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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 228RETAIL FOOD
SUBCHAPTER FPHYSICAL FACILITIES
RULE §228.186Premises, Buildings, Systems, Rooms, Fixtures, Equipment, Devices, and Materials

(a) Repairing. The physical facilities shall be maintained in good repair.

(b) Cleaning, frequency and restrictions.

  (1) The physical facilities shall be cleaned as often as necessary to keep them clean.

  (2) Except for cleaning that is necessary due to a spill or other accident cleaning shall be done during periods when the least amount of food is exposed such as after closing.

(c) Cleaning floors, dustless methods.

  (1) Except as specified in paragraph (2) of this subsection, only dustless methods of cleaning shall be used, such as wet cleaning, vacuum cleaning, mopping with treated dust mops, or sweeping using a broom and dust-arresting compounds.

  (2) Spills or drippage on floors that occur between normal floor cleaning times may be cleaned:

    (A) without the use of dust-arresting compounds; and

    (B) in the case of liquid spills or drippage, with the use of a small amount of absorbent compound such as sawdust or diatomaceous earth applied immediately before spot cleaning.

(d) Cleaning ventilation systems, nuisance and discharge prohibition.

  (1) Intake and exhaust air ducts shall be cleaned and filters changed so they are not a source of contamination by dust, dirt, and other materials.

  (2) If vented to the outside, ventilation systems may not create a public health hazard or nuisance or unlawful discharge.

(e) Cleaning maintenance tools, preventing contamination. Food preparation sinks, handwashing sinks, and warewashing equipment may not be used for the cleaning of maintenance tools, the preparation or holding of maintenance materials, or the disposal of mop water and similar liquid wastes.P

(f) Drying mops. After use, mops shall be placed in a position that allows them to air-dry without soiling walls, equipment, or supplies.

(g) Absorbent materials on floors, use limitation. Except as specified in subsection (c)(2) of this section, sawdust, wood shavings, granular salt, baked clay, diatomaceous earth, or similar materials may not be used on floors.

(h) Cleaning of Plumbing Fixtures. Plumbing fixtures such as handwashing sinks, toilets, and urinals shall be cleaned as often as necessary to keep them clean.

(i) Closing toilet room doors. Except during cleaning and maintenance operations toilet room doors as specified in §228.174(d) of this title shall be kept closed.

(j) Using dressing rooms and lockers.

  (1) Dressing rooms shall be used by employees if the employees regularly change their clothes in the establishment.

  (2) Lockers or other suitable facilities shall be used for the orderly storage of employee clothing and other possessions.

(k) Controlling pests. The presence of insects, rodents, and other pests shall be controlled to eliminate their presence on the premises by:

  (1) routinely inspecting incoming shipments of food and supplies;

  (2) routinely inspecting the premises for evidence of pests;

  (3) using methods, if pests are found, such as trapping devices or other means of pest control as specified in §228.204(b) and §228.208(b) and (c) of this title;Pf and

  (4) eliminating harborage conditions.

(l) Removing dead or trapped birds, insects, rodents, and other pests. Dead or trapped birds, insects, rodents, and other pests shall be removed from control devices and the premises at a frequency that prevents their accumulation, decomposition, or the attraction of pests.

(m) Storing maintenance tools. Maintenance tools such as brooms, mops, vacuum cleaners, and similar items shall be:

  (1) stored so they do not contaminate food, equipment, utensils, linens, and single-service and single-use articles; and

  (2) stored in an orderly manner that facilitates cleaning the area used for storing the maintenance tools.

(n) Maintaining premises, unnecessary items and litter. The premises shall be free of:

  (1) items that are unnecessary to the operation or maintenance of the establishment such as equipment that is nonfunctional or no longer used; and

  (2) litter.

(o) Prohibiting animals.

  (1) Except as specified in paragraphs (2) and (3) of this subsection, live animals may not be allowed on the premises of a food establishment.

  (2) Live animals may be allowed in the following situations if the contamination of food, clean equipment, utensils, linens, and unwrapped single-service and single-use articles cannot result:

    (A) edible fish or decorative fish in aquariums, shellfish or crustaceans on ice or under refrigeration, and shellfish and crustaceans in display tank systems;

    (B) patrol dogs accompanying police or security officers in offices and dining, sales, and storage areas, and sentry dogs running loose in outside fenced areas;

    (C) in areas that are not used for food preparation and that are usually open for customers, such as dining and sales areas, service animals that are controlled by the disabled employee or person, or service animals in training when accompanied by an approved trainer if a health or safety hazard will not result from the presence or activities of the service animal;

    (D) pets in the common dining areas of institutional care facilities such as nursing homes, assisted living facilities, group homes, or residential care facilities at times other than during meals if:

      (i) effective partitioning and self-closing doors separate the common dining areas from food storage or food preparation areas;

      (ii) condiments, equipment, and utensils are stored in enclosed cabinets or removed from the common dining areas when pets are present; and

      (iii) dining areas including tables, countertops, and similar surfaces are effectively cleaned before the next meal service; and

    (E) in areas that are not used for food preparation, storage, sales, display, or dining, in which there are caged animals or animals that are similarly confined, such as in a variety store that sells pets or a tourist park that displays animals.

  (3) Live or dead fish bait may be stored if contamination of food, clean equipment, utensils, linens, and unwrapped single-service and single-use articles cannot result.


Source Note: The provisions of this §228.186 adopted to be effective October 11, 2015, 40 TexReg 6901

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