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RULE §228.223Bed and Breakfast

(a) General. A Bed and Breakfast:

  (1) shall comply with these minimum requirements of this section if the facility:

    (A) has more than seven rooms for rent; or

    (B) provides food service other than breakfast to overnight guests

  (2) that provides food service to others than to its overnight guests must comply with the rules and regulations applicable to retail food establishments.Pf

  (3) Limited Bed and Breakfast:

    (A) has seven or fewer rooms for rent;

    (B) serves only breakfast to overnight guests;

    (C) is not a retail food establishment; and

    (D) complies with subsection (b) of this section.

(b) Certified food protection manager. The owner or manager shall successfully complete a food manager's certification course accredited by this department.Pf

(c) Food supplies. Food shall be obtained from approved sources in accordance with §228.62 of this title, shall be in sound condition, and be safe for human consumption. P

(d) Food preparation and protection.

  (1) Food preparation and protection. Food shall be prepared and protected in accordance with Subchapter C of this chapter.P

  (2) Temperature requirements. All food temperature requirements shall be met as contained in Subchapter C of this chapter.P

(e) Cleaning and sanitizing.

  (1) Manual. A three compartment sink shall be used if washing, rinsing and sanitizing of utensils and equipment is done manually; or a two compartment sink may be utilized if single service tableware is provided, and if an approved detergent sanitizer is used.Pf

  (2) Mechanical. Cleaning and sanitizing may be done by spray-type or immersion dishwashing machines or by any other type of machine or device if it is demonstrated that it thoroughly cleans and sanitizes equipment and utensils either by chemical or mechanical sanitization.Pf

(f) Personal hygiene. Employees shall conform to good hygienic practices as required in Subchapter B of this chapter.Pf

(g) Employee restrooms. A restroom shall be available for use by employees.

(h) Equipment and utensil design and construction. All equipment and utensils shall be constructed of safe materials and maintained in good repair.Pf

(i) Handsinks.

  (1) Location. An accessible and conveniently located handwash sink shall be provided in or immediately adjacent to food preparation areas and restrooms.Pf

  (2) Intended use. Handsink(s) shall be used for no other purpose other than handwashing.Pf

(j) Food-contact surfaces. All food contact surfaces, counters, or work surfaces in the establishment shall be smooth, non-absorbent and easily cleanable.Pf

(k) Insect proof/rodent proof.

  (1) Construction. Food service preparation and storage areas shall be constructed and maintained to prevent the entry of pests and other vermin.

  (2) Chemical control. Pesticides and rodenticides shall be applied according to §228.208 of this title.P

(l) Equipment. Equipment shall be provided to maintain time/temperature control for safety (TCS) foods at the temperatures required in accordance with Subchapter C of this chapter.Pf

(m) Garbage receptacles. Impervious receptacles shall be provided for storage of garbage and refuse.

(n) Sewage. Sewage shall be disposed through an approved facility that is:

  (1) a public sewage system;P or

  (2) an individual sewage disposal system that is sized, constructed, maintained, and operated according to law in 30 TAC Chapter 285, On-Site Sewage Facilities.P

(o) Water supply. Hot and cold water under pressurePf shall be provided and shall be from an approved source that meets the standards in accordance with:

  (1) state drinking water quality standards in accordance with 30 TAC §§290.38 - 290.47 (relating to Rules and Regulations for Public Water Systems), and 30 TAC §§290.101 - 290.114, 290.117 - 290.119, 290.121, and 290.122 (relating to Drinking Water Standards Governing Drinking Water Quality and Reporting Requirements for Public Water Systems);P or

  (2) private water system standards as provided in Subchapter J of this chapter.P

Source Note: The provisions of this §228.223 adopted to be effective October 11, 2015, 40 TexReg 6901

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