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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 228RETAIL FOOD
SUBCHAPTER ICOMPLIANCE
RULE §228.244Facility and Operating Plans

(a) When plans are required. A permit applicant or permit holder may be required to submit to the regulatory authority properly prepared plans and specifications for review and approval before:

  (1) the construction of a food establishment;Pf

  (2) the conversion of an existing structure for use as a food establishment;Pf or

  (3) the remodeling of a food establishment or a change of type of food establishment or food operation as specified in Chapter 229, Subchapter Q of this title (relating to License/Permit Applications), or under the conditions set by the regulatory authority, if the regulatory authority determines that plans and specifications are necessary to ensure compliance with this code.Pf

(b) Contents of the plans and specifications. The plans and specifications for a food establishment, including a food establishment specified in §228.244(c) of this title, shall include, as required by the regulatory authority based on the type of operation, type of food preparation, and foods prepared, the following information to demonstrate conformance with code provisions:

  (1) intended menu;

  (2) anticipated volume of food to be stored, prepared, and sold or served;

  (3) proposed layout, mechanical schematics, construction materials, and finish schedules;

  (4) proposed equipment types, manufacturers, model numbers, locations, dimensions, performance capacities, and installation specifications;

  (5) evidence that standard procedures that ensure compliance with the requirements of this rule are developed or are being developed; and

  (6) other information that may be required by the regulatory authority for the proper review of the proposed construction, conversion or modification, and procedures for operating a food establishment.

(c) When a HACCP plan is required.

  (1) Before engaging in an activity that requires a HACCP plan, a food establishment shall submit to the regulatory authority for approval a properly prepared HACCP plan as specified in subsection (d) of this section and the relevant provisions of this chapter if:

    (A) submission of a HACCP plan is required according to law;

    (B) a variance is required as specified in §228.71(a)(4)(D) and §228.76, or §228.106(j)(2) of this title; or

    (C) the regulatory authority determines that a food preparation or processing method requires a variance based on a plan submittal specified in §228.244(b) of this title, an inspectional finding or a variance request.

  (2) A food establishment shall have a properly prepared HACCP plan as specified in subsection (d) of this section.

  (3) Before engaging in reduced oxygen packaging without a variance as specified in §228.77 of this title, a food establishment shall submit a properly prepared HACCP plan to the regulatory authority.

(d) Contents of a HACCP plan. For a food establishment that is required in subsection (a) of this section to have a HACCP plan, the plan and specifications shall indicate:

  (1) a categorization of the types of time/temperature control for safety (TCS) foods that are specified in the menu such as soups and sauces, salads, and bulk, solid foods such as meat roasts, or of other foods that are specified by the regulatory authority;Pf

  (2) a flow diagram by specific food or category type identifying critical control points and providing information on the following:

    (A) ingredients, materials, and equipment used in the preparation of that food;Pf and

    (B) formulations or recipes that delineate methods and procedural control measures that address the food safety concerns involved;Pf

  (3) food employee and supervisory training plan that addresses the food safety issues of concern;Pf

  (4) a statement of standard operating procedures for the plan under consideration including clearly identifying:

    (A) each critical control point;Pf

    (B) the critical limits for each critical control point;Pf

    (C) the method and frequency for monitoring and controlling each critical control point by the food employee designated by the person in charge;Pf

    (D) the method and frequency for the person in charge to routinely verify that the food employee is following standard operating procedures and monitoring critical control points;Pf

    (E) action to be taken by the person in charge if the critical limits for each critical control point are not met;Pf and

    (F) records to be maintained by the person in charge to demonstrate that the HACCP plan is properly operated and managed;Pf and

  (5) Additional scientific data or other information, as required by the regulatory authority, supporting the determination that food safety is not compromised by the proposal.Pf


Source Note: The provisions of this §228.244 adopted to be effective October 11, 2015, 40 TexReg 6901

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