exas Food Establishment Rules

1 Texas food Establishment Rules October 2015 Texas Department of State Health Services Division for Regulatory Services Environmental and Consumer Safety Section Policy, Standards, and Quality Assurance Unit Public Sanitation and retail food Safety Group Texas food Establishment Rules 25 TAC 228 Texas Department of State Health Services Division for Regulatory Service Environmental and Consumer Safety Section Policy Standards and Quality Assurance Unit Public Sanitation and retail food Safety Group Box 149347, MC 1987 Austin, TX 78714-9347 Effective Date: October 11, 2015 i Table of Contents Subchapter A. General Provisions ..1 Purpose.

2 1 Subchapter B. Management and Personnel ..20 Responsibility ..20 (a) Present ..20 (b) Person In Charge ..20 Knowledge..20 Certified food Protection Manager and food Handler Requirements ..22 (a) Certified food protection manager course and pass exam ..22 (b) Certified food protection manager certificate posted ..22 (c) Exception to certified food protection (d) Accredited food handler course requirement ..22 (e) food handler requirement effective September 1, 2016 and certificate ..22 (f) Exception to food handler requirement ..23 Duties ..23 Responsibilities and Reporting Symptoms and Diagnosis ..24 (a) Responsibility of person in charge to require reporting by food employees and applicants.

3 24 (b) Notification by person in charge to regulatory authority when an employee has certain medical conditions ..26 (c) Responsibility of person in charge to ensure conditional employees report ..26 (d) Person in charge responsible for reporting, exclusion and restriction ..27 (e) Responsibility of a food employee or applicant to report to the person in charge ..27 (f) food employee shall comply ..27 Conditions of Exclusions and Restrictions ..27 Managing Exclusions and Restrictions ..29 Hands and Arms ..35 (a) food employees shall keep their hands and exposed portions of their arms clean ..35 (b) Cleaning procedure for handwashing ..35 (c) Special handwash procedures.

4 36 (d) When to wash ..36 (e) Where to (f) Hand antiseptics ..37 Fingernail Maintenance ..38 (a) food employees shall keep their fingernails trimmed ..38 (b) food employee may not wear fingernail polish or artificial fingernails ..38 Jewelry Prohibition ..38 ii Outer Clothing, Clean Condition ..38 food Contamination Prevention..38 (a) Eating, drinking, or using tobacco ..38 (b) Discharges from the eyes, nose, and mouth ..39 Hair Restraints ..39 (a) food employees shall wear hair restraints ..39 (b) food employees who are not required to wear hair restraints ..39 Animals, Handling Prohibitions ..39 (a) food employees may not handle animals that may be present.

5 39 (b) food employees with assistance animals, fish in aquariums, and display tanks ..39 Contamination Events ..39 Subchapter C. food ..40 Condition Safe, Unadulterated, and Honestly Presented ..40 Approved Sources ..40 (a) Compliance with food Law ..40 (b) food in a hermetically sealed (c) Fluid milk and milk products ..41 (d) Fish ..41 (e) Molluscan shellfish ..41 (f) Wild mushrooms ..42 (g) Exotic animals and game animals ..42 Specifications for Receiving ..44 (a) Temperature ..44 (b) Additives ..45 (c) (d) Eggs and milk products, pasteurized ..45 (e) Package integrity ..45 (f) Ice ..46 (g) Juice treated ..46 (h) Shucked shellfish, packaging and identifications.

6 46 (i) Shellstock (j) Shellstock, condition ..47 Molluscan Shellfish, Original Container and Records ..48 (a) Molluscan shellfish may not be removed from original container ..48 (b) Shellstock may be removed from the original container for display ..48 (c) Shucked shellfish may be removed from container for display ..48 (d) Shucked shellfish may be repackaged by consumer self-service ..48 (e) Shellstock, maintaining identification ..48 Preventing Contamination by Employees ..49 (a) Preventing contamination from hands ..49 (b) Preventing contamination when tasting ..51 Preventing food and Ingredient Contamination ..52 iii (a) Packaged and unpackaged food separation, packaging and segregation.

7 52 (b) food storage containers, identified with the common name of the food ..53 (c) Pasteurized eggs, substitute for raw shell eggs for certain recipes ..53 (d) Protection from unapproved additives ..53 (e) Washing fruits and vegetables ..54 Preventing Contamination from Ice Used as a Coolant ..54 (a) Ice used as exterior coolant, prohibited as ingredient ..54 (b) Storage or display of food in contact with water or ice ..54 Preventing Contamination from Equipment, Utensils, and Linens ..55 (a) food contact surfaces ..55 (b) In-use utensils, between-use storage ..55 (c) Linens and napkins, use (d) Wiping cloths, use limitation ..56 (e) Gloves, use limitation ..56 (f) Using clean tableware for second portions and refills.

8 57 (g) Refilling Preventing Contamination from the Premises ..59 (a) food storage ..59 (b) food storage, prohibited areas ..59 (c) Vended time/temperature control for safety food , original container ..59 (d) food preparation ..60 Preventing Contamination by Consumers ..60 (a) food display ..60 (b) Condiments, protection ..60 (c) Consumer self-service operations ..60 (d) Returned food and re-service of food ..61 (e) Preventing contamination from other sources ..61 Cooking ..61 (a) Raw animal foods ..61 (b) Microwave cooking. Raw animal foods cooked in a microwave oven ..63 (c) Plant food cooking for hot holding ..63 (d) Non-continuous cooking of raw animal foods.

9 63 (a) Parasite destruction ..65 (b) Records, creation and (c) Preparation for immediate service ..67 Reheating for Hot (a) Temperature ..66 (b) Microwave ..67 (c) Commercially processed and packaged food ..67 (d) Time ..67 (e) Roast ..67 Juice Packaged in a food Establishment ..67 (a) HACCP ..67 (b) Labeling ..67 iv Temperature and Time Control ..68 (a) Frozen food ..68 (b) Time/temperature control for safety food , slacking ..68 (c) Thawing ..68 (d) Cooling ..69 (e) Cooling methods ..70 (f) Hot and cold holding ..70 (g) Ready-to-eat, time/temperature control for safety food , date marking ..71 (h) Ready-to-eat, time/temperature control for safety food , disposition.

10 73 (i) Time as a public health control ..73 Specialized Processing Methods, Variance Requirements ..75 Clostridium Botulinum and Listeria Monocytogenes Controls ..76 food Identity, Presentation, On-premises Labeling, and Accurate (a) Standards of identity ..79 (b) Honestly presented ..79 Labeling ..80 (a) food labels ..80 (b) Other forms of information ..81 Consumer Advisory ..81 (a) Inform consumers by way of disclosure and reminder ..81 (b) Disclosure shall include ..81 (c) Reminder shall include asterisking animal-derived foods requiring disclosure to a footnote ..81 Contaminated food , Disposition. Discarding or reconditioning unsafe, adulterated, contaminated food .