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RULE §228.174Functionality

(a) Light bulbs, protective shielding.

  (1) Except as specified in paragraph (2) of this subsection, light bulbs shall be shielded, coated, or otherwise shatter-resistant in areas where there is exposed food; clean equipment, utensils, and linens; or unwrapped single-service and single-use articles.

  (2) Shielded, coated, or otherwise shatter-resistant bulbs need not be used in areas used only for storing food in unopened packages; if:

    (A) the integrity of the packages cannot be affected by broken glass falling onto them; and

    (B) the packages are capable of being cleaned of debris from broken bulbs before the packages are opened.

  (3) An infrared or other heat lamp shall be protected against breakage by a shield surrounding and extending beyond the bulb so that only the face of the bulb is exposed.

(b) Heating, ventilating, air conditioning system vents. Heating, ventilating, and air conditioning systems shall be designed and installed so that make-up air intake and exhaust vents do not cause contamination of food, food-contact surfaces, equipment, or utensils.

(c) Insect control devices, design and installation.

  (1) Insect control devices that are used to electrocute or stun flying insects shall be designed to retain the insect within the device.

  (2) Insect control devices shall be installed so that:

    (A) the devices are not located over a food preparation area; and

    (B) dead insects and insect fragments are prevented from being impelled onto or falling on exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.

(d) Toilet rooms, enclosed. Except where a toilet room is located outside a food establishment and does not open directly into the food establishment such as a toilet room that is provided by the management of a shopping mall, a toilet room located on the premises shall be completely enclosed and provided with a tight-fitting and self-closing door.

(e) Outer openings, protected.

  (1) Except as specified in paragraphs (2) - (5) of this subsection, outer openings of a food establishment shall be protected against the entry of insects and rodents by:

    (A) filling or closing holes and other gaps along floors, walls, and ceilings;

    (B) closed, tight-fitting windows; and

    (C) solid, self-closing, tight-fitting doors.

  (2) Paragraph (1) of this subsection does not apply if a food establishment opens into a larger structure, such as a mall, airport, or office building, or into an attached structure, such as a porch, and the outer openings from the larger or attached structure are protected against the entry of insects and rodents.

  (3) Exterior doors used as exits need not be self-closing if they are:

    (A) solid and tight-fitting;

    (B) designated for use only when an emergency exists, by the fire protection authority that has jurisdiction over the food establishment; and

    (C) limited-use so they are not used for entrance or exit from the building for purposes other than the designated emergency exit use.

  (4) Except as specified in paragraphs (2) and (5) of this subsection, if the windows or doors of a food establishment, or of a larger structure within which a food establishment is located, are kept open for ventilation or other purposes or a temporary food establishment is not provided with windows and doors as specified under paragraph (1) of this subsection, the openings shall be protected against the entry of insects and rodents by:

    (A) 16 mesh to 25.4 mm (16 mesh to 1 inch) screens;

    (B) properly designed and installed air curtains to control flying insects; or

    (C) other effective means.

  (5) Paragraph (4) of this subsection does not apply if flying insects and other pests are absent due to the location of the establishment, the weather, or other limiting condition.

(f) Exterior walls and roofs, protective barrier. Perimeter walls and roofs of a food establishment shall effectively protect the establishment from the weather and the entry of insects, rodents, and other animals.

(g) Outdoor food vending areas, overhead protection. Except for machines that vend canned beverages if located outside, a machine used to vend food shall be provided with overhead protection.

(h) Outdoor Servicing Areas, Overhead Protection. Except for areas used only for the loading of water or the discharge of sewage and other liquid waste, through the use of a closed system of hoses, servicing areas shall be provided with overhead protection.

(i) Outdoor walking and driving surfaces, graded to drain. Exterior walking and driving surfaces shall be graded to drain.

(j) Outdoor refuse areas, curbed and graded to drain. Outdoor refuse areas shall be constructed in accordance with law and shall be curbed and graded to drain to collect and dispose of liquid waste that result from the refuse and from cleaning the area and waste receptacles.

(k) Private homes and living or sleeping quarters, use prohibition. A private home, a room used as living or sleeping quarters, or an area directly opening into a room used as living or sleeping quarters may not be used for conducting food establishment operations.P

(l) Living or sleeping quarters, separation. Living or sleeping quarters located on the premises of a food establishment such as those provided for lodging registration clerks or resident managers shall be separated from rooms and areas used for food establishment operations by complete partitioning and solid self-closing doors.

Source Note: The provisions of this §228.174 adopted to be effective October 11, 2015, 40 TexReg 6901

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