HomeMy WebLinkAbout1989-1810 - Ordinance - 05/25/1989ORDINANCE NO. 1810
AN ORDINANCE AMENDING CHAPTER 7, OF THE CODE OR ORDINANCES OF THE
CITY OF COLLEGE STATION, TEXAS, RELATING TO HEALTH AND SANITA-
TION, BY CREATING A SECTION 8, RETAIL FOOD STORE SANITATION, AND
PROVIDING FOR AN EFFECTIVE DATE.
I.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STA-
TION, TEXAS, that Chapter 7 of the Code of Ordinances of the City
of College Station is hereby amended by adding a new section, to
be numbered Section 8, which said section shall read as follows:
"SECTION 8: RETAIL FOOD STORE SANITATION.
A. GENERAL PROVISIONS
1. Purpose. These rules shall be liberally construed and
applied to promote the underlying purpose of protecting the
public health.
2. Definition. The following words and terms when used in
these sections, shall have the following meanings unless the
context clearly indicates otherwise:
(a) Bulk food - unpackaged or unwrapped, processed or
unprocessed food in aggregate containers from which
quantities desired by the consumer are withdrawn. For
the purpose of this interpretation, the term does not
include fresh fruits, fresh vegetables, nuts in the
shell, salad bars and potentially hazardous foods.
(b) Corrosion -resistant materials - those materials
that maintain acceptable sanitary surface character-
istics under prolonged influence of the food to be con-
tacted, the normal use of cleaning compounds and sani-
tizing solutions, and other conditions of the use envi-
ronment.
(c) Display area - a location or locations, including
physical facilities and equipment, where bulk food, and
other products, are offered for customer self-service.
(d) Easily cleanable - that surfaces are readily
accessible and made of such material and finish and so
fabricated that residue be effectively removed by nor-
mal cleaning methods.
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(e) Employee - the permit holder, individual having
supervisory or management duties, person on the pay-
roll, family member, volunteer, person performing work
under contractual agreement, or any other person
working in a food store.
(f) 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 operation of a retail
food store. This item does not include fork lift
trucks or dollies.
(g) Farmers Market - an establishment or location used
by producers and vendors primarily for the distribution
and sale of raw and custom shelled agricultural pro-
ducts directly to consumers and wholesalers. The sale
of other food products at such market shall not dis-
qualify it as a farmers market provided that such food
products meet all applicable federal, state, and local
health laws regulating the manufacture and sale of non-
food products not regulated by the Texas Department of
Health shall not disqualify it as a farmers market.
(h) Food - any raw, cooked, or processed edible sub-
stance, ice, beverage or ingredient used or intended
for use or for sale in whole or in part for human con-
sumption.
(i) Food -contact surfaces - those surfaces of equip-
ment 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.
(j) Food service establishment - any place where food
is prepared and intended for individual portion ser-
vice, and includes the site at which individual por-
tions 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 for individual family consumption,
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retail food stores, the location of food vending ma-
chines, and supply vehicles.
(k) Hermetically sealed container - a container which
is designed and intended to be secure against the entry
of microorganisms and to maintain the commercial ste-
rility of its contents after processing.
(1) Law - applicable Federal, State, and local stat-
utes, ordinances, and regulations.
(m) Packaged - bottled, canned, cartoned, bagged, or
securely wrapped.
(n) Permit - the document issued by the regulatory
authority which authorizes a person to operate a retail
food store.
(o) Person - any individual, partnership, corporation,
association, or other legal entity.
(p) Person in charge - the individual present in a re-
tail food store who is the supervisor of the retail
food store at the time of inspection. If no individual
is the apparent supervisor, then any employee present
is the person in charge.
(q) Potentially hazardous food - any food that con-
sists 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 microor-
ganisms. The term does not include: clean, whole, un-
cracked, 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.
(r) Product module - a food -contact container (mul-
ti -use or single -service) designed for customer
self-service of bulk food by either direct or indirect
means.
n05634
(s) Regulatory authority - the State and/or local en-
forcement authority or authorities having responsi-
bility for enforcing these rules. For the purpose of
this ordinance the regulatory authority will be the
Brazos County Health Department.
(t) 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 pre-
packaged, nonpotentially hazardous foods; roadside mar-
kets that offer only fresh fruits and fresh vegetables
for sale; food store 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.
(u) Safe materials - articles manufactured from or
composed of materials that may not reasonably be ex-
pected to result, directly or indirectly, in their be-
coming a component or otherwise affecting the charac-
teristics 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 Publi-
cation No. (FDA) 80-1051, as used they are "safe" only
if they are used in conformity with regulations estab-
lished pursuant to Section 201 (s) or (t) of the Fede-
ral Food, Drug, and Cosmetic Act amended May 1980, De-
partment of Health and Human Services Publication No.
(FDA) 80-1051, and are used in conformity with all
applicable regulations of the Food and Drug Adminis
tration.
(v) Sanitization - effective bactericidal treatment as
defined in the Procedures for the Bacteriological Exam-
ination of Food Utensils and/or Food Equipment Sur-
faces, Technical Information Bulletin No. 1, 1967, Pub-
lic Health Service Publication No. 1631, 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.
(w) Sealed - free of cracks or other openings that
permit the entry or passage of moisture.
n05635
B. FOOD
1.
(x) Servicing area - a designated location or loca-
tions equipped for cleaning, sanitizing, drying or re-
filling product modules or for preparing bulk food.
(y) 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 10 cans, aluminum pie pans, bread wrappers and
similar articles into which food has been packaged by
the manufacturer.
(z) 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.
(aa) Utensil - any food -contact implement used in the
storage, preparation, transportation, or dispensing of
food.
(bb) Warewashing - the cleaning and sanitizing of
food -contact surfaces of equipment and utensils.
Food supplies.
(a) General. Food shall be in sound condition and
safe for human consumption. Food shall be obtained
from sources that comply with the applicable laws re-
lating 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:
(1) The manufacturer's or processor's bulk con-
tainer labeling plainly in view; or
(2) A counter card, sign or other appropriate de-
vice 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.
(b) Special requirements.
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n()5")36
(1) Fluid milk and fluid milk products used or
offered for 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 pro-
ducer 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 +silk pro-
ducts used or offered for sale shall be made from pas-
teurized milk and milk products. Raw milk cheeses, not
requiring pasteurization, produced in accordance with
the Code of Federal Regulations, 21 CPR Part 133, shall
be exempt from the provisions of this subsection.
(2) 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 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.
(3) Each original container of unshucked shell-
fish (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 quanitity of shellfish and the certification
number issued by the State of foreign shellfish control
agency, where applicable.
(4) 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.
(5) 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, 5229.181-229.184 of this title
(relating to the Registration of Manufacturers of
Foods).
2. Food Protection
(a) General.
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(1) At all times, including while being stored,
prepared, displayed, dispensed, packaged, or trans-
ported, food shall be protected from cross -contami-
nation between foods and from potential contamination
by insects, insecticides, rodents, rodenticides,
probe -type price or probe -type identification tags, un-
clean equipment and utensils, unnecessary handling,
flooding, draining, and overhead
leakage or condensation, foreign matter, or other
agents of public health significance. The temperature
of potentially hazardous foods shall be 45°F (7°C) or
below or 140OF (60°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 that are spoiled or
that are in damaged containers that may affect the pro-
duct and those food items that have been returned to,
or are being detained by, the retail food store because
of spoilage, container damage, or other public health
considerations, shall be segregated and held in desig-
nated areas pending proper disposition unless disposed
of under the supervision of the regulatory authority.
(2) Bulk foods and product modules shall be pro-
tected from contamination during display, customer
self-service, refilling and storage.
(3) Containers of bulk pet foods and bulk nonfood
items shall be separated from other foods by a barrier
or open space from product modules.
(4) Bulk food returned to the store by the cus-
tomer shall not be offered for resale.
(5) Only containers provided by the store in the
display area shall be filled with bulk foods.
(b) 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 sig-
nificant occurrence that creates a reasonable proba-
bility 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.
3. Food storage.
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nG5538
(a) General.
(1) Food packaged in an immediate closed con-
tainer, once the container is opened in the retail food
store prior to uses or retail sale, shall be kept
covered. Food, whether raw or prepared, if removed
from the immediate closed container in which it was
originally packaged prior to use or retail sale, shall
be stored in a clean, covered container, except during
necessary periods of preparation. Whole and unpro-
cessed fresh raw vegetables and fresh raw fruits shall
be exempted from this requirement. Container covers
shall be impervious and nonabsorbent. During periods
of storage, subprimal cuts of meat shall be covered
with single -service wrapping material. Primal cuts,
quarters or sides of meat, or processed meats such as
country hams, slab bacon, and smoked or cured sausages,
may be hung uncovered on clean, sanitized hooks or
placed on clean, sanitized metal racks in such a manner
as to preclude contamination of any food products in
storage.
(2) Containers of food shall be stored a minimum
of six inches (152 millimeters (mm)) above the floor or
stored on dollies, skids, racks, or open-ended pallets,
provided such equipment is easily movable either by
hand or with the use of a pallet -moving equipment that
is on the premises and used. Such storage areas shall
be kept clean. Cased food packaged in cans, glass, or
other waterproof containers need not be elevated when
the case of food is not exposed to floor moisture and
the storage area is kept clean.
(3) Food and containers of food shall not be
stored under exposed or unprotected sewer lines, or
water lines that are leaking or on which condensed
water has accumulated.
(4) Packaged foods shall not be stored in contact
with water or undrained ice.
(5) A food ingredient, such as flour, sugar,
salt, baking powder, cooking oil or vinegar, that is
not stored in the original package and is not readily
identifiable on sight, shall be stored in a container
identifying it by common name.
(6) 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.
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(7) Toilet rooms and their vestibules, and gar-
bage or mechanical rooms shall not be used for the
storage of food.
(b) Refrigerated/frozen storage.
(1) 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 stor-
age. 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 thermo-
meters:
(2) Potentially hazardous food requiring refrig-
eration after preparation shall be rapidly cooled to an
internal temperature of 450F (70C) or below. Poten-
tially hazardous foods of large volume or prepared in
large quantities shall be rapidly cooled utilizing such
methods as shallow pans, agitation, quick chilling, or
water circulation external to the food container so
that the cooling period shall not exceed four hours.
Potentially hazardous food to be transported shall be
pre -chilled and held at a temperature of 450F (7°C) or
below unless maintained in accordance with the hot
storage requirements of these rules.
(3) 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.
(4) Ice used as a cooling medium for food storage
shall not be used or sold for human consumption.
(c) Hot storage.
(1) Hot food storage units shall be provided in
such number and of such capacity to assure the mainte-
nance 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 +30F (+1°C). The sensing element shall be
9
nC.D0
r / 1 O
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located to measure the air temperature in the coolest
part of the unit. The sensing element shall be located
to be easily readable. Recording thermometers accurate
to +3°F (+1'C) may be used in lieu of indicating ther-
mometers. Where it is impractical to install thermo-
meters on equipment such as heat lamps, calrod units,
or insulated food transport carriers, a food product
thermometer shall be available and used to check inter-
nal food temperature.
(2) The internal temperature of potentially ha-
zardous foods requiring hot storage shall be 140OF
(60°C) or above, except during necessary periods of
preparation. Potentially hazardous food to be trans-
ported shall be held at a temperature of 140OF (609C)
or above unless maintained in accordance with the
refrigerated storage requirements of these rules.
4. Food preparation.
(a) General.
(1) 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.
(2) Each time there is a change in processing
between raw beef, raw pork, raw poultry or raw seafood,
or a change in processing from raw to ready -to -eat
foods, each new operation shall begin with food -contact
surfaces and utensils which are clean and have been
sanitized. Salads and other ready -to -eat foods should
be prepared in separate rooms or in areas that are
separated by a barrier or open space from areas used
for processing potentially hazardous raw products.
(3) 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.
(b) 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.
(c) Cooking potentially hazardous foods.
(1) 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
10
P-015541
least 140°F (600C), except that:
(i) Poultry, poultry stuffings, stuffed
meats, and stuffings containing meat, shall be cooked
to heat all parts of the food to at least 165°F (74°C)
with no interruption of the cooking process.
(ii) Pork and pork products shall be cooked
to heat all parts of the food to at least 150°F (660C),
or, if cooked in a microwave oven, to at least 170°F
(77°C).
(iii) When beef roasts under 10 pounds (5
kilograms (kg)) in weight are cooked in a still dry
heat oven, the oven shall be preheated to and held at
an air temperature of at least 350°F (177°C) throughout
the process. If cooked in a convection oven, the oven
shall be preheated to and held at an air temperature of
a least 325°F (163°C) throughout the process.
(2) 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 tem-
perature of at least 250°F (122°C) throughout the pro-
cess.
(3) Further, in order to meet public health re-
quirements for the processes cited in Subparagraphs (1)
through (2) of this paragraph, the following table
lists the minimum internal temperature of the beef
roasts for the minimum time the roast needs to be held
at such temperature.
Minimum Holding Times for Beef Roasts
at various Internal Temperatures
Minimum
Minimum
Minimum
Minimum
internal
holding
internal
holding
temperature
time
temperature
time
OF °C
Minutes
130
54.4
121
131
55.0
97
132
55.6
77
133
56.1
62
134
56.7
47
135
57.2
37
136
57.8
32
137
58.4
24
11
OF °C
Minutes
138
58.9
19
139
59.5
15
140
60.0
12
141
60.6
10
142
61.1
8
143
61.7
6
144
62.2
5
�,C 5A2
(4) Beef roasts, if cooked in a microwave oven,
shall be cooked to an internal temperature of at least
145°F (63°C).
(d) Bakery product fillings.
(1) Custards, cream fillings, and similar pro-
ducts, including synthetic fillings, shall meet the
temperature requirement in Subsection 3(b)(2) of this
section following preparation and be maintained at that
temperature during storage, transportation, and dis-
play. Products with synthetic fillings may be excluded
from this requirement if:
(i) the food, including the interface be-
tween the bakery product and its fillings, 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 patho-
genic 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 patho-
genic microorganisms.
(2) Bakery products with synthetic fillings,
which meet the criteria in Subparagraph (1) of this
paragraph, may be labeled to state that refrigeration
is not required.
(e) Reheating. Potentially hazardous foods that have
been cooked and then refrigerated shall be reheated
rapidly to an internal temperature of 1650F (74°C) or
higher before being placed in hot food storage holding
units. Food warmers and other hot food holding units
shall not be used for the reheating of potentially
hazardous foods.
(f) Food product thermometers. Metal stem -type numer-
ically scaled indicating thermometers, accurate to +2°F
(+1'C) shall be provided and used to assure attainment
and maintenance of proper temperature during prepara-
tion of all potentially hazardous foods.
(g) Thawing potentially hazardous foods. Potentially
hazardous foods shall be thawed:
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r05on3
(1) in refrigerated units at a temperature not to
exceed 450F (70C);
(2) under potable running water at a temperature
of 70OF (21°C) or below, with sufficient water velocity
to agitate and float off loose food particles into the
overflow and for a period not to exceed that reasonably
required to thaw the food;
(3) in a microwave oven only when the food will
be immediately transferred to conventional cooking
units as part of a continuous cooking process or when
the entire, uninterrupted cooking process takes place
in the microwave oven; or
(4) as part of the conventional cooking process.
5. Food display.
(a) Potentially hazardous foods. Potentially hazard-
ous foods shall be held at an internal temperature of
450F (7°C) or below or at an internal temperature of
140OF (60°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 130OF (550C).
(b) Frozen foods. Foods intended for sale in a frozen
state shall be displayed at an air temperature of 0'F
(-189C) or below, except for defrost cycles and brief
periods of loading or unloading. Frozen foods should
be displayed below or behind product food lines ac-
cording to cabinet manufacturers' specifications.
(c) Food display.
(1) Food on display, other than whole, unpro-
cessed raw fruits and unprocessed raw vegetables, shall
be protected from contamination by being packaged, by
display cases, by covered containers for self-service,
or by similar protective equipment. All food shall be
displayed above 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 potenti-
ally hazardous food at the required temperature during
display. Potentially hazardous food shall not be pro-
vided for consumer self-service except in salad bar
operations intended for individual portion service.
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o05o44
(2) Bulk foods shall be dispensed only from pro-
duct 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.
(3) Customers access to bulk food in product
modules shall be limited and controlled to avoid the
introduction of contaminants. Means considered suit-
able 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 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 pro-
duct and provides overhead protection.
(d) 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 pro-
vided suitable dispensing utensils. Manual contact of
bulk foods by the customer during dispensing shall be
avoided. Methods considered suitable are:
(1) mechanical dispensing devices including grav-
ity dispensers, pumps, extruders and augers;
(2) manual dispensing utensils including tongs,
scoops, ladles and spatulas; and
(3) wrapping or sacking.
(4) If the dispensing devices and utensils listed
in Subparagraphs (1) and (2) of this paragraph do not
prevent manual customer contact with certain bulk
foods, then these foods must be wrapped or sacked prior
to display.
(5) Manual dispensing utensils listed in Subpara-
graph (2) of this paragraph shall be protected against
becoming contaminated and serving as vehicles for
introducing contamination into bulk food. Means consi-
dered suitable include, but are not limited to:
(i) using a tether which is constructed of
easily cleanable material, is of such length that the
utensil cannot contact the floor, and is designed to
prevent interference with the requirement for close
fitting covers, or
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nn56n5
(ii) storing the utensil in a sleeve or pro-
tective housing attached or adjacent to the display
unit when not in use, or
(iii) utilizing a utensil designed so that the
handle cannot contact the product if left in
the product module.
(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 modules. Handles shall not prevent lids from
being self -closing.
(v) Storing the utensil in running potable
water.
(e) 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.
6. 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 imme-
diate closed containers do not need to be overwrapped or
covered if the immediate closed containers have not been
opened, torn, or broken.
C. Personnel.
1. Employee health. No employee, while infected with a di-
sease in a communicable form that can be transmitted by
foods or who is a carrier of organisms that cause such a di-
sease 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 contamiating food or food -contact surfaces with
pathogenic organisms or transmitting disease to other per-
sons.
2. Personal cleanliness. Employees engaged in food prepa-
ration and warewashing operations shall thoroughly wash
their hands and the exposed portions of their arms with soap
or detergent and warm water before starting work; after
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nrH56)46
smoking, eating, or using the toilet; before and after
handling raw meat, or raw poultry, or raw seafood; and as
often is necessary during work to keep them clean. Emloyees
shall keep their fingernails trimmed and clean.
3. Clothing.
(a) Employees shall wear clean outer clothing.
(b) Employees shall use effective hair restraints
where necessary to prevent the contamination of food or
food -contact surfaces.
4. Employee practices.
(a) Employees shall maintain a high degree of personal
cleanliness and shall conform to good hygienic prac-
tices during all working periods.
(b) 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 contami-
nation of food, equipment, or utensils.
D. Equipment and utensils.
1. 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 conditions of normal use. Single -service ar-
ticles shall be made from clean, sanitary, safe materials.
Equipment, utensils, and single -service articles shall not
impart odors, color, taste, nor contribute to the contami-
nation of food. Product modules and utensils shall be con-
structed of safe materials; and shall be corrosion resis-
tant, nonabsorbent, smooth, easily cleanable and durable
under conditions of normal use.
(a) Solder. If solder is used, it shall be composed
of safe materials and be corrosion resistant.
(b) 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,
16
n05647
except for contact with raw fruits, raw vegetables, and
nuts in the shell.
(c) Plastics and rubber materials. Safe plastic or
safe rubber or safe rubber -like materials that are re-
sistant under normal conditions of use to scratching,
scoring, decomposition, crazing, chipping, and distor-
tion, that are of sufficient weight and thickness to
permit cleaning and sanitizing by normal warewashing
methods, and which meet the general requirements set
forth in this subsection are permitted for repeated
use.
(d) 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.
(e) Single -service articles. Single -service articles
shall not be reused.
(f) Single -use articles. Single -use articles shall
not be reused.
2. Design and fabrication.
(a) 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.
(1) Food -contact surfaces shall be easily clean-
able, 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 equip-
ment, or hot oil filtering systems, such threads shall
be minimized.
17
r^5648
(2) Equipment containing bearings and gears
requiring lubricants not made of safe materials shall
be designed and constructed so that the lubricant can-
not 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 mate-
rials meeting the requirements of 21 CFR 178.3570, Code
of Federal Regulations, Title 21, Parts 170 to 199.
(3) Sinks and drain boards shall be sloped to
drain and be self -draining.
(4) Product modules, lids, dispensing units and
utensils shall be designed and fabricated to meet the
requirements for food -contact surfaces.
(b) Accessibility. Unless designed for in -place
cleaning, food -contact surfaces shall be accessible for
cleaning and inspection:
(1) without being disassembled;
(2) by disassembling without the use of tools; or
(3) by easy disassembling with the use of only
simple tools, such as mallets, screwdrivers, or
open-end wrenches which are kept near the equipment.
(4) Individual product modules shall be designed
to be easily removable from the display unit for ser-
vicing unless the modules are so designed and fabri-
cated that they can be effectively cleaned (and sani-
tized when necessary) through a manual in -place
cleaning procedure that will not contaminate or other-
wise adversely affect bulk food or equipment in the
adjoining display area.
(c) Cleaned in place (CIP). Equipment designed and
constructed for CIP shall meet requirements equivalent
to those contained in the Department's Rules on Food
Service Sanitation, g229.165(b) (3) of this title
(relating to Equipment and Utensils).
(d) Food product thermometers. Indicating thermo-
meters required for immersion into food or cooking
media shall be of metal stem -type construction, numeri-
cally scaled, and accurate to +2°F (+19C).
(e) Nonfood -contact surfaces.
(1) Surfaces of equipment not intended for con-
tact with food, but which are exposed to splash or
18
n05649
food debris or which otherwise require frequent
cleaning, shall be designed and fabricated to be
smooth, washable, free of unnecessary ledges, projec-
tions, or crevices, and readily accessible for
cleaning, and shall be of such material and in such re-
pair as to be easily maintained in a clean and sanitary
condition.
(2) Surfaces of product module display units,
tethers, and all display equipment not intended for
food -contact, but which are exposeed to splash, food
debris or other soiling, shall be designed and fabri-
cated to be smooth, cleanable, durable under conditions
of normal use and free of unnecessary ledges, projec-
tions or crevices.
(3) Tethers shall be designed to be easily remov-
able from the products module for cleaning.
(4) The materials for nonfood -contact surfaces
shall be nonabsorbent or made nonabsorbent by being
finished and sealed with a cleanable coating.
(f) Ventilation hoods. Ventilation hoods and devices,
where installed, shall be designed to prevent grease or
condensation from collecting on walls and ceilings, and
from dripping into food or onto food -contact surfaces.
Filters or other grease extracting equipment shall be
readily removable for cleaning and replacement, if not
designed to be cleaned in place.
(g) Maintenance of equipment and utensils. All equip-
ment and utensils shall be maintained in good repair to
comply with the requirements of this code.
3. Equipment installation and location.
(a) 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.
(b) Table -mounted equipment.
(1) Table -mounted equipment shall be installed to
facilitate the cleaning of the equipment and the adja-
cent areas.
(2) Equipment that is mounted on tables or
counters, unless portable, shall be sealed to the table
or counter or elevated on legs to provide at least a
19
nC5650
four inch (102 mm) clearance between the table or
counter, except that if no part of the table under the
equipment is more thatn 18 inches (457 mm) from
cleaning access, the clearance space shall be three
inches (76 mm) or more; or if no part of the table
under the equipment is more than three inches (76 mm)
from cleaning access, the clearance space shall be two
inches (51 mm) or more.
(3) Equipment is portable within the meaning of
subparagraph (2) of this paragraph if:
(i) it is small and light enough to be moved
easily by one person;
(ii) it has no utility connection, has a
utility connection that disconnects quickly, or has a
flexible utility connection line of sufficient length
to permit the equipment to be moved for easy cleaning;
(iii) it is table -mounted, such as powered
mixers, grinders, slicers, tenderizers, and similar
equipment, which does not exceed 80 pounds (36 kilo-
grams (kg)), or which is equipped with a mechanical
means of safely tilting the unit for cleaning.
(c) Floor -mounted equipment.
(1) Floor -mounted equipment, unless easily move-
able, 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 part of the floor under
the equipment is more than six inches (152 mm) from
cleaning access.
(iii) Display shelving units, display refrig-
eration units, and display freezer units are exempt
from the provisions of clauses (i) and (ii) of this
subparagraph if they are installed so that the floor
beneath the units can be cleaned.
(2) Equipment is easily movable if:
(i) it is mounted on wheels or casters; and
(ii) it has no utility connection, has a
utility connection that disconnects quickly, or has a
flexible utility line of sufficient length to permit
the equipment to be moved for easy cleaning.
(3) Unless sufficient space is provided for easy
cleaning between, behind, and above each unit of fixed
equipment, the space between it and adjoining equipment
20
n05651
E.
units and adjacent walls or
than 1/32 inch (0.8 mm) and,
space shall be sealed.
ceilings shall be not more
if exposed to seepage, the
(d) 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.
Sanitizatii
1. Equipment and utensil cleaning and sanitization.
(a) Cleaning frequency.
(1) Utensils and food -contact surfaces of equip-
ment shall be cleaned and sanitized as follows:
(i) each time there is a change in pro-
cessing between raw beef, raw pork, raw poultry or raw
seafood, or a change in processing from raw to
ready -to -eat foods;
(ii) after any interruption of operations
during which time contamination may have occurred; and
(iii) after final use each working day.
(2) Tongs, scoops, ladles, spatulas, other appro-
priate utensils and tethers used by customers shall be
cleaned and sanitized at least daily or at more fre-
quent intervals based on the type of food and amount of
food particle accumulation or soiling.
(3) 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.
(4) Where equipment and utensils are used for the
preparation of potentially hazardous foods on a contin-
uous 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.
21
nn 5052
(5) The food -contact surfaces of cooking devices
and the cavities and door seals of microwave ovens
shall be cleaned at least once each day of use, except
that this shall not apply to hot oil cooking equipment
and hot oil filtering systems. The food -contact sur-
faces of all baking equipment and pans shall be kept
free of encrusted grease deposits and other accumulated
soil.
(6) Food -contact surfaces shall be cleaned and
sanitized immediately if contamination is observed or
suspected.
(7) Nonfood -contact surfaces of equipment, in-
cluding transport vehicles, shall be cleaned as often
as is necessary to keep the equipment free of accumu-
lation of dust, dirt, food particles, and other debris.
(b) Wiping cloths.
(1) 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 solu-
tions permitted in paragraph (c)(7) of this subsection
and used for no other purpose. These cloths and
sponges shall be stored in the sanitizing solution
between uses.
(2) Cloths or sponges used for cleaning non-
food -contact surfaces of equipment shall be clean and
rinsed as specified in subparagraph (1) of this para-
graph and used for no other purpose. These cloths and
sponges shall be stored in the sanitizing solution
between uses.
(3) Single -service disposable towels are per-
mitted in lieu of wiping cloths or sponges if they are
discarded after each use.
(c) Manual cleaning and sanitizing.
(1) Facilities and/or equipment shall be avail-
able, either in a servicing area or in place, to pro-
vide for proper cleaning and sanitizing of all
food -contact surfaces including product modules, lids
and dispensing utensils.
(2) For manual cleaning and sanitizing of equip-
ment and utensils, a sink with two or three compart-
ments shall be provided and used. Sink compartments
shall be large enough to accommodate the immersion of
most equipment and utensils, and each compartment of
22
n()5053
the sink shall be supplied with hot and cold potable
running water. Where immersion in sinks is impacti-
cable (e.g., because equipment is too large), equipment
and utensils shall be cleaned and sanitized manually or
by pressure spray methods.
(3) Drain boards or easily moveable utensil
tables of adequate size shall be provided for proper
storage and handling of soiled utensils prior to
cleaning and for cleaned utensils following sanitizing
and shall be located so as not to interfere with proper
use of the warewashing facilities.
(4) Equipment and utensils shall be preflushed or
prescraped and, when necessary, presoaked to remove
food particles and soil.
(5) The sinks shall be cleaned before use.
(6) When a three -compartment sink is utilized for
warewashing, the operation shall be conducted in the
following sequence:
(i) equipment and utensils shall be thor-
oughly cleaned in the first compartment with a hot de-
tergent solution that is kept clean and at a concen-
tration indicated on the manufacturer's label;
(Li) 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 sani-
tized in the third compartment according to one of the
methods included in subparagraph 8 of this paragraph.
(7) When a two -compartment sink is utilized for
warewashing, a three step sanitization sequence must be
followed which is acceptable to the regulatory author-
ity.
(8) The food -contact surfaces of all equipment
and utensils shall be sanitized by one of the following
methods:
(L) 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 hypoclorite 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 (240C);
23
nr5 54
(iv) immersion for at least 1 minute in a
clean solution containing 200 parts per million of a
quaternary ammonium compound and having a temperature
of at least 750F (24'C). The quaternary ammonium com-
pound used shall have been compounded by the manufac-
turer to assure effectiveness in waters up to
500 parts per million hardness at use concentration;
(v) immersion in a clean solution con-
taining any other chemical sanitizing agent allowed
under 21 CFR 178.1010, Code of Federal Regulations,
Title 21, Parts 170 to 199, that will provide the
equivalent bactericidal effect of a solution containing
at least 50 parts per million of available chlorine as
a hypochlorite at a temperature of at least 75OF (240C)
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 210 Parts
170 to 199, in the case of equipment too large to sani-
tize 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 solu-
tion under clauses (ii), (iii), and (v) of this subpa-
ragraph in the case of equipment too large to sanitize
by immersion.
(9) When hot water is used for sanitizing, the
following equipment shall be provided and used:
(i) an integral heating device or fixture
installed in, on, or under the sanitizing compartment
of the sink capable of maintaining the water at a
temperature of at least 170OF (770C);
(ii) a numerically scaled indicating thermo-
meter, accurate to +3°F (+1°C) convenient to the sink
for frequent checks of water temperature; and
(iii) utensil racks or baskets of such size
and design to permit complete immersion of utensils and
equipment in the hot water.
(10) When chemicals are used for sanitization,
they shall not have concentrations higher than the
maximum permitted under 21 CFR 178.1010, Code of
Federal Regulations, Title 21, Parts 170 to 199, and a
test kit or other device that measures the parts per
million concentration of the solution shall be provided
and used.
24
r,05 6 55
2.
(d) Mechanical cleaning and sanitizing.
(1) Facilities and/or equipment shall be avail-
able, either in a servicing area or in place, to pro-
vide for proper cleaning and sanitizing of all
food -contact surfaces including product modules, lids
and dispensing utensils.
(2) Mechanical cleaning and sanitizing equipment
and practices shall conform to the provisions contained
in the Department's Rules on food Service Sanitation,
5229.166 (a) (4) of this title (relating to Cleaning,
Sanitation and Storage of Equipment and Utensils).
(e) Drying. Unless used immediately after saniti-
zation all equipment and utensils shall be air dried.
Towel drying shall not be permitted.
(f) Retail food stores without equipment and utensil
cleaning facilities. Retail food stores that do not
have facilities for proper cleaning and sanitizing of
utensils and equipment shall not prepare or package
food or dispense potentially hazardous food or un-
packaged food other than raw fruits and raw vegetables.
Equipment and utensil handling and storage.
(a) Handling. Cleaned and sanitized equipment and
utensils shall be handled in a way that protects them
from contamination.
(b) Storage.
(1) 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 contami-
nation. The food -contact surfaces of fixed equipment
shall also be protected from contamination. Equipment
and utensils shall not be placed under exposed or un-
protected sewer lines, or water lines that are leaking
or on which condensed water has accumulated.
(2) Utensils shall be air dried before being
stored or shall be stored in a self -draining position.
(3) Stored utensils shall be covered or inverted
wherever practical.
25
r'056 56
(c) Single -service articles.
(1) 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.
(2) Single -service articles shall be handled in a
manner that prevents contamination of surfaces that may
come in contact with food.
(3) Take-home containers (bags, cups, lids, etc.)
provided in the display area for customer use shall be
stored and dispensed in a sanitary manner.
(d) Prohibited storage areas. Food equipment, uten-
sils, or single -service articles shall not be stored in
locker rooms, toilet rooms or their vestibules, garbage
rooms, or mechanical rooms.
F. Sanitary Facilities and Controls.
1. Water supply.
(a) 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.
(b) 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 systems shall be constructed, maintained, and
operated according to law.
(c) Water under pressure. Water under pressure at the
required temperatures shall be provided to all fixtures
and equipment that use water.
(d) Steam. Steam used in contact with food or
food -contact surfaces shall be free from any materials
or additives other than those specified in 21 CPR
173.310, Code of Federal Regulations, Title 21, Parts
170 to 199.
26
r05" 57
2. Sewage - General. All sewage, including liquid waste,
shall be disposed of by a public sewage system or by a sew-
age disposal system constructed, maintained, and operated
according to law. Nonwater carried sewage disposal facili-
ties are prohibited, except as permitted by the regulatory
authority.
3. Plumbing.
(a) 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:
(1) water of unknown or questionable origin, or
(2) contaminating or polluting substances.
(b) Nonpotable water system. A nonpotable water
system is permitted for air conditioning, equipment
cooling, and fire protection, and shall be installed
according to law. Nonpotable water shall not directly
or indirectly contact food or equipment or utensils
that contact food. The piping of any nonpotable water
system shall be durably identified so that it is
readily distinguishable from piping that carries
potable water.
(c) Backflow. The potable water system shall be
installed to preclude the possibility of backflow.
Devices shall be installed to protect against backflow
and backsiphonage at all fixtures and equipment where
an air gap at least twice the diameter of the water
system inlet is not provided between the water supply
inlet and the fixture's flood level rim. No hose shall
be attached to a faucet that is not equipped with a
backflow prevention device.
(d) Grease traps. Grease traps, if used, shall be
located to be easily accessible for cleaning.
(e) Garbage grinders. Garbage grinders, if used,
shall be installed and maintained according to law.
(f) Drains. Except for properly trapped open sinks,
there shall be no direct connection between the se-
werage system and any drains originating from equipment
in which food, portable equipment, or utensils are
placed. When a warewashing machine is located within
27
005G58
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.
4. Toilet facilities.
(a) Toilet installation. Toilet facilities shall be
installed according to law, shall be at least one and
not less than the number required by law, shall be con-
veniently located, and shall be accessible to employees
at all times.
(b) Toilet design. Toilets and urinals shall be de-
signed to be easily cleanable.
(c) Toilet rooms. Toilet rooms shall be completely
enclosed and shall have tight -fitting, self -closing
solid doors, except for screened louvers that may be
necessary for ventilation systems.
(d) 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 receptable.
5. Handwashing facilities.
(a) 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 warewashing
areas. Handwashing 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 pre-
paration or for warewashing shall not be used for
washing of hands or for any other purpose.
(b) Handwashing facility faucets. Each handwashing
facility shall be provided with hot and cold water tem-
pered by means of a mixing valve or combination fau-
cet. Any self -closing, or metering faucet used shall
be designed to provide a flow of water for at least
28
nn5b59
15 seconds without the need to reactivate the faucet.
Steam mixing valves are prohibited at handwashing fa-
cilities.
(c) 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 con-
veniently located near each handwashing facility. Com-
mon towels are prohibited. If disposable towels are
used, easily cleanable waste receptacles shall be con-
veniently located near the handwashing facilities.
(d) Handwashing facility maintenance. Handwashing
facilities, soap or detergent dispensers, hand -drying
devices, and all related facilities shall be kept clean
and in good repair.
(e) Handwashing available at bulk food display area.
When handwashing facilities are not available at the
bulk food display area, customers, upon request, are
permitted access to handwashing facilities located in
employee restroom(s), provided that access to employee
restrooms does not allow customers into unauthorized
areas such as the meat market, bakery, and delica-
tessen. Accessibility may be required by State or
local authority.
(f) 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.
6. Garbage and refuse.
(a) Containers.
(1) Garbage and refuse shall be held in durable,
easily cleanable, insect -resistant, and rodent -resis-
tant containers that do not leak and do not absorb li-
quids. Plastic bags and wet strength paper bags may be
used to line these containers. Such bags and durable
plastic garbage and refuse containers may be used for
storage inside the retail food store.
(2) Containers used in food preparation and uten-
sil washing areas shall be kept covered during non-
working hours and after they are filled.
29
n05660
(3) Containers stored outside the establishment,
including dumpsters, compactors, and compactor systems,
shall be easily cleanable, shall be provided with
tight -fitting lids, doors, or covers, and shall be kept
covered when not in actual use. In containers designed
with drains, drain plugs shall be in place at all
times, except during cleaning.
(4) There shall be a sufficient number of con-
tainers to hold all the garbage and refuse that accumu-
lates.
(5) Soiled containers shall be cleaned at a fre-
quency 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 equip-
ment, 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.
(b) Storage.
(1) 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, unprotected plastic bags, wet
strength paper bags, or baled units which contain gar-
bage or refuse is prohibited. Cardboard or other
packaging material not containing garbage or food
wastes need not be stored in covered containers.
(2) Garbage or refuse storage rooms, if used,
shall be constructed of easily cleanable, nonabsorbent,
washable materials, shall be kept clean, shall be in-
sect and rodent resistant, and shall be large enough to
store all the garbage and refuse containers neces-
sitated by disposal pick-up frequency.
(3) 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 con-
tainers, dumpsters, and compactor systems located out-
side, shall be stored on or above a smooth surface of
nonabsorbent material, such as concrete or machine -laid
asphalt, that is kept clean and maintained in good re-
pair.
M
005661
(c) Disposal.
(1) Garbage and refuse shall be disposed of often
enough to prevent the development of objectionable
odors and the attraction of insects and rodents.
(2) 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.
7. Insect and rodent control.
(a) General. Effective measures shall be utilized to
minimize the entry, presence, and propagation of ro-
dents, flies, cockroaches, or other insects. The
premises shall be maintained in a condition that pre-
vents the harboraae or feeding of insects or
(b) 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.
G. Construction and Maintenance of Physical Facilities.
1. Floors.
(a) Floor construction.
(1) Except as specified in paragraph (2) of this
subsection, floors and floor coverings of all food pre-
paration, food storage, and warewashing areas, and the
floors of all walk-in refrigerators, dressing rooms,
locker rooms, toilet rooms and vestibules, shall be
constructed of smooth durable material such as sealed
concrete, terrazzo, quarry tile, ceramic tile, durable
grades of vinyl asbestos or plastic tile, or tight -fit-
ting wood impregnated with plastic, and shall be main-
tained in good repair. Nothing in this section
shall prohibit the use of anti -slip floor covering in
areas where necessary for safety reasons.
31
nnr�62
(2) Floors which are water flushed or which re-
ceive 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.
(3) In all establishments utilizing concrete,
terrazzo, quarry tile, ceramic tile, or similar
flooring materials or where water flush cleaning
methods are used, the junctures between walls and
floors shall be coved and sealed. In all other cases,
the juncture between walls and floors shall be coved so
as not to present an open seam of more than 1/32 inch
(0.8 mm).
(b) Floor carpeting. Carpeting, if used as a floor
covering, shall be of closely woven construction, pro-
perly installed, easily cleanable, and maintained in
good repair. Carpeting shall not be used in food pre-
paration and warewashing areas, in food storage areas,
or in toilet room areas where urinals or fixtures are
located.
(c) 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.
(d) Mats and duckboards. Mats and duckboards shall be
of nonabsorbent, grease resistant materials, and of
such size, design, and construction to facilitate
cleaning and shall be maintained in good repair.
(e) Utility line installation. Exposed utility ser-
vice 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.
32
nc.5663
2. Walls and ceilings.
(a) Maintenance. Walls and ceilings, including doors,
windows, skylights, and similar closures, shall be
maintained in good repair.
(b) Construction. The walls, wall coverings, and
ceilings of walk-in refrigeration units, food prepa-
ration areas, warewashing areas, and toilet rooms and
their vestibules shall be smooth, nonabsorbent, and
easily cleanable. Concrete or pumice blocks and bricks
used for interior wall construction in these locations
shall be finished and sealed to provide a smooth easily
cleanable surface.
(c) Exposed construction. Studs, joists, and rafters
shall not be exposed in those areas listed in paragraph
(b) of this subsection. If exposed in other rooms or
areas they shall be finished to provide a cleanable
surface.
(d) Utility line installation. Utility service lines
and pipes shall not be unnecessarily exposed on walls
or ceilings in those areas listed in paragraph (b) of
this subsection. Exposed utility service lines and
pipes shall be installed in a way that does not ob-
struct 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.
(e) Attachments. Light fixtures, vent covers, wall
mounted fans, decorative materials, and similar attach-
ments to walls and ceilings shall be easily cleanable
and shall be maintained in good repair.
(f) Covering material installation. Wall and ceiling
covering materials shall be attached and sealed in a
manner to be easily cleanable.
3. Cleaning physical facilities.
(a) 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 ex-
posed, such as after closing. Only dustless methods of
cleaning floors, walls, and ceilings shall be used,
such as vacuum cleaning, wet cleaning, treated dust
33
n05E')64
mops, or the use of dust -arresting sweeping compounds
with 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,
(b) Service sinks. At least one service sink or
curbed cleaning facility with a floor drain shall be
provided and used for the cleaning of mops or similar
wet floor cleaning tools and for the disposal of mop
water or similar liquid wastes. Handwashing or ware -
washing facilities, or food preparation sinks shall not
be used for this purpose.
4. Lighting.
(a) General.
(1) Permanently fixed artificial light sources
shall be installed to provide at least 50 foot candles
of light on all food preparation surfaces and at ware -
washing work levels.
(2) Permanently fixed artificial light sources
shall be installed to provide, at a distance of 30
inches (762 mm) from the floor:
(i) at least 30 foot candles of light in
sales areas, utensil and equipment storage areas, and
in handwashing and toilet areas; and
(ii) at least 20 foot candles of light in
walk-in refrigeration units, dry food storage areas,
and in all other areas.
(b) Protective shielding.
(1) 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.
(2) Infrared or other heat lamps shall be pro-
tected against breakage by a shield surrounding and ex-
tending beyond the bulb, leaving only the face of the
bulb exposed.
34
nr,5665
5. Ventilation.
(a) General. All rooms shall have sufficient venti-
lation to keep them free of excessive heat, steam, con-
densation, 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 mate-
rials.
6. Dressing rooms and locker rooms.
(a) Dressing rooms and areas. If employees routinely
change clothes within the establishment, rooms or areas
shall be designated and used for that purpose. These
designated rooms or areas shall not be used for food
preparation, food storage, food display, warewashing,
or storage of utensils and equipment.
(b) Locker areas. Lockers or other suitable facil-
ities shall be provided and used for the orderly sto-
rage of employee clothing and other belongings.
Lockers or other suitable facilities may only be lo-
cated in the designated dressing rooms or areas or, in
food storage rooms or areas containing only completely
packaged food or packaged single -service articles.
7. Poisonous or toxic materials.
(a) Materials permitted. Only those poisonous or
toxic materials necessary and intended for the mainte-
nance of the establishment, including the cleaning and
sanitization of equipment and utensils, and the control
of insects and rodents, shall be present in retail food
stores, except those items being stored or displayed
for retail sale as described in paragraph (f) of this
subsection.
(b) Labeling of materials. Containers of poisonous or
toxic materials necessary for operational maintenance
of the establishment shall be prominently and dis-
tinctly labeled in accordance with law. Small working
containers of bulk cleaning agents shall be individ-
ually labeled for easy identification of contents.
35
n05466
(c) Storage of materials. Poisonous or toxic mate-
rials necessary for the maintenance of the establish-
ment consist of the following two categories:
(1) Insecticides and rodenticides;
(2) Detergents, sanitizers, related cleaning or
drying agents, and caustics, acids, polishes, and other
chemicals.
(3) Materials in subparagraphs (1) and (2) of
this paragraph shall be stored and located to be physi-
cally separated from each other; shall be stored in
cabinets or in similar physically separated compart-
ments or facilities used for no other purpose; and, to
preclude potential contamination shall not be stored
above or intermingled with food, food equipment, uten-
sils, or single -service articles, except that this lat-
ter requirement does not prohibit the convenient avail-
ability of detergent sanitizers, or sanitizers at ware -
washing facilities.
(d) Use of materials.
(1) Sanitizers, cleaning compounds, or other com-
pounds intended for use on food -contact surfaces shall
not be used in a way that leaves a toxic residue on
such surfaces, nor in a way that constitutes a hazard
to employees or other persons.
(2) 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 compliance
with the manufacturer's labeling.
(e) Storage and display of materials for retail sale.
Poisonous or toxic materials stored or displayed for
retail sale shall be separated from food and sin-
gle -service articles by spacing, partitioning, or divi-
ders. These materials shall not be stored or displayed
above food or single -service articles.
(f) First -aid supplies and personal medications. Re-
tail food store employee first -aid supplies and perso-
nal medications shall be stored in a way that prevents
them from contaminating food and food -contact surfaces.
36
n05667
S. Premises.
(a) General.
(1) Retail food stores and all parts of the prop-
erty used in connection with operations of the estab-
lishment shall be reasonably free of litter and arti-
cles not essential to the operation or maintenance of
the establishment.
(2) The walking and driving surfaces of all ex-
terior 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.
(b) Living areas. No operation of a retail food store
shall be conducted in any room used as living or sleep-
ing quarters. Retail food store operations shall be
separated from any living or sleeping quarters by com-
plete partitioning and solid, self -closing doors.
(c) Laundry facilities.
(1) If provided, laundry facilities in a retail
food store shall be restricted to the washing and dry-
ing of linens and work clothes used in the operation.
If such items are laundered on the premises, an elec-
tric or gas dryer shall be provided and used.
(2) Separate rooms shall be provided for laundry
facilities, except that such operations may be con-
ducted in storage rooms containing only packaged foods
or packaged single -service articles.
(d) Linens and work clothes storage.
(1) Clean work clothes and linens, including
articles such as wiping cloths, shall be stored in a
clean place and protected from contamination until
used.
(2) Soiled work clothes and linens, including
articles such as wiping cloths, shall be kept in non -
absorbent containers or washable laundry bags until re-
moved for laundering and shall be stored to prevent
contamination of food, food equipment and utensils.
37
n G 5 6 6 8
(e) Cleaning equipment storage. Maintenance and
cleaning tools such as brooms, mops, vacuum cleaners,
and similar equipment shall be maintained in good re-
pair 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.
(f) Animals.
(1) Live animals shall be excluded from within
the retail food store operational areas and from imme-
diately adjacent areas inside the store under the con-
trol of the permit holder. This exclusion does not ap-
ply to edible fish, crustacea, shellfish, or fish in an
aquarium.
(1) Live or dead fish bait shall be stored
separtely from food or food products.
(ii) Patrol dogs accompanying security or
police officers shall be permitted in offices, storage
areas, and outside store premises. Sentry dogs may be
permitted to run loose in outside fenced areas for
security reasons. Guide dogs accompanying blind per-
sons shall be permitted in sales areas.
(2) While on duty, persons employed in the food
preparation areas of an establishment shall not care or
handle any pets, or patrol/sentry dogs.
H. Compliance Procedures.
1. Permits, licenses, or certificates.
(a) General. No person shall operate a retail food
store who does not have a valid permit, license, or
certificate issued to him by the regulatory authority.
Only a person who complies with the requirements of
these rules shall be entitled to receive or retain such
a permit, license, or certificate. Permits, licenses,
or certificates are not transferable. A valid permit,
license, or certificate shall be posted in every food
store establishment.
(b) Issuance of permit. Any person desiring to oper-
ate a retail food store shall make written application
for a permit on forms provided by the City. Such
application shall include the applicant's full name and
post office address and whether such applicant is an
38
1)05669
individual, firm, or corporation, and, if a partner-
ship, the names of the partners, together with their
addresses shall be included; the location and type of
the proposed retail food store; and the signature of
the applicant or applicants. If the application is for
a temporary retail food store,it shall also include the
inclusive dates of the proposed operation. Permits
shall be renewed annually on or before January 1st. At
the time of renewal or in the case of a new establish-
ment, before business has begun, the applicant shall
pay to the City of College Station, or its agent re-
ceiving same, a fee to be set by a resolution of the
City Council. Upon receipt of such an application, the
City of College Station, through the health authority,
shall make an inspection of the retail food store, to
determine compliance with the provisions of this sec-
tion. When inspection reveals that the applicable re-
quirements of this section have been met, a permit
shall be issued to the applicant by the City of College
Station as set by City Council resolution.
2. Inspections.
(a) Inspection Frequency. An inspection of a retail
food store shall be performed at least once every six
months. Additional inspections of the retail food
store shall be performed as often as are necessary for
the enforcement of these rules.
(b) Access. Agents of the regulatory authority, after
proper identification, shall be permitted to enter any
retail food store at any reasonable time, for the pur-
pose 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.
(c) Report of inspection. Whenever an inspection is
made of a retail food store, the findings shall be re-
corded on the inspection report form referred to in
subsection (3) of this section. A copy of the inspec-
tion report form shall be furnished to the owner or
person in charge at the completion of the inspection
and constitutes a written notice. The inspection re-
port form shall summarize the requirements of these
rules, and shall set forth a weighted point value for
each requirement. The rating score of the establish-
ment shall be the total of the weighted point value for
39
n05670
all violations, subtracted from 100. The completed
inspection report form is a public document that shall
bemade available for public disclosure to any person
who requests it according to law.
(d) Correction of violations. The inspection report
form shall specify a reasonable period of time for the
correction of the violations found, and correction of
the violations shall be accomplished within the period
specified, in accordance with the following provisions:
(1) If an imminent health hazard exists, such as
complete lack of sanitization, refrigeration, an ex-
tended loss of water supply, and extended power outage,
or sewage backup into the establishment, the establish-
ment shall immediately cease affected retail food store
operations and shall immediately notify the regulatory
authority. Such operation shall not be resumed until
authorized by the regulatory authority.
(2) All violations of 4- or 5- point weighted
items shall be corrected within a time specified by the
health authority, but in any event, not to exceed 10
days.
(3) All 1- or 2- point weighted items shall be
corrected as soon as possible, but in any event, by the
time of the next routine inspection.
(4) When rating score of the establishment is
less than 60, the establishment shall initiate correc-
tive action on all identified violations within 48
hours. One or more reinspections shall be conducted at
reasonable time intervals to assure correction.
(e) Examination and condemnation of food. The regula-
tory authority may examine and collect samples of food
as often as necessary for the enforcement of these
rules. The regulatory authority shall, upon written
notice to the owner or person in charge specifying the
reason therefor, place under detention any food which
it has probable cause to believe is adulterated or mis-
branded in accordance with the provisions of Section 6,
and paragraph (2) of Section 21, Article 4476-5, Texas
Civil Statutes, The Texas Food, Drug, and Cosmetic Act.
(f) Procedure when infection is suspected. When the
regulatory authority has reasonable cause to suspect
the possibility of disease transmission from any retail
food store employee, it may secure a morbidity history
of the suspected employee or make any other investiga-
40
PO5671
tion as may be indicated and shall take appropriate
action. The regulatory authority may require any or
all of the following measures:
(1) the immediate exclusion of the employee from
all retail food stores;
(2) the immediate closing of the retail food
store concerned until, in the opinion of the regulatory
authority, no further danger of disease outbreak
exists;
(3) restriction of the employee's services to
some area of the establishment where there would be no
danger of transmitting disease;
(4) adequate medical and laboratory examinations
of the employee, of other employees, and of the body
discharges of such employees.
3. Suspension of permit.
(a) The regulatory authority may, without warning, no-
tice, or hearing suspend any permit, license, or certi-
ficate to operate a retail food store if the holder of
the permit, license, or certificate does not comply
with the requirements of these rules, or if the opera-
tion of the establishment does not comply with the re-
quirements of these rules, or if the operation of the
retail food store otherwise constitutes a substantial
hazard to public health. Suspension is effective upon
service of the notice required by paragraph 3 (b) of
this rule. When a permit, license, or certificate is
suspended, food store operations shall immediately
cease. Whenever a permit, license, or certificate is
suspended, the holder of the permit, license, or certi-
ficate shall be afforded an opportunity for a hearing
within twenty (20) days of receipt of a request for a
hearing.
(b) Whenever a permit, license, or certificate is sus-
pended, the holder of the permit, license, or certifi-
cate, or the person in charge shall be notified in
writing that the permit, license, or certificate is,
upon service of the notice, immediately suspended and
that an opportunity for a hearing will be provided if a
written request for a hearing is filed with the regula-
tory authority by the holder of the permit, license, or
certificate within ten (10) days. If no written re-
quest for hearing is filed within ten (10) days, the
suspension is sustained. The regulatory authority may
41
nC50" 7
end the suspension at any time if reasons for suspen-
sion no longer exist.
4. Revocation of permit, license, or certificate. The
regulatory authority may, after providing opportunity for a
hearing, revoke a permit, license, or certificate for
serious or repeated violations of any of the requirements of
these rules or for interference with the regulatory author-
ity in the performance of its duties. Prior to revocation,
the regulatory authority shall notify the holder of the per-
mit, license, or certificate, or the person in charge, in
writing of the reason for which the permit, license, or cer-
tificate shall be revoked at the end of the ten (10) days
following service of such notice unless a written request
for a hearing is filed with the regulatory authority by the
holder of the permit, license, or certificate within such
ten (10) day period. If no request for hearing is filed
within the ten (10) day period, the revocation of the per-
mit, license, or certificate becomes final.
5. Service of notices. A notice provided for in these
rules is properly served when it is delivered to the holder
of the permit, license, or certificate, or the person in
charge, or when it is sent by registered or certified mail,
return receipt requested, to the last known address of the
holder of the permit, license, or certificate. A copy of
the notice shall be filed in the records of the regulatory
authority.
6. Hearings. The hearings provided for these rules shall
be conducted by the regulatory authority at a time and place
designated by it. Based upon the recorded evidence of such
hearing, the regulatory authority shall make a final find-
ing, and shall sustain, modify or rescind any notice or or-
der considered in the hearing. A written report of the
hearing decision shall be furnished to the holder of the
permit, license, or certificate by the regulatory authority.
7. Application after revocation. Whenever a revocation of
a permit, license, or certificate has become final, the
holder of the revoked permit, license, or certificate may
make written application for a new permit, license, or cer-
tificate.
42
n05673
8. Review of plans.
(a) Submission of plans. Whenever a retail food store
is constructed or extensively remodeled and whenever an
existing structure is converted to use as a retail food
store, properly prepared plans and specifications for
such construction, remodeling, or conversion shall be
submitted to the Brazos County Health Department for
review and approval before construction, remodeling or
conversion is begun. The plans and specifications
shall indicate the proposed layout, arrangement, me-
chanical plans, and construction materials of work
areas, and the type, model, location and size of pro-
posed fixed equipment and facilities. The Brazos Coun-
ty Health Department shall approve the plans and speci-
fications if they meet the requirements of these
rules. No retail food store shall be constructed, ex-
tensively remodeled, or converted except in accordance
with plans and specifications approved by the regula-
tory authority.
(b) Pre -operational inspection. Whenever plans and
specifications are required by Paragraph (a) of Subsec-
tion 8 of this rule to be submitted to the Brazos Coun-
ty Health Department, the Brazos County Health Depart-
ment shall inspect the retail food store prior to its
beginning operation to determine compliance with the
approved plans and specifications and with the require-
ments of these rules.
9. Procedure when infection is suspected.
(a) When the regulatory authority has reasonable
cause to suspect the possibility of disease transmis-
sion from any retail food store employee, it may secure
morbidity history of the suspected employee or make any
other investigation as may be indicated and shall take
appropriate action. The regulatory authority may re-
quire any or all of the following measures:
(1) The immediate exclusion of the employee from
all retail food stores;
(2) The immediate closing of the retail food
store concerned until, in the opinion of the regulatory
authority, no further danger of disease outbreak
exists.
43
n 0 5 6 7 4
(3) Restriction of the employee's services to
some area of the establishment where there would be no
danger of other employees and of his and their body
discharges.
(b) Foodhandler's card. Each person working in a food
establishment, or handling food, shall obtain a valid
foodhandlers permit. This permit is to be issued by
the Brazos County, Texas Health Department in accor-
dance with all requirements for such instructionand/or
examinations for disease as the health authority may
designate. The permit shall be valid for such a time
as the health authority may designate but not to exceed
four (4) years. The permit shall be kept on file by
the Brazos County Health Authority which shall in turn
issue to the foodhandler a card attesting to the vali-
dity of the permit.
10. Enforcement.
(a) 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 hazard because of a failure to
correct the violations stated in subparagraphs (1)
through (3) of this paragraph is subject to prosecution
in the municipal court of College Station, Texas, pur-
suant to the general penalty provision of this Code.
(1) All 4- or 5- point violations within the time
specified by the regulatory authority.
(2) Violations of these rules within a specified
time when the retail food store rating score falls be-
low 60.
(3) Repeated violations of the same provisions of
these rules.
(b) Injunctions. The 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.
11. Inspection report form. The Department adopts by ref-
erence the Department Form entitled, "Retail Food Store In-
spection Report", described in subsection 1 (b) of this sec-
tion and available in the Department's Food and Drug Divi-
sion Office, 1100 West 49th Street, Austin, Texas, 78756.
44
r05;75
I. Enactment Provisions.
1. Exceptions.
(a) 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
this section of the Code.
(b) New building facilities and new equipment. New
building facilities and new equipment for which con-
tractual 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 main-
tained in a sanitary condition and the food -contact
surfaces (if any) are in compliance with the definition
of safe materials in §A.2. of this title (relating to
General Provisions).
2. 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.
II.
It is ordained that this ordinance shall become effective from
June 5, 1989 and after its passage in accordance with the City
Charter of the City of College Station.
PASSED, ADOPTED AND APPROVED THIS 25th DAY OF MAY, 1989.
ATTEST:
"1l
DIAN JONES
CITY SEC T Y
APPROVED:
- 45 -
n05676