Texas Administrative Code
Title 25 - HEALTH SERVICES
Part 1 - DEPARTMENT OF STATE HEALTH SERVICES
Chapter 228 - RETAIL FOOD ESTABLISHMENTS
Subchapter H - REQUIREMENTS APPLICABLE TO CERTAIN ESTABLISHMENTS
Section 228.225 - Self-Service Food Market

Universal Citation: 25 TX Admin Code ยง 228.225

Current through Reg. 49, No. 38; September 20, 2024

(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 consumers. Video surveillance records must be maintained and available for the regulatory authority for a period of 14 calendar days from the date of the video; and

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

(c) Pre-packaged food sold at a self-service food market shall:

(1) meet the labeling requirements as specified in Food Code, Paragraph 3-201.11(C); and

(2) be tamper evident.

(d) A food specified in Food Code, Paragraphs 3-501.17(A) or (B) or §3-501.18 shall be discarded if it:

(1) exceeds the temperature or time specified in Food Code, Paragraphs 3-501.17(A) and (B), except time that the product is frozen;

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

(3) is not appropriately marked with a date or day that exceeds the temperature and time combination as specified in Food Code, Paragraphs 3-501.17(A) and (B).

(e) All self-service food market display-units offering refrigerated, time and temperature control for safety foods (TCS foods) 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 Food Code, Chapter 4 - Equipment, Utensils, and Linens; 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 in Food Code, Subparts 3-202, 3-401-403, and 3-501, § 228.62 of this chapter (relating to Specifications for Receiving), and § 228.64 of this chapter (relating to Donation of Foods).

(f) When a condition specified in subsection (e)(1) of this section occurs, the ambient temperature may not exceed five degrees Celsius (41 degrees Fahrenheit), or seven degrees Celsius (45 degrees Fahrenheit) for a unit holding raw shell eggs only, for more than 30 minutes immediately after the display is filled, serviced, or restocked.

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

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

(2) maintained at five degrees Celsius (41 degrees Fahrenheit), or seven degrees Celsius (45 degrees Fahrenheit) for raw shell eggs, if it is an open display unit.

(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 or comments shall be addressed;

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

(3) the responsible business's 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, it will not be required to maintain a person in charge onsite as specified in Food Code, Paragraph 2-101.11(A).

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