<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 228RETAIL FOOD
SUBCHAPTER HREQUIREMENTS APPLICABLE TO CERTAIN ESTABLISHMENTS
RULE §228.225Self-Service Food Market

(a) Self-Service Food Markets shall comply with the minimum standards of this section.

(b) Self-Service Food Markets shall:

  (1) be equipped with 24/7 video surveillance records of consumers viewing, selecting, handling, and purchasing products that identify these customers. Video surveillance records must be maintained and available for the regulatory authority for a period of 14 calendar days;Pf and

  (2) provide information to the regulatory authority as to the responsible party that will be available for routine inspections.Pf

(c) Pre-packaged food sold at a Self-Service Food Market shall:

  (1) meet the labeling requirements as specified in §228.62(a)(3) of this title;P and

  (2) be tamper evident.P

(d) A food specified in §228.75(g)(1) or (2) or (h) of this title shall be discarded if it:

  (1) exceeds the temperature or time specified in §228.75(g)(1) and (2) of this title, except time that the product is frozen;P

  (2) is in a container or package that does not bear an expiration date or day;P or

  (3) is not appropriately marked with a date or day that exceeds the temperature and time combination as specified in §228.75(g)(1) and (2) of this title.P

(e) All self-service food market display units offering refrigerated, time/temperature controlled for safety (TCS) food shall have an automatic shut-off control or a plan approved by the regulatory authority that prevents the market or market equipment from dispensing food if:

  (1) there is a power failure, mechanical failure, or other condition that results in failure of the equipment to maintain food temperatures as specified under Subchapter D of this chapter;Pf and

  (2) where a condition specified in paragraph (1) of this subsection occurs, until the equipment is serviced and restocked with food that has been maintained at temperatures specified on Subchapter C of this chapter.Pf

(f) When a condition specified in subsection (e)(1) of this section occurs, the ambient temperature may not exceed forty-one degrees Fahrenheit (five degrees Celsius) for more than thirty minutes immediately after the display is filled, serviced, or restocked.Pf

(g) All self-service food market display units offering TCS food, shall be:

  (1) equipped with a self-closing door;Pf or

  (2) maintained at forty-one degrees Fahrenheit (five degrees Celsius) if it is an open display unit.Pf

(h) Self-Service Food Markets shall have a sign readily visible from the automated payment kiosk stating:

  (1) the name of the business to whom complaints/ comments shall be addressed,

  (2) the address of the business responsible for the market, and

  (3) the responsible business' telephone number and email or web information, when applicable.

(i) When a retail food establishment operating as a Self-Service Food Market incorporates the provision in this section, they will not be required to maintain a person in charge onsite as specified in §228.34 of this title.Pf


Source Note: The provisions of this §228.225 adopted to be effective October 11, 2015, 40 TexReg 6901

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page