(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/temperature control for safety (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
establishment.P   (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. Pf (b) Food temperatures. All food temperature requirements
shall be met as contained in Subchapter C of this chapter.P (c) Ice. Ice that is consumed or that contacts food
shall have been made under conditions meeting the requirements of
Subchapter C of this chapter. 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.P (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.Pf   (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 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 §§228.71
- 228.75 of this title.Pf   (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 3-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.Pf (e) Single-service articles. A temporary food establishment
shall provide only single-service articles for use by the consumer.
(f) Water. 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.
Water does not need to be under pressure but shall come from approved
sources which include: commercially bottled drinking water, closed
portable water containers, enclosed vehicular water tanks, on-premise
water storage tanks, or piping, tubing or hoses connected to an approved
source.P (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.P (h) Sewage. All waste water and sewage generated from
the establishment shall be disposed of through an approved sanitary
sewage system that is:
  (1) A public sewage system;P or

  (2) An individual sewage disposal system that is sized,
constructed, maintained, and operated according to 30 TAC Chapter
285, 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
containers.Pf (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
areas.
  (1) Wall and Ceilings. Wall 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 debris.
  (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)
screens;
    (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 establishment or other limiting condition.


Source Note: The provisions of this §228.222 adopted to be effective October 11, 2015, 40 TexReg 6901