Mechanical cleaning and sanitizing equipment and practices
shall conform to the
i
i
prov
s
ons contained in the. De ar m '
p ent s
Se Rules on o d
rvic 'r F o
e a
S ni_
anon
5229
168 (a} (4)
f
.,
.
o
this title (relating to -Cleaning,
Sanitation and Storage of Equipment and Utensils). -
(5 )` Drying. Unless used immediately after sanitzation all
e
ui
q
pment and u-tensils shall be air dried, Towel drying steal not be
permitted,
(6) Retail food stores withoutequipment and utensil `cleaning-
facili ies. Retail fo
d s
s
o
tore
that do not have facilities for proper
cleaning. and sanitizing of utensils and
i
equ
pment shall not prepare or package
food or dispense -potentially hazardous food or un
acka
d f
p
ge
ood other. than.: raw
fruits and raw vegetables,
(b) Equipment and utensil handling and storage..
(1),Handling, Cleaned and sanitized equipment and utensils shall'
be handfed in a wa
th
y
at protects them_frocn contamination.
(2) Storage.
- 20
~~ , (A) Cleaned and sanitized utensils .and equipment shall be
stored at .least six inches-(.1.52 mm) above the floor in a clean, dry location
in-a way, that protects. them from. splash,` dust, and other means of
contamination. The food-contact surfaces of fixed equipment shall also be
protected from contamination. Equipment and utensils shall not be placed
under exposed or unprotected sewer lines, or water lines that are leaking or
on which condensed. water :has accumulated.
(B) U ensls shah 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 's ix inches (l52 mm} above the floor or on easily
movable dollies, skids, racks; or open-ended pallets. Such storage shall
protect the articles from contamination and shall not be located under exposed
or unprotected sewer lines, or water lines that are leaking or on which
condensed water-has accumulated.
(B) Single=service articles shall. be handled. in a manner that
prevents contamination of surfaces that may come in contact with food,
~- .
(G) .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 ar.aides shall not be stored in locker rooms., toilet rooms or their
vestibules, 'garbage-roams, or mechanical rooms.
§229.236. Sanitary Facilities and'Controls.
(a) Water supply. ...
(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 snore 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 systems shall be:constructed; maintained, and operated according to Iaw.
(3) Water under pressure. Water under pressure at the required
temperatures shall ~be provided. to a1I fixtures and equipment that use water.
21
~ (~
(4). Steam. Steam used in contact with food. or food-contact `"`
surfaces shall be free from-any materials or'addtives other< han those
specified in 21 CFR 173.310, Code of Federal Regulations, .Title 21, Parts 170
to 199.
(b) Sewage - General. All sewage, including liquid waste, shall be
disposed of by a public sewerage system or"by''-a ewage disposal'system
constructed, maintained, and operated according to law. Nonwater carried:
sewage disposal facilities are prohibited; axcept as permitted by the.
regulatory authority.
(c) Plumbing.
(1) General. Plumbing shall be sized, installed., and maintained
according to law. -There shall be no cross-connection between the potable
water supply and any other system containing:
(A) water- of unknown or 'questionable origin, or
(B). contaminating. or:polluting substances.
(2) Nonpotable water system. A nonpotable water system is.
permitted 'for a.ir 'conditioning, equipment cooling, and fire protection,.. and
shall be installed accord"ing to law.' Nonpotab.ie water shall not directly or
indirectly contact food or equipment-or utensil that contact food, The
piping of any nonpotable water ystem shall be durably identified so that it ~
is readily distinguishable from i in that carries
P P g .potable water. ~
(3) Backflow. The potable water system shall be installed to
preclude the possibility of backflow. Devices steal be installed to protect
against backflow ana 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 traps. "Grease traps, if used,' shall be located to be
easily accessible for .cleaning.
E5) Garbage grinders. Garbage grinders, .if used; shall be
installed and maintained. according to law.
(6) Drains:. Except for properly trapped open sinks, .there. shall be
no direct connection between the sewerage .system-.and any drains originating
from equipment in which food, portable equipment, or utensils are placed.
.When. a warewashing :machine is located within five feet (152 `centimeters (cm))
of a trapped floor drain, the warewasher. waste outlet may be connected
directly on the inlet side of a properly vented. floor drain trap if permitted
by law:
(d) Toilet facilities.
~
\
22
,:
~-% (1) Toilet. installation. Toilet facilities shall be installed
according to Iaw, shall be at least one and not less than the number required
by law, shall be conveniently located, and shall .be accessible to employees at
all times.
(2) Toilet. design, Toilets and urinals shall be designed to be
easily cleanable,
(3) Toilet roars. Toilet rooms shall be completely enclosed -a_nd
shall have tight=fitting, self=closing solid doors, except for screened
louvers that may, be necessary for ventilation systems.
(4) Toilet facility maintenance. Toilet .facilities, including
toilet fixtures. and any related vestibules, -shall. be kept clean and in good
repair. A supply of toilet tissue. shall be provided at each toilet at all
times... Easily cleanable recep'tacTes shall be provided. for waste materials.
Toilet rooms. used by_women shall have at least one covered waste receptacle.
(e) Handwashing -fac.ili.ties.
(1) Handwashing facility installation.. Handwashing facilities
sha1T 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. Handwashing
facilities shall be.. accessible to. employees at all times. Handwashing
,~" facilities snail also be located in or immediately adjacent to toilet rooms or
their vestibules. Sinks .used `for food preparation or for warewashing shall
not be used for washing of hands or for any other purpose.
(2) Handwashing facility faucets. Each handwashing facility shall
be provided with hot and cold -water tempered by means of a_mixng valve or
combination-faucet, Any self-closing, or metering faucet used shall be
designed to provide. a flow of water for at .least 15 seconds without the need
to reactivate the. faucet: Steam. mixing valves are prohibited at handwashing
facilities...
(3} Handwashing supplies, A supply of hand-cleansing. soapc~r
detergent shall be available at each handwashing facility. A supply of
sanitary towels or a hand-drying device providing heated air shall be
conveniently located near each handwashing facility, Common owels are
prohibited. If disposable towels are used,, easily cleanable waste receptacles
'+ shall be conveniently- located near the handwashing facilities.
(4) Handwashing facility maintenance, Handwashing facilities, soap
or detergent dispenser hand-drying devices, and all related facilities shall
be kept clean.. and in good repair.
~ _ ,,
23
,. , -
~~
(5) Handwashing 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 handwashing'fac ities'
1'ocated in employee restroom(s}, provided than. access to employee restrooms
does not allow customers ihto unauthorized areas such as the .meat maxket
,
bakery, and delicatessen; Accessibility may be required by State"or-local
authority.
(6) Waste receptacle(s). When sanitary paper towels or disposable
towelettes are provided, easily cleanable waste re'ceptacle(s) shall be
conveniently provided in .the display area.
(f) Garbage anal refuse.
(1) Containers.
('A) Garbage and refuse shall_be held in durabYe, easily
cleanable, insect-resistant,. and rodent-resistant containers that do-not leak
and da'.not'absorb liquids. Plastic bags. and wet strength paper bags may be
used to line .these containers. Such bags ..and durable'plastc garbage and
refuse..containersmay be used for storage inside the retail food.. store.:
(B) Containers used in food preparation and utensil washing
areas shall be. kept covered during nonworking hours-and after they are filled.
(C) Containers stored outside the establishment, including
.
dumpsters, compactors, and compactor systems, shall be easily cleanable, shall
be provided with tight-fitting lids, doors, or covers, and shall be kept
covered.. when not in actual-use. In containersdesigned 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 shawl be thoroughly
cleaned on the inside and outside in a way that does not contamnate'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 €rom`compactng 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. Outsidestorage of
nonrodent-resistant plastic containers, unprotected' 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.
(B) -Garbage or refuse storage rooms, if used, shall be
constructed of easily cleanable, nonabsorbent, washable materials, shall be
kept clean,-shail'be insect and. rodent resistant, and ..shall be large enough to
store all the garbage and refuse containers necessitated by disposal pick-up
frequency,
tC) Outside storage areas or enclosures, if used, shall be
kept clean and shall be large enough to store all the garbage and refuse
containers necessitated by disposal.pick-up frequency. Garbage and refuse
containers, dumpsters, and compactor systems located outside, shall be stored
on or above a mooth:surface of nonabsorbent material, such as concrete or
machine-laid asphalt, that is kept clean and maintained in good. repair.
(3) Disposal.
(A) Garbage and refuse shall be disposed of often enough to
'prevent the development of objectionable odors and the attraction of insects
and .rodents:
(B) Where garbage or refuse is burned on the premises, it
shall be done by'controlled incineration in accordance with law. Areas around
incineration units shall be`kept clean and orderly.
{g) Insect-and rodent control.
' C1) General. .`Effective measures shall be utilized to minimize the
~`-- entry, presence, and propagation 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 again t the :entry of rodents. Outside openings shall be protected
against the entry of"insects by tight-fitting, self-closing. doors; closed
windows; screening; control ed'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 t~ight-
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.
Ea) Floors.
(1) Floor construction. .
~„°",
.
(A) Except as'specified in paragraph (2) of-this subsection,
floors and
floor
c
i ~ ,;.
.
;
over
ngs of all food preparation, food storage, and
warewashing areas, and. the-floor
of
ll
-
s.
a
walk
in refrigerators, dressing
rooms, locker rooms, toilet rooms and vestibu es
shall b
t
,
e cons
ructed of
smooth durable material such as sealed concrete,'terrazzo, quarry tile
,
ceramic tile, durable grades of vinyl asbestos or plastic tile, or tight-
fittin
o
d im
g w
o
pregnated with plastic, and shall be maintained in<good repair.
Nothing in
this
s
t
,
.
ec,
on;shall prohibit the use of-anti=slip floor-covering in
areas where
ne
cess
r
fo
.
.
a
y
r .safety reasons. __
-(B) Floors which are water flushed or .which receive discharges
of water or other fluid
r
'
wastes or a
e in
.areas where pressure spray methods
for cleaning,'are used, shall be provided with
properly installed tra ed
drains, Such floors shall be constructed only of sealed co
c
e
e
t
n
r
t
,
errazzo,
quarry tile, ceramic tile,. or similar materials and shall be graded to drain,
(C) Ih all establishments utilizing concrete, terrazzo, quarry
tile, ceramic LiLe, or sim.ilar.
floorin
m
t
ri
ls
.
g
a
e
a
or where water flush-
cleaning methods are used; the junctures between walls and flo
h
`
or.
s s
all be
coved.
and sealed, In alI other cases, the juncture between walls. and floors,
shall :be coved s
a
'
a
s 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 closel
woven c
s
r
y
on
t
uction, properly instal ed easily cleanable, and
maintained in good re
i
. !~~
'
pa
r
Carpeting shall not be use-d in food preparation
.and warewashing areas
in food '
t
r \`
,
s
o
age areas,. or in toilet room areas. where
:urinals or fixtures are located, -
(3) Prohibited floor coverin
Sa d
g w ust wo
od s
hav '
2n
s r
an
ular
g ,
salt bak d g
e
cla
diatoms
y
ce
~
,
ous ea
. rth, or similar materials shall not be .used
as
floor coverings, however, these material
s m
b
i
a
y
e used
n amounts necessa
for immedia a spot`ckean-up of spills or.drippage on floors. rY
(4) Mats '.and Buckboards. Mats and d
uckboards sha
1
1
b
e of
nonabsorben
t
, grease resistant materials,_and of_such size design, and
constructon.to. facilitate cleanin
a
d
hal
g
n
s
l be maintained in good repair.;
(5) Utility line installation, Exposed utility service lines and
pipes shall be in
stalk
d i
w
-
e
n a .
ay that does. not obstruct or prevent cleaning
of the floor. Utility service lines and pipes in
t
ll
d
s
a
e
through. the floor
shall be effectively sealed so as not to
e
pr
sent an open space. In al,l new. or
~~ extensively remodeled establishments
installation of
d
,
expose
horizontal
utility service lines and pipes on the floor is prohibited.
(b) Walls-..and ceilings.
~I (1) Maintenance. Walls and ce.ilings,' including doors, windows,.
skylights
and simil
,
ar closures, shall be maintained in good repair.
'i
~_~
2b
__ _ _ _ __
,,.
(2) Construction. The walls, wall coverings, and ceilings of walk-
. in refrigeration units, food preparation areas; ware washing areas, and. toilet
rooms and theix vestibules shall be smooth, nonabsorbent, and easily
cleanable. Concrete or pumice blocks and bricks used. for interior wall
construction in these locations shall be finished-and sealed to provide a
smooth easily cleanable surface.
(3) Exposed construction. Studs, joists, and rafters shall not be
exposed in those.. a=eas listed in paragraph (2) of this subsection.. If exposed
in other rooms or areas they shall be finished to provide a cleanable surface.
(4) Utility line installation, Utility service lines and pipes
shall not be unnecessarily exposed on walls or ceilings in those areas listed
in paragraph (2)-of this subsection. Exposed utility service lines and pipes
shall be installed in a way that does not obstruct or prevent cleaning of the
walls and ceilings. Utility service lines and pipes installed through walls
and ceilings shall be effectively sealed so as not to present an open. space.
(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) Gleaning physical facilities. '
,- ,
(i) General. -Cleaning of :floors, walls, and ceilings shall be done
as often as necessary, but preferably during periods when the least amount of
food is exposed, such as after :closing. Only dustless methods of cleaning
floors, walls; and ceilings shall be used, such as vacuum cleaning, wet
cleaning., treated dust mops, or the use of dust-arresting sweeping compounds
-with brooms, Floor mats,_duckboards, walls, ceilings, and attachments
(e.g., light fixtures, vent covers, wall mounted :fans; and similar equipment),
.:and decorative materials (e.g,, signs and advertising materials) shall be kept
clean.
(2) Service sinks. At least one service sink or curbed cleaning
facility with a 'floor drain .shall be provided and used. for the cleaning of
mops or similar wet floor cleaning tools and for the disposal of mop water or
similar liquid wastes. Hand washing or ware washing facilities, or food
preparation sinks `shall not be used for this purpose,
(d) Lighting.
(1) General.
(A) Permanently fixed artificial light sources. shall be
installed to provide at least 50 foot candles of light on all food preparation
surfaces and at warewashing work levels.
27
1 4]4
1.,..+~
(B) Permanently fixed artificial light sources shall be '
installed to provide, at "a distance of 30 in'ehes (752 mm) from he 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 candles of light in walk-in
refrigeration units, dry food storage areas,; and in' all o-ther 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 exfending beyond the bulb, leaving only
the face of the bulb .exposed.
(e) ` Ventiaation.
(1) General... .All rooms shall have sufficient ventilation to keep.
them free of excessive heat,.-steam, condensation, vapors, obnoxious odors,
smoke, and fumes. Ventilation systems steall 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 thee. entrance. of dust, dirt,. and other contaminating materials.
(f) - Dressing rooms and Tacker areas.
(l) Dressing rooms and areas. If employees routinely change '
clothes.within the establishment, rooms or areas shall be designated-and used
for that purpose. These designated.rooms or areas shall not be used for food
preparation,. food storage,, food display, warewashing, or storage of`utensls
and equipment..
(2) Locker areas. Lockers or other suitable facilities shall be
provided and .used. for the orderly `storage of employee.clothingandother
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 sanitzation of equipment and utensils, and the control of
insects and rodents,_shall be present in retail food stores, except those
'items being stored or displayed for .retail sa a as described in paragraph (S)
of this subsection.
`~~ ,.
28
(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
containers' of bulk cleaning agents. shall be individually labeled for easy
identification of contents,
(3) Storage of materials. Poisonous or toxic materials necessary
for the maintenance of the establishment consist of the following two
categories:
(A) Ir-secticides and rodenticides;
(B) Detergents; sanitizers, related cleaning or drying. agents,.
and caustics, acids, polishes, and other chemicals.
(C) Ma terials'in subparagraphs (A) and (B) of this paragraph
shall be stored and located to, be physically separated from each other; shall
be stored in cabinets or in similar physically separated compartments or
facilities used for no .other purpose;. and,- to preclude potential contamination
shall not be stored above or intermingled with food, food equipment, utensils,
or single-service articles, except that this latter requirement does not
prohibit the convenient availability of detergenE sanitizers, or sanitizers at
warewashing facilities.
(4) Use of materials.
%.,
~, .,
(A) Santizers, cleaning compounds, or other compounds
intended for use. on food-contact surfaces shall not be used in a way that
..leaves a toxic residue on such surfaces; nor in a way that constitutes a
hazard to employees o`r. other persons.
(B) Poisonous or toxic materials shall not be used in a way
that contaminates food; equipment, or utensils; nor in a way-other than in
full com pliance with the manufacturer's labeling.
(S) Storage and .display of materials for retail sale. Poisonous or
toxic materials stored or displayed for retail sale shalt be separated, from
food and single-service articles by spacing, partitioning, or dividers. These
materials:sha l not be stored or displayed above.food or single-service
.articles. -
(6) First-aid suppl ies and personal med ications, Retail food store
.,employee. first-aid supplies and personal medications sE~all be stored in a way
that prevents them from contaminating food andfood-contact surfaces.
(h) Premises.
(1) General.
29
r l/
-.. ., R
. . ~
.. ~ }
~~ '
(A) Retail food stores and all parts of the property used: in ~
connectionwith operations.of the establishment shall be reasonably free of
litter and articles not essential`to the .operation or maintenance of the
establishment.
(8) The walking'aiid driving s-urfaces of all exterior areas of
retail food stores. shall be.surfaced with concrete, asphalt, or with gravel or
similar material effectively reated to facilitate maintenance and minimize
dust. The e surfaces shall be graded. to:facilita.te drainage. -
(2)` Living areas. No operation of a re tail: food store shall be
conducted. in anq room. used as .living or sleeping quar ers. Retail food store
operations shall be
separated from any living or sleeping quarters by complete
.
partitioning and aolid, self-closing doors.
(3) Laundry facilities.
EA) ,If provided, laundry facilities.in a retail food store
shall be restricted to the washing and drying of Tinens 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 rovided for la nd
u r
fac '
P ilities
• y ,
I
exce t
that such
o er
P ations ma 'be 'conducted 'n
P y i storage room scontainin onl
II
g y
'i packaged foods o.r packaged. sing le-service articles.
(4) Linens .and work clothes storage.
(A) Clean work clothes and linens, including articles such as
wiping cloths; .shall be shored in a clean place, and'protected'from
contamination until used.
(B)Soiled work clothes and linens, including,artcles such as
wiping cloths,- shall be kept in nonabsorbent containers or washable .laundry
bags ,until removed for laundering and' shall' be s ored to prevent contamination
of food, foodequipment ad utensils.
(5) Cleaning equipment storage. Maintenance and cleaning tools
such as brboms,'mops, vacuum cleaners, an3 similar equipment shall. be
maintained in .good repair and stored in a way that does-not contaminate food,
utensils, equipment, or linen's.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'3'u'Sion does not apply to
edible fish:, crustatea, shellfish, or .:fish in aquariums.
(i) Live or dead fish bait shall be stored separately
from food orfoodproducts.
L .~
30
_ __
t ~ - -
' (ii) Patrol dogs accompanying security or police officers
~`~ shad be permitted in offices, storage; areas, and outside store premises.
Sentry dogs may be permitted 'to run loose in outside fenced areas forsecurity
reasons. Guide dogs accompanying blind- persons shall be permitted. in sales
areas,.
(B) While on duty, persons empl;oye'd in the food preparation
areas of an establishment shall not. care for or handle any pets, or
patrol/sentry digs..
_ _. .
4229.238. Compliance Procedures. '
(a) Inspections;
(1) Access. Agents of tfie regulatory authority, after proper
identification, shall be permtted'to enter any. re tail 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 supplies
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 tie recorded on the inspection report
•form referred to in subsection (C) of this section, A copy ~f the inspection
report form shall .be fur.nished.to the owner or. person in charge at the
completion 'of the inspection and constitutes a written notice... The inspection
\ re°port' form shall summarize the requ_ireme:nts of these rules, and shall set
forth a weighted point: value for each requirement. The rating score of the
estabiishmen~tshall be the total of the weighted point value for all
violations, subtracted from 100.. The completed inspection report form is a
public document that shall be made available for public disclosure to any
person who requests it according to law..
(3) Correction of violaaions. 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, uch as complete •lack
of sanitizatior., refrigera ion, an extended loss of water supply, an .extended
power outage, or sewage backup into the establishment, the establishment shall
immediately cease affected retail food s ore 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) A_11 1- or 2- poinC weighted items shall be corrected as
soon as possible, but in any event., by the time of the next routine
r inspection-
'._
31 .
r ~.
-_~
..,.
(D) When 'rating score of the establishment is less than 60
the establishment shall i
i
i
e
,
n
t
at
corrective action on all identified
violations-within 48 hours
One
o
. .
or m
re reinspections shall be conducted at
'reasonable' time intervals to
as
r
.
su
e correction.
C4) Examination. and condemnation af.food.
may examine and collect
sam
le
r
o
,
p
s of food as often as
necessaryafor
rthe
enforcement of these rules, The regulatory authori
ty shall, upon written
notice to the 'owner or person in_charge specifying the reas
nd
d
u
er
on therefor; place
etention any food which it has probable ca
s
u
e to believe is adulterated
or misbranded in accordance with
the
o
i
.
pr
v
sions of Section b, and paragraph
(2) of Section 21, Atticle'447b-5
Texas Civil
a
,
St
tutes, The Texas Food, Drug,
and 'Cosmetic Act.
(5) Procedure when infection is suspected. When
the regulatory
authority has reasonable
,
cause to suspect the possibility of disease
transmission from any retail food st
ore employee, it may secure a morbidity
.history of the suspected employee or
ke
ma
any other investigation. as may be
indicated and'shalI take appropriate actio
T
n.
he regulatory authority may
require any or all of the following mea
ur
s
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 opinion of the r ,'""`°
egulatory. authority, no further danger of
disease outbreak exists; \`°-l
(G) restriction of the employee's services to some area of the
establishment where there
would b
.
e no danger of transmitting disease;
~(D) ad:equate medical, and laboratory examination of the.
employee, o`f other emplo
ees
nd
y
., a
of the body discharges of such employees.,
(b) Enforcement.
(1) Penalties, Any person (or responsible agent of that person)
who operates a retail
food
.
store, and who violates any of the provisions of
these rules or who creates'a public health ha
d
'
zar
correct
because of a failure to
the violations stated in subparagraphs (A)
h
o
t
r
ugh (C) of this`
paragraph is subject to prosecutcion under the
i
i
'
prov
s
on
of Article 447b-S,
Texas .Civil S atutes,;:The Texas
Food
'Dru
;
d Co
.
,
g
an
smetic Act.
(A) A11 4- or 5- point viol.atior-s within the time specified by
the regulatory authority..
(B) Violations of these rules within a specified time when the
re tail :food store ratin
sco
fa
g
re
lls below b0.
(C): Repeated violations of the same provisions of these rules.'
\, .-
3 2 1,
!,
. ,.
f ;~
(2) Injunctidns. Ttte regulatory authority may seek to enjoin
violators of these rubs under the provisions of Article 4476-5, Texas. Civil
Statu es, 'The Texas Food-, brut and Cosmictic Act. .
(c) Inspection report form. The Department adopts by reference the
Depar ment Form ent-itled, "Retail .Food Stnre Inspection Report", described in
subsection (a) (2) of thi section and available. .in the Department's Food and
Drug Division Office, 1100~West 49th Street, Austin, Texas, 78756.
4229.239. Enactment Provisions.
(a) Exceptions.
f1) Building facilities and equipment. Building facilities and
equipment in use before he effective date of these rules and which do not
meet ful y all of the design and fabricatron 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 buildng.facilites 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
` ~ - 4229.231 (b) of thus 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:
~-
., „~ -
RESOLIITION NO. R86-190
A RESOLUTION OF ,THE-MAYOR AND CITY COUNCIL OF THE:GITY'OF
PLAINVIEW TEXAS REJECTING ALL BIDS`FOR A LAW LIBRARY.
WHEREAS, the City has duly advertised and tabulated bids for a
Law Library: and
WHEREAS, a copy of said bide tabulation is attached and hereby
made a permanent part of this Resolution; and
', WHEREAS, City Legal. Staff may continue to`utlize the private
libraries of local law firms allowing apiece-meal purchase of a smaller
library.
a o a d the Ct Council
NOW THEREFORE BE IT RESOLVED b the- M r n
Y Y Y
of the City.. of Plainview, Texas that all bids for a City Law Library
are hereby rejected.
PASSED AND APPROVED this the-9thda of December 1986.
Y
E . V . RIDLEHUBER, Mayor - /-,~",
- ~ ,~
ATTEST:
SHERYL OWEN, C1ty:Secretary
~f..;