No person, while infected with a disease in a communicable form that can be transmitted by foods or who is a carrier of organisms that cause such a disease, or while affected with a boil, an infected wound, or an acute respiratory infection, shall work in a retail food store in any capacity in which there is a likelihood of such person contaminating food or food-contact surfaces with pathogenic organisms or transmitting disease to other persons.
(1996 Code, sec. 46-201)
Employees shall thoroughly wash their hands and the exposed portions of their arms with soap or detergent and warm water before starting work, during work as often as it is necessary to keep them clean, and after smoking, eating, handling raw meat or poultry or using the toilet. Employees shall keep their fingernails trimmed and clean.
(1996 Code, sec. 46-202)
(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.
(c) 
During preparation of food by hand, employees shall remove from their hands any jewelry that cannot be adequately sanitized.
(1996 Code, sec. 46-203)
(a) 
Employees shall consume food only in designated areas. An employee eating area shall not be so designated if consuming food there may result in contamination of other food, equipment, utensils or other items needing protection.
(b) 
Employees shall not use tobacco in any form while engaged in any food handling operations, nor while in warewashing or food preparation areas. Employees shall use tobacco only in designated areas. An employee designated smoking area shall be set apart and physically separated from nonsmoking areas and be independently ventilated and sufficiently sealed to prevent the mixing of air from the designated employee smoking area to the public areas or to any other area in the building. An employee tobacco-use area shall not be designated for that purpose if the use of tobacco there may result in contamination of food, equipment, utensils or other items needing protection.
(c) 
Employees shall maintain a high degree of personal cleanliness and shall conform to good hygienic practices during all working periods.
(1996 Code, sec. 46-204)
(a) 
Multiuse 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 materials. Equipment, utensils, and single-service articles shall not impart odors, color or taste, nor contribute to the contamination of food.
(b) 
If solder is used, it shall be composed of safe materials and be corrosion resistant.
(c) 
Hard maple or equivalent nonabsorbent wood that meets the general requirements set forth in subsection (a) of this section may be used for cutting blocks, cutting boards, and baker’s tables. Wood may be used for single-service articles, such as stirrers and ice cream spoons. Wood may be used in contact with raw fruits and raw vegetables. Wood shall not be used as a food-contact surface under other circumstances.
(d) 
Safe plastic, 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 warewashing methods, and which meet the general requirements set forth in subsection (a) of this section are permitted for repeated use.
(e) 
Scratching and scoring of cutting surfaces that do not interfere with effective cleaning and sanitization shall not constitute violations of subsections (c) and (d) of this section.
(f) 
Tableware, if used, shall be single-service tableware.
(1996 Code, sec. 46-205)
(a) 
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.
(b) 
Food-contact surfaces shall be easily cleanable, smooth, and free of breaks, open seams, cracks, chips, pits, and similar imperfections, and free of difficult-to-clean internal corners and crevices. Cast iron may be used as a food-contact surface only if the surface is used for cooking. Threads shall be designed to facilitate cleaning; ordinary “V” type threads are prohibited in food-contact surfaces. Only safe lubricants shall be used on equipment such as icemakers, hot oil cooking equipment, or hot oil filtering systems; such threads shall be minimized.
(c) 
Equipment containing bearings and gears requiring unsafe lubricants shall be designed and constructed so that the lubricant cannot leak, drip or be forced into food or onto food-contact surfaces. Only safe lubricants shall be used on equipment designed to receive lubrication of bearings and gears on or within food-contact surfaces.
(d) 
Tubing conveying beverages or beverage ingredients to dispensing heads may be in contact with stored ice, provided that such tubing is fabricated from safe materials, is grommetted at entry and exit points to preclude moisture (condensation) from entering the ice machine or the ice storage bin, and is kept clean. Drainage or drainage tubes from dispensing units shall not pass through the ice machine or the ice storage bin.
(e) 
Sinks and drain boards shall be sloped to drain.
(f) 
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.
(g) 
Equipment intended for in-place cleaning shall be so designed and fabricated that:
(1) 
Cleaning and sanitizing solutions can be circulated throughout a fixed system using an effective cleaning and sanitizing regimen;
(2) 
Cleaning and sanitizing solutions will contact all interior food-contact surfaces; and
(3) 
The system is self-draining or capable of being completely evacuated.
(h) 
That portion of fixed equipment designed and fabricated to be cleaned and sanitized by pressure spray methods shall have sealed electrical wiring, switches and connections.
(i) 
Indicating thermometers required for immersion into food or cooking media shall be of metal stem-type construction, numerically scaled and accurate to plus or minus two degrees Fahrenheit.
(j) 
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 clean and sanitary conditions.
(k) 
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 extricating equipment shall be readily removable for cleaning and replacement if not designed to be cleaned in place.
(1996 Code, sec. 46-206)
(a) 
Equipment, including icemakers and ice storage equipment shall not be located under exposed or unprotected sewer lines, water lines that are leaking or on which condensed water may accumulate, open stairwells, or other sources of contamination. This requirement does not apply to automatic fire protection sprinkler heads that may be required by law.
(b) 
Table-mounted equipment shall be installed to facilitate the cleaning of the equipment and the adjacent areas. Equipment that is placed on tables or counters, unless portable, shall be sealed to the table or counter or elevated on legs to provide at least a four-inch clearance between the table or counter. Equipment is portable within the meaning of this subsection if:
(1) 
It is small and light enough to be moved easily by one person; and
(2) 
It has no utility connection, or has a utility connection that disconnects quickly, or has a flexible utility connection line of sufficient length to permit the equipment to be moved for easy cleaning.
(c) 
Floor-mounted equipment, unless easily movable, shall be:
(1) 
Sealed to the floor; or
(2) 
Elevated on legs to provide at least a six-inch clearance between the floor and equipment, except that equipment may be elevated to provide at least a four-inch clearance between the floor and equipment if no part of the floor under the equipment is more than six inches from cleaning access.
(d) 
Equipment is easily movable if:
(1) 
It is mounted on wheels or casters; and
(2) 
It has no utility connection or has a utility connection that disconnects quickly, or has a flexible utility line of sufficient length to permit the equipment to be moved for easy cleaning.
(e) 
Unless sufficient space is provided for easy cleaning between, behind and above each unit of fixed equipment, the space between it and adjoining equipment units and adjacent walls or ceilings shall be not more than 1/32 of an inch and, if exposed to seepage, the space shall be sealed.
(f) 
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 pallets, racks and dollies shall be positioned to provide accessibility to working areas.
(1996 Code, sec. 46-207)
Retail food stores that do not have facilities for proper cleaning and sanitizing of utensils and equipment shall not prepare food for sale.
(1996 Code, sec. 46-208)
(a) 
Utensils and food-contact surfaces of equipment shall be cleaned and sanitized after any interruption in operations during which time contamination may have occurred, between processing of different animal species, and between processing of raw and ready-to-eat food and food products.
(b) 
Where equipment and utensils are used for the preparation of potentially hazardous foods on a continuous or production-line basis, utensils and the food-contact surfaces of equipment shall be cleaned and sanitized at intervals throughout the day on a schedule based on food temperature, type of food, and amount of food particle accumulation.
(c) 
The food-contact surfaces of cooking and heating 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 surfaces of all baking equipment and pans shall be kept free of encrusted grease deposits and other accumulated soil.
(d) 
Nonfood contact surfaces of equipment, including transport vehicles, shall be cleaned as often as it is necessary to keep the equipment free of accumulation of dust, dirt, food particles, and other debris.
(1996 Code, sec. 46-209)
Moist 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 by this article and used for no other purpose. These cloths and sponges shall be stored in the sanitizing solution between use.
(1996 Code, sec. 46-210)
(a) 
For manual cleaning and sanitizing of equipment and utensils, a sink with two or three compartments shall be provided and used in all new or extensively remodeled retail food stores. Two- or three-compartment sinks shall be installed in all existing food stores. 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 immersions in sinks are impracticable, equipment and utensils may be washed manually or cleaned by pressure spray methods.
(b) 
Drain boards or easily moveable utensil tables of adequate size shall be provided for proper storage and handling of soiled utensils prior to washing and for cleaned utensils following sanitizing and shall be located so as not to interfere with proper use of the warewashing facilities.
(c) 
Equipment and utensils shall be preflushed or prescrubbed and, when necessary, presoaked to remove food particles and soil.
(d) 
The sinks shall be cleaned before use.
(e) 
When a three-compartment sink is utilized for warewashing, the operation shall be conducted in the following sequence:
(1) 
Equipment and utensils shall be thoroughly washed in the first compartment with a hot detergent solution that is kept clean;
(2) 
Equipment and utensils shall be rinsed free of detergent and abrasives with clean water in the second compartment; and
(3) 
Equipment and utensils shall be sanitized in the third compartment according to one of the methods included in subsections (h)(1)–(7) of this section.
(f) 
When a two-compartment sink is utilized for warewashing, one of the following methods shall be used:
(1) 
Equipment and utensils shall be thoroughly washed in the first compartment with a hot detergent solution that is kept clean and at a concentration indicated on the manufacturer’s label; and shall be rinsed in hot water in the second compartment in accordance with subsection (h)(1) of this section; or
(2) 
Equipment and utensils shall be thoroughly washed in the first compartment with a hot detergent-sanitizer solution that is kept clean and at a concentration indicated on the manufacturer’s label; and shall be rinsed with a solution containing that same detergent sanitizer in accordance with subsections (h)(2) and (3) of this section.
(g) 
When pressure spray methods are utilized for cleaning and sanitizing, the equipment and utensils shall be thoroughly flushed with a detergent-sanitizer solution until the article being cleaned is free of visible food particles and soil.
(h) 
The food-contact surfaces of all equipment and utensils shall be sanitized by:
(1) 
Immersion for at least one-half of a minute in clean, hot water at a temperature of at least 170 degrees Fahrenheit (77 degrees Celsius);
(2) 
Immersion for at least one minute in a clean solution containing at least 50 parts per million of available chlorine as a hypochlorite at a temperature of at least 75 degrees Fahrenheit (24 degrees Celsius);
(3) 
Immersion for at least one minute in a clean solution containing at least 12 1/2 parts per million of available iodine and having a pH not higher than 5.0 and at a temperature of at least 75 degrees Fahrenheit (24 degrees Celsius);
(4) 
Immersion for at least one minute in a clean solution containing chlorine and bromine made up at a strength of 25 parts per million total available halogen at a temperature of not less than 75 degrees Fahrenheit (24 degrees Celsius) and not to be used after its strength has been reduced below 12 1/2 parts per million;
(5) 
Immersion in a solution containing an approved quaternary ammonium compound (A.Q.C.) at a strength and for a period of time as stated on the product’s officially approved label. “Acid sanitizer compounds” refers to products approved and registered with the U.S. Environmental Protection Agency;
(6) 
Immersion in a solution containing acid sanitizer compounds at a strength and for a period of time as stated on the product’s officially approved label. “Acid sanitizer compounds” refers to products approved and registered with the U.S. Environmental Protection Agency;
(7) 
Immersion in a clean solution containing any other chemical sanitizing agent approved by the state board of health that will provide the equivalent bactericidal effect of a solution containing at least 50 parts per million of available chlorine as a hypochlorite at a temperature of at least 75 degrees Fahrenheit (24 degrees Celsius) for one minute;
(8) 
Treatment with steam, free from harmful materials or additives in the case of equipment too large to sanitize by immersion, but in which steam can be confined; or
(9) 
Rinsing, spraying, or swabbing with a chemical sanitizing solution of at least twice the strength required for that particular sanitizing solution under subsection (7) of this subsection in the case of equipment too large to sanitize by immersion.
(i) 
When hot water is used for sanitizing the following equipment:
(1) 
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 70 degrees Fahrenheit;
(2) 
A numerically scaled indicating thermometer, accurate to plus or minus three degrees Fahrenheit, convenient to the sink for frequent checks of water temperature; and
(3) 
Utensil racks of such size and design to permit complete immersion of utensils and equipment in the hot water.
(j) 
When chemicals are used for sanitization, a test kit or other device that measures the part per million concentration of the solution shall be provided and used.
(1996 Code, sec. 46-211)
(a) 
Cleaning and sanitizing may be done by spray-type or immersion warewashing machines or by any other type of machine or device if it is demonstrated that it thoroughly cleans and sanitizes equipment and utensils. These machines and devices shall be properly installed and maintained in good repair. Machines and devices shall be operated in accordance with manufacturer’s instructions, and utensils and equipment placed in the machine shall be exposed to all warewashing cycles. Automatic detergent dispensers, wetting agent dispensers and liquid sanitizer injectors, if any, shall be properly installed and maintained.
(b) 
The pressure of final rinse water supplied to spray-type warewashing machines shall not be less than 15 or more than 25 pounds per square inch measured in the water line immediately adjacent to the final rinse control valve. A one-quarter-inch IPS (iron pipe size) valve shall be provided immediately upstream from the final rinse control valve to permit checking the flow pressure of the final rinse water.
(c) 
Machine or water line mounted numerically scaled indicating thermometers, accurate to plus or minus three degrees Fahrenheit, shall be provided to indicate the temperature of the water in each tank of the machine and the temperature of the final rinse water as it enters the manifold.
(d) 
Rinse water tanks shall be protected by baffles, curtains or other effective means to minimize the entry of wash water into the rinse water. Conveyors in warewashing machines shall be accurately timed to assure proper exposure times in wash and rinse cycles in accordance with the manufacturer’s specifications attached to the machines.
(e) 
Drain boards shall be provided and be of adequate size for the proper handling of soiled utensils prior to washing and of cleaned utensils following sanitization, and they shall be located and constructed to permit the proper use of the warewashing facilities. This does not preclude the use of easily movable utensil tables for the storage of soiled utensils or the use of easily movable utensil tables for the storage of clean utensils following sanitization.
(f) 
Equipment and utensils shall be flushed or scraped, and when necessary, soaked to remove gross food particles and soil prior to being washed in a warewashing machine, unless a prewash cycle is a part of the warewashing operation. Equipment and utensils shall be placed in racks, trays or baskets, or on conveyors, in a way that food-contact surfaces are exposed to the unobstructed application of detergent wash and clean rinse water and in a way that permits free draining.
(g) 
Machines (single-tank, stationary rack, door-type machines) originally manufactured to use chemicals for sanitization may be used provided that:
(1) 
The temperature of the wash water shall not be less than 120 degrees Fahrenheit;
(2) 
The wash water shall be kept clean;
(3) 
Chemicals added for sanitization purposes shall be automatically dispensed;
(4) 
Utensils and equipment shall be exposed to the final chemical sanitizing rinse in accordance with the machine manufacturer’s specifications for time and concentration;
(5) 
The chemical sanitizing rinse water temperature shall be not less than 75 degrees Fahrenheit nor less than the temperature specified by the machine’s manufacturer;
(6) 
Chemical sanitizers used shall be approved; and
(7) 
A test kit or other device that measures the parts per million concentration of the solution shall be available and used.
(h) 
Machines using hot water for sanitizing may be used provided that wash water and pumped rinse water shall be kept clean and water shall be maintained at not less than the temperature stated below:
(1) 
Single-tank, stationary rack, dual temperature machine:
(A) 
Wash temperature, 150 degrees Fahrenheit.
(B) 
Final rinse temperature, 180 degrees Fahrenheit.
(2) 
Single-tank, stationary rack, single temperature machine:
(A) 
Wash temperature, 165 degrees Fahrenheit.
(B) 
Final rinse temperature, 165 degrees Fahrenheit.
(3) 
Single-tank, conveyor machines:
(A) 
Wash temperature, 160 degrees Fahrenheit.
(B) 
Final rinse temperature, 180 degrees Fahrenheit.
(4) 
Multitank, conveyor machine:
(A) 
Wash temperature, 150 degrees Fahrenheit.
(B) 
Pumped rinse temperature, 160 degrees Fahrenheit.
(C) 
Final rinse temperature, 180 degrees Fahrenheit.
(5) 
Single-tank, pot, pan, and utensil washer (either stationary or moving rack):
(A) 
Wash temperature, 140 degrees Fahrenheit.
(B) 
Final rinse temperature, 180 degrees Fahrenheit.
(i) 
All warewashing machines shall be thoroughly cleaned at least once each day of use or more often when necessary to maintain them in a satisfactory operating condition.
(1996 Code, sec. 46-212)
Unless used immediately after sanitization, all equipment and utensils shall be air dried. Toweling shall not be used.
(1996 Code, sec. 46-213)
Cleaned and sanitized equipment and utensils shall be handled in a way that protects them from contamination.
(1996 Code, sec. 46-214)
(a) 
Cleaned and sanitized utensils and equipment shall be stored at least six inches above the floor in a clean, dry location in a way that protects them from splash, dust, and other means of 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 may accumulate, except for automatic fire protection sprinkler heads that may be required by law.
(b) 
Utensils shall be air dried before being stored or shall be stored in a self-draining position.
(c) 
Stored utensils shall be covered or inverted wherever practical.
(1996 Code, sec. 46-215)
(a) 
Single-service articles shall be stored in closed cartons or containers at least six inches above the floor or on easily movable dollies, racks, or pallets. Such storage shall protect the articles from contamination and shall not be under exposed or unprotected sewer lines, or water lines that are leaking or on which condensed water may accumulate, except for automatic fire protection sprinkler heads that may be required by law.
(b) 
Single-service articles shall be handled in a manner that prevents contamination of surfaces that may come in contact with food.
(1996 Code, sec. 46-216)
Food equipment, utensils or single-service articles shall not be stored in locker rooms, toilet rooms and vestibules and garbage or mechanical rooms.
(1996 Code, sec. 46-217)
In case of any conflict of this division with V.T.C.A., Health and Safety Code chapter 438, the more stringent provisions shall apply.
(1996 Code, sec. 46-218)