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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 229FOOD AND DRUG
SUBCHAPTER KTEXAS FOOD ESTABLISHMENTS
RULE §229.166Water, Plumbing, and Waste

      (ii) a protective filter when the vent is in an area that is not protected from windblown dirt and debris.

    (F) Tank inlet and outlet, sloped to drain.

      (i) A water tank and its inlet and outlet shall be sloped to drain.

      (ii) A water tank inlet shall be positioned so that it is protected from contaminants such as waste discharge, road dust, oil, or grease.

    (G) Tank hose, construction and identification. A hose used for conveying drinking water from a water tank shall be:

      (i) safe;

      (ii) durable, corrosion-resistant, and nonabsorbent;

      (iii) resistant to pitting, chipping, crazing, scratching, scoring, distortion, and decomposition;

      (iv) finished with a smooth interior surface; and

      (v) clearly and durably identified as to its use if not permanently attached.

    (H) Tank filter, compressed air. A filter that does not pass oil or oil vapors shall be installed in the air supply line between the compressor and drinking water system when compressed air is used to pressurize the water tank system.

    (I) Protective cover or device. A cap and keeper chain, closed cabinet, closed storage tube, or other approved protective cover or device shall be provided for a water inlet, outlet, and hose.

    (J) Mobile food establishment tank inlet. A mobile food establishment's water tank inlet shall be:

      (i) 19.1 mm (three-fourths inch) in inner diameter or less; and

      (ii) provided with a hose connection of a size or type that will prevent its use for any other service.

    (K) Operation and maintenance, system flushing and disinfection. A water tank, pump, and hoses shall be flushed and sanitized before being placed in service after construction, repair, modification, and periods of nonuse.

    (L) Using a pump and hoses, backflow prevention. A person shall operate a water tank, pump, and hoses so that backflow and other contamination of the water supply are prevented.

    (M) Protecting inlet, outlet, and hose fitting. If not in use, a water tank and hose inlet and outlet fitting shall be protected using a cover or device as specified in subparagraph (I) of this paragraph.

    (N) Tank, pump, and hoses, dedication.

      (i) Except as specified in subparagraph (B) of this paragraph, a water tank, pump, and hoses used for conveying drinking water shall be used for no other purpose.

      (ii) Water tanks, pumps, and hoses approved for liquid foods may be used for conveying drinking water if they are cleaned and sanitized before they are used to convey water.

(j) Sewage retention, drainage, and delivery.

  (1) Food establishment drainage systems, including grease traps, that convey sewage shall be designed and installed as specified under subsection (f)(1)(A) of this section.

  (2) Backflow prevention.

    (A) Except as specified in subparagraphs (B) and (C) of this paragraph, a direct connection may not exist between the sewage system and a drain originating from equipment in which food, portable equipment, or utensils are placed.

    (B) If allowed by law, a warewashing machine may have a direct connection between its waste outlet and a floor drain when the machine is located within 1.5 m (5 feet) of a trapped floor drain and the machine outlet is connected to the inlet side of a properly vented floor drain trap.

    (C) If allowed by law, a warewashing or culinary sink may have a direct connection.

  (3) Grease trap. If used, a grease trap shall be located to be easily accessible for cleaning, operation, and maintenance.

  (4) Conveying sewage. Sewage shall be conveyed to the point of disposal through an approved sanitary sewage system or other system, including use of sewage transport vehicles, waste retention tanks, pumps, pipes, hoses, and connections that are constructed, maintained, and operated according to law.

(k) Disposal facility.

  (1) Approved sewage disposal system. Sewage shall be disposed through an approved facility that is:

    (A) a public sewage treatment plant; or

    (B) an individual sewage disposal system that is sized, constructed, maintained, and operated according to law.

  (2) Other liquid wastes and rainwater. Condensate drainage and other nonsewage liquids and rainwater shall be drained from point of discharge to disposal according to law.

(l) Storage facilities on the premises.

  (1) Indoor storage area. If located within the food establishment, a storage area for refuse, recyclables, and returnables shall meet the requirements specified under §229.167(a), (c)(1) - (8), (d)(5) and (6) of this title (relating to Physical Facilities).

  (2) Outdoor storage surface. An outdoor storage surface for refuse, recyclables, and returnables shall be constructed of nonabsorbent material such as concrete or asphalt and shall be smooth, durable, and sloped to drain.

  (3) Outdoor enclosure. If used, an outdoor enclosure for refuse, recyclables, and returnables shall be constructed of durable and cleanable materials.

  (4) Receptacles.

    (A) Except as specified in subparagraph (B) of this paragraph, receptacles and waste handling units for refuse, recyclables, and returnables and for use with materials containing food residue shall be durable, cleanable, insect and rodent-resistant, leakproof, and nonabsorbent.

    (B) Plastic bags and wet strength paper bags may be used to line receptacles for storage inside the food establishment, or within closed outside receptacles.

  (5) Receptacles in vending machines. A refuse receptacle may not be located within a vending machine, except that a receptacle for beverage bottle crown closures may be located within a vending machine.

  (6) Outside receptacles.

    (A) Receptacles and waste handling units for refuse, recyclables, and returnables used with materials containing food residue and used outside the food establishment shall be designed and constructed to have tight-fitting lids, doors, or covers.

    (B) Receptacles and waste handling units for refuse and recyclables such as an on-site compactor shall be installed so that accumulation of debris and insect and rodent attraction and harborage are minimized and effective cleaning is facilitated around and, if the unit is not installed flush with the base pad, under the unit.

  (7) Storage areas, rooms, and receptacles, capacity and availability.

    (A) An inside storage room and area and outside storage area and enclosure, and receptacles shall be of sufficient capacity to hold refuse, recyclables, and returnables that accumulate.

    (B) A receptacle shall be provided in each area of the food establishment or premises where refuse is generated or commonly discarded, or where recyclables or returnables are placed.

    (C) If disposable towels are used at handwashing lavatories, a waste receptacle shall be located at each lavatory or group of adjacent lavatories.

  (8) Toilet room receptacle, covered. A toilet room used by females shall be provided with a covered receptacle for sanitary napkins.

  (9) Cleaning implements and supplies.

    (A) Except as specified in subparagraph (B) of this paragraph, suitable cleaning implements and supplies such as high pressure pumps, hot water, steam, and detergent shall be provided as necessary for effective cleaning of receptacles and waste handling units for refuse, recyclables, and returnables.

    (B) If approved, off-premises-based cleaning services may be used if on-premises cleaning implements and supplies are not provided.

  (10) Storage areas, redeeming machines, receptacles and waste handling units, location.

    (A) An area designated for refuse, recyclables, returnables, and, except as specified in subparagraph (B) of this paragraph, a redeeming machine for recyclables or returnables shall be located so that it is separate from food, equipment, utensils, linens, and single-service and single-use articles and a public health hazard or nuisance is not created.

    (B) A redeeming machine may be located in the packaged food storage area or consumer area of a food establishment if food, equipment, utensils, linens, and single-service and single-use articles are not subject to contamination from the machines and a public health hazard or nuisance is not created.

    (C) The location of receptacles and waste handling units for refuse, recyclables, and returnables may not create a public health hazard or nuisance or interfere with the cleaning of adjacent space.

  (11) Storing refuse, recyclables, and returnables. Refuse, recyclables, and returnables shall be stored in receptacles or waste handling units so that they are inaccessible to insects and rodents.

  (12) Areas, enclosures, and receptacles, good repair. Storage areas, enclosures, and receptacles for refuse, recyclables, and returnables shall be maintained in good repair.

  (13) Outside storage prohibitions.

    (A) Except as specified in subparagraph (B) of this paragraph, refuse receptacles not meeting the requirements specified under subsection (l)(4)(A) of this section such as receptacles that are not rodent-resistant, unprotected plastic bags and paper bags, or baled units that contain materials with food residue may not be stored outside.

    (B) Cardboard or other packaging material that does not contain food residues and that is awaiting regularly scheduled delivery to a recycling or disposal site may be stored outside without being in a covered receptacle if it is stored so that it does not create a rodent harborage problem.

  (14) Covering receptacles. Receptacles and waste handling units for refuse, recyclables, and returnables shall be kept covered:

    (A) inside the food establishment if the receptacles and units:

      (i) contain food residue and are not in continuous use; or

      (ii) after they are filled; and

    (B) with tight-fitting lids or doors if kept outside the food establishment.

  (15) Using drain plugs. Drains in receptacles and waste handling units for refuse, recyclables, and returnables shall have drain plugs in place.

  (16) Maintaining refuse areas and enclosures. A storage area and enclosure for refuse, recyclables, or returnables shall be maintained free of unnecessary items, as specified under §229.167(p)(15) of this title, and clean.

  (17) Cleaning receptacles.

    (A) Receptacles and waste handling units for refuse, recyclables, and returnables shall be thoroughly cleaned in a way that does not contaminate food, equipment, utensils, linens, or single-service and single-use articles, and waste water shall be disposed of as specified under subsection (j)(4) of this section.

    (B) Soiled receptacles and waste handling units for refuse, recyclables, and returnables shall be cleaned at a frequency necessary to prevent them from developing a buildup of soil or becoming attractants for insects and rodents.

(m) Refuse removal.

  (1) Frequency. Refuse, recyclables, and returnables shall be removed from the premises at a frequency that will minimize the development of objectionable odors and other conditions that attract or harbor insects and rodents.

  (2) Receptacles or vehicles. Refuse, recyclables, and returnables shall be removed from the premises by way of:

    (A) portable receptacles that are constructed and maintained according to law; or

    (B) a transport vehicle that is constructed, maintained, and operated according to law.

(n) Facilities for disposal and recycling, community or individual facility. Solid waste not disposed of through the sewage system such as through grinders and pulpers shall be recycled or disposed of in an approved public or private community recycling or refuse facility; or solid waste shall be disposed of in an individual refuse facility such as a landfill or incinerator which is sized, constructed, maintained, and operated according to law.


Source Note: The provisions of this §229.166 adopted to be effective March 15, 2006, 31 TexReg 1654

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