(a) In addition to the requirements adopted in Section 17-3.1 of this chapter, the requirements contained in this section govern food at food establishments.
(b) Preventing contamination by employees.
(1) Preventing contamination from hands.
(A) Food employees shall wash their hands as specified under Section 228.38(a) of the Texas Food Establishment Rules (relating to management and personnel).
(B) Except when washing fruits and vegetables as specified in Section 228.66(e) of the Texas Food Establishment Rules, food employees shall avoid contact of exposed ready-to-eat food with their bare hands by use of suitable utensils such as deli tissue, spatulas, tongs, or single-use gloves.
(C) Food employees shall minimize bare hand and arm contact with exposed food that is not in a ready-to-eat form.
(2) 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.
(c) Preventing contamination from the premises.
(1) Food storage.
(A) Except as specified in Section 17-3.2(c)(1)(B) and (C), food must be protected from contamination by storing the food:
(i) in a clean, dry location;
(ii) where it is not exposed to splash, dust, or other contamination; and
(iii) at least 15 centimeters (6 inches) above the floor.
(B) Food in packages and working containers may be stored less than 15 centimeters (6 inches) above the floor on case lot handling equipment as specified under Section 228.106(v) of the Texas Food Establishment Rules.
(C) Pressurized beverage containers, cased food in waterproof containers such as bottles or cans, and milk containers in plastic crates may be stored on a floor that is clean and not exposed to floor moisture.
(2) Food storage, prohibited areas. Food may not be stored:
(A) in locker rooms;
(B) in toilet rooms;
(C) in dressing rooms;
(D) in garbage rooms;
(E) in mechanical rooms;
(F) under sewer lines that are not shielded to intercept potential drips;
(G) under leaking water lines, including leaking automatic fire sprinkler heads, or under lines on which water has condensed;
(H) under open stairwells; or
(I) under other sources of contamination.
(d) Outside distribution of time/temperature control for safety food. A food establishment that serves, sells, or distributes time/temperature control for safety food outside the premises of a fixed facility must maintain the food at a safe temperature.
(e) Outdoor bars.
(1) An outdoor bar is a food establishment that prepares and serves only beverages at a location not completely housed inside a fixed facility.
(A) the director finds that the outdoor bar will not result in a health or safety hazard or nuisance; and
(B) the outdoor bar is either:
(i) limited to a single, fixed structure; or
(ii) meets the requirements of this chapter pertaining to a Class II mobile food unit; and
(C) the outdoor bar complies with all other requirements of this chapter.
(3) An outdoor bar in compliance with Section 17-3.2(e)(2)(B)(i) must:
(A) have overhead protection of a suitable material that:
(i) completely covers the food preparation area;
(ii) extends at least 18 inches beyond the edge of the service counter; and
(iii) if the overhead protection extends to or beyond the edge of a swimming pool, is guttered to prevent the drainage of rainwater into the swimming pool;
(B) have service counters, walls, partitions, and doors constructed and finished to impede the entrance of rodents;
(C) store and dispense utensils, single service articles, and bar condiments and other unpackaged food only in containers with sealed, self- closing doors;
(D) dispense ice only from automatic ice dispensers or from containers with sealed, self- closing doors;
(E) provide only single service articles for use by the consumer; and
(F) store food (including beverages), utensils, and single service articles in cabinets that are sealed to adequately protect the stored items from contamination by dust, water, insects, and rodents during the times the outdoor bar is not open for business.
(f) Labeling of foods. Bulk, unpackaged foods that are apportioned to consumers with the assistance of food establishment personnel, including bakery products, need not be labeled if:
(1) a health or nutrient content claim, or other claim, is not made;
(2) the food is manufactured or prepared on the premises of the food establishment that is owned by the same person and is licensed by the food regulatory agency that has primary jurisdiction; and
(3) ingredients contained in the food, including potential allergens, are provided to the consumer on request from a recipe book or by other means.
(g) Food transportation.
(1) Transportation. A food establishment that transports food shall:
(A) comply with the applicable requirements of Section 17-3.2(c) during the transportation of food;
(B) transport the food in a clean conveyance;
(C) protect food and utensils from contamination by completely wrapping or packaging, except that foods in original individual packages do not need to be overwrapped or covered if the original package is intact.
(2) Carryout food. A food establishment that prepares food for off premises consumption shall place the food in a sack or closed container, or wrap the food in a way that protects it from adulteration, unless:
(A) the food is served in an individual serving;
(B) the food is intended for immediate consumption; and