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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 228RETAIL FOOD
SUBCHAPTER CFOOD
RULE §228.65Preventing Contamination by Employees

(a) Preventing contamination from hands.

  (1) Food employees shall wash their hands as specified in §228.38 of this title.

  (2) Except when washing fruits and vegetables as specified in §228.66(e) of this title or as specified in paragraphs (4) and (5) of this subsection, food employees may not contact exposed, ready-to-eat food with their bare hands and shall use suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment.P

  (3) Food employees shall minimize bare hand and arm contact with exposed food that is not in a ready-to-eat form.P

  (4) paragraph (2) of this section does not apply to a food employee that contacts exposed, ready-to-eat food with bare hands at the time the ready-to-eat food is being added as an ingredient to a food that:

    (A) contains a raw animal food and is to be cooked in the food establishment to heat all parts of the food to the minimum temperatures specified in §228.71(a)(1) - (2) or (b) of this title; or

    (B) does not contain a raw animal food but is to be cooked in the food establishment to heat all parts of the food to a temperature of at least 63 degrees Celsius (145 degrees Fahrenheit).

  (5) Food employees not serving a highly susceptible population may contact exposed, ready-to-eat food with their bare hands if:

    (A) the permit holder has obtained approval from the regulatory authority and maintains proof of the approval at the facility for review during inspection;P

    (B) written procedures are maintained in the food establishment and made available to the regulatory authority upon request that include for each bare hand contact procedure, a listing of the specific ready-to-eat foods and food additives that are touched by bare hands;P

    (C) a written employee health policy that details how the food establishment complies with §§228.35 - 228.37 of this title including:

      (i) documentation that food employees and conditional employees acknowledge that they are informed to report information about their health and activities as they relate to gastrointestinal symptoms and diseases that are transmittable through food as specified in §228.35(a) of this title;

      (ii) documentation that food employees and conditional employees acknowledge their responsibilities as specified in §228.35(e) and (f) of this title; and

      (iii) documentation that the person in charge acknowledges the responsibilities as specified in §228.35(b), (c) and (d), and §228.36 and §228.37 of this title;

    (D) documentation is maintained at the food establishment that food employees acknowledge that they have received training in:

      (i) the risks of contacting the specific ready-to-eat foods with bare hands;

      (ii) proper handwashing as specified in §228.38 of this title;

      (iii) when to wash their hands as specified in §228.38(d) of this title;

      (iv) where to wash their hands as specified in §228.38(e) of this title;

      (v) proper fingernail maintenance as specified in §228.39 of this title;

      (vi) prohibition of jewelry as specified in §228.40 of this title;

      (vii) good hygienic practices as related to §228.42(a) and (b) of this title; and

      (viii) employee health policies that detail how the food establishment complies with §§228.35 - 228.37 of this title;P

    (E) documentation that hands are washed before food preparation and as necessary to prevent cross contamination by food employees as specified in §228.38(a), (b), (d), and (e) of this title during all hours of operation when the specific ready-to-eat foods are prepared;P

    (F) documentation is maintained at the food establishment that food employees contacting ready-to-eat foods with bare hands utilize two or more of the following control measures to provide additional safeguards to hazards associated with bare hand contact:

      (i) double handwashing;P

      (ii) nail brushes;P

      (iii) a hand sanitizer after handwashing as specified in §228.38(f) of this title;P

      (iv) incentive programs that assist or encourage food employees not to work when they are ill such as paid sick leave;P

      (v) other control measures approved by the regulatory authority;P and

    (G) documentation is maintained at the food establishment that corrective actions are taken when subparagraphs (A) - (E) of this paragraph are not followed.P

(b) Preventing contamination when tasting. A food employee may not use a utensil more than once to taste food that is to be sold or served.P


Source Note: The provisions of this §228.65 adopted to be effective October 11, 2015, 40 TexReg 6901

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