|(a) General. The regulatory authority may impose additional
requirements to protect against health hazards related to the conduct
of the temporary food establishment, may prohibit the sale of some
or all time and temperature control for safety foods (TCS foods),
and when no health hazard will result, such as children's neighborhood
beverage stands, may waive or modify requirements of this chapter.
(1) Foods that are not prepared on-site or that require
extensive preparation or cooking must be prepared at a licensed food
(2) Each temporary establishment may be required by
the regulatory authority to have at least one person on-site who has
a minimum of an accredited food handler certification.
(b) Food temperatures. All food temperature requirements
shall be met as contained in Food Code, Subparts 3-202, 3-401-403,
and 3-501, §228.62 of this chapter (relating to Specifications
for Receiving), and §228.64 of this chapter (relating to Donation
(c) Ice. Ice that is consumed or that contacts food
shall have been made under conditions meeting the requirements of
Food Code, Chapter 3 - Food. The ice shall be obtained only in blocked,
chipped, crushed, or cubed form and in single-use safe plastic or
wet-strength paper bags filled and sealed at the point of manufacture.
Ice for consumption shall be held in the bags until it is dispensed
and be dispensed in a way that protects it from contamination.
(d) Equipment and utensils.
(1) Design and construction. Equipment and utensils
shall be designed and constructed to be durable and to retain their
characteristic qualities under normal use conditions.
(2) Location and installation. Equipment shall be located
and installed and cleaned in a way that prevents food contamination
and that also facilitates cleaning of the temporary food establishment.
(3) Hot and cold holding equipment. Equipment for cooling
or heating food and holding cold or hot food shall be adequate in
number and capacity to provide food temperatures as specified in Food
Code, Subparts 3-401-403 and 3-501.
(4) Protection from contamination. Food-contact surfaces
of equipment shall be protected from contamination by consumers and
other sources. Where necessary to prevent contamination, effective
shields for such equipment shall be provided.
(5) Alternative manual warewashing. Alternative manual
warewashing equipment, such as receptacles that substitute for the
compartments of a three-compartment sink, may be used when there are
special cleaning needs or constraints and the regulatory authority
has approved the use of alternative equipment. Each compartment shall
be large enough to immerse the largest piece of equipment that will
be used. A means to heat water must also be provided.
(e) Single-service articles. A temporary food establishment
shall provide only single-service articles for use by the consumer.
(1) Water from an approved source shall be made available
in a temporary food establishment for food preparation, handwashing,
and for cleaning and sanitizing utensils and equipment.
(2) Water does not need to be under pressure but shall
come from approved sources which include:
(A) commercially bottled drinking water;
(B) closed portable water containers;
(C) enclosed vehicular water tanks;
(D) on-premise water storage tanks; or
(E) piping, tubing or hoses connected to an approved
(g) Wet storage. Packaged food may not be stored in
direct contact with ice or water if the food is subject to the entry
of water because of the nature of its packaging, wrapping, or container
or its positioning in the ice or water.
(h) Sewage. All waste water and sewage generated from
the temporary food establishment shall be disposed of through an approved
sanitary sewage system that is:
(1) a public sewage system; or
(2) an individual sewage disposal system that is sized,
constructed, maintained, and operated according to 30 TAC Chapter
285 (relating to On-Site Sewage Facilities).
(i) Handwashing. Handwashing facilities shall include
a container with a spigot that provides potable, clean, warm water;
a wastewater container; soap; disposable towels; and a waste receptacle.
Handwashing facilities are not required if the only food items offered
are commercially pre-packaged foods that are dispensed in their original
(j) Floors. If graded to drain, a floor may be concrete,
machine-laid asphalt, dirt, or gravel covered with mats, ply-wood,
removable platforms, duckboards if covered with mats, or other suitable
materials approved by the regulatory authority, such as tarps, that
effectively control dust and mud.
(k) Ceilings and outer openings of food preparation
(1) Walls and Ceilings. Walls and ceilings shall be
made of wood, canvas, or other materials that protect the interior
of the establishment from the weather, windblown dust, birds, and
(2) Outer openings. The outer openings shall be protected
against entry of insects and rodents by:
(A) 16 mesh to 25.4 millimeters (16 mesh to 1 inch)
(B) properly designed and installed air curtains; or
(C) other effective means.
(3) Exclusion provision. Paragraph (2) of this subsection
does not apply if flying insects and other pests are absent due to
the location of the temporary food establishment or other limiting