Every food establishment shall comply with all of the following items of the sanitation.
(A) Floors. The floors of all rooms in which food or drink is stored, prepared or served, or in which are washed, shall be of such construction as to be easily cleaned, and shall be kept clean and in good repair.
(B) Walls and ceilings. Walls and ceilings of all rooms shall be kept clean and in good repair. All walls and ceilings of rooms in which food or drink is stored or prepared shall be finished in light color, if separate from room or rooms in which food or drink is served; all compartments or sections in which food or drink is served; all compartments or sections in which food or drink is prepared or stored shall be finished in light color if in the same room in which food or drink is served. The walls of all rooms in which food or drink is prepared on utensils are washed shall have a smooth, non-absorbent, washable surface.
(C) Doors and windows. All openings into the outer air shall be screened in such a manner as to prevent the entrance of flies into the food establishment unless other means which prevent the entrance of flies are provided.
(D) Lighting. All rooms in which food or drink is stored or prepared, or in which utensils are washed, must have adequate lighting. Light fixtures in food preparation areas must have protective covers.
(E) Ventilation. All rooms in which food or drink is stored, prepared or served, or in which utensils are washed, shall be well ventilated.
(F) Toilet facilities. Every food establishment shall be provided with toilet facilities located on the premises for its employees. Toilet facilities shall conform with the plumbing ordinance of the city. Toilet rooms shall be kept in a clean condition and in good repair and shall be well lighted and have outside ventilation. The doors of all toilet rooms shall be self-closing. Signs directing employees to wash their hands before returning to work shall be posted in each toilet room used by the food handlers. All food establishments for which a new permit is requested at any time six months after the effective day of this chapter will be required to have separate toilet facilities for each sex, and the toilet rooms of such food establishments shall not open directly into any room in which food, drink or utensils are handled or stored.
(G) Water supply. Hot running water under pressure shall be easily accessible to all rooms in which food is prepared or utensils are washed; the water supply shall be ample in quantity to ensure proper cleaning of floors, equipment and utensils, and shall be safe for human consumption, and be from an approved source.
(H) Lavatory facilities. Separate hand-washing facilities, including hot and cold running water, soap and individual cloth or paper towels, shall be provided in the food preparation area of every food establishment. The use of a common towel is prohibited. No food handler shall resume work after using the toilet room without first washing his or her hands. Sinks used for food preparation or for washing equipment or utensils shall not be used for hand washing.
(I) Construction of utensils and equipment. All multi-use utensils and all show and display cases or windows, counters, shelves, tables, refrigerating equipment, sink and other equipment or utensils used in connection with the operation of a food establishment shall be so constructed as to be easily cleaned and shall be kept in good repair.
(J) Cleaning and bactericidal treatment of utensils and equipment.
(1) All equipment, including display cases or windows, counters, shelves, tables, refrigerators, stoves, hoods and sinks shall be kept clean and free from dust, dirt, insects and other contaminating substances. All clothes used by food handlers shall be cleaned daily. Single-service containers and utensils shall be used only once.
(2) The provisions of Tex. Health and Safety Code §§ 431.001 et seq. and Texas Department of Health, Rules for Food Service Sanitation passed before the enactment of this chapter are adopted as a portion of this chapter so far as applicable.
(a) Tableware shall be washed, rinsed and sanitized after each use.
(b) To prevent cross-contamination, kitchenware and food-contact surfaces of equipment shall be washed, rinsed and sanitized after each use and following any interruption of operations during which time contamination may have occurred.
(c) Where equipment and utensils are used for the preparation of potentially hazardous foods on a continuous or production-line basis, utensils and the food-contact surfaces of equipment shall be washed, rinsed and sanitized at intervals throughout the day on a schedule based on food temperature, type of food and amount of food particle accumulation.
(d) The food-contact surfaces of grills, griddles and similar cooking devices and the cavities and door seals of microwave ovens shall be cleaned at least once a day; except that this shall not apply to hot-oil cooking equipment and hot-oil filtering systems. The food-contact surfaces of all cooking equipment shall be kept free of encrusted grease deposits and other accumulated soil.
(e) A three-compartment sink shall be used if washing, rinsing and sanitizing of utensils and equipment is done manually; provided that existing establishments not having a three-compartment sink that can demonstrate an acceptable procedure for washing, rinsing and sanitizing utensils and equipment may be exempt from this requirement by the regulatory authority. Sinks shall be large enough to permit the complete immersion of the utensils and equipment, and each compartment sink shall be supplied with hot and cold potable running water. A two-compartment sink will be acceptable where only single-service tableware is used. Suitable equipment shall be made available if washing, rinsing and sanitizing cannot be accomplished by immersion.
(f) The food-contact surfaces of all equipment and utensils shall be sanitized by:
1. Immersion for at least one-half minute in clean, hot water at a temperature of at least 170°F (77°C);
2. Immersion for at least one minute in a clean solution containing at least 50 parts per million of available chlorine as a hypochlorite and a temperature of at least 75°F (24°C);
3. Immersion for at least one minute in a clean solution containing at least 12.5 parts per million of available iodine and having a pH not higher that 5.0 and at a temperature of at least 75°F (24°C);
4. Immersion for at least one minute in a clean solution containing chlorine and bromine made up at a strength of 25 parts per million total available halogen at a temperature of not less than 75°F (24°C), and not to be used after its strength has been reduced below 12.5 parts per million;
5. Immersion in a solution containing an approved quaternary ammonium compound (Q.A.C.) at a strength and for a period of time as stated on the product’s officially approved label. Quaternary ammonium compounds refers to products approved and registered with the U.S. Environmental Protection Agency;
6. Immersion in a solution containing acid sanitizer compounds at a strength and for a period of time as stated on the product’s officially approved label. Acid sanitizer compounds refers to products approved and registered with the U.S. Environmental Protection Agency;
7. Immersion in a clean solution containing any other chemical sanitizing agent approved by the Texas Board of Health that will provide the equivalent bactericidal effect of a solution containing at least 50 parts per million of available chlorine as a hypochlorite at a temperature of at least 75°F (24°C) for one minute;
8. Treatment with steam free from harmful materials or additives in case of equipment too large to sanitize by immersion, but in which steam can be confined; or
9. Rinsing, spraying or swabbing with a chemical sanitizing solution of at least twice the strength required for that particular sanitizing solution under subdivision (J)(2)(f)7. of this section, in the case of equipment too large to sanitize by immersion;
(g) When hot water is used for sanitizing, the following facilities shall be provided and used:
1. An integral heating device or fixture installed in, on or under the sanitizing compartment of the sink capable of maintaining the water at a temperature of at least 170°F (77°C);
2. A numerically scaled indicating thermometer, accurate to plus or -3°F, convenient to the sink for frequent checks of water temperature; and
3. Dish baskets of such size and design to permit complete immersion of the tableware, kitchenware and equipment in the hot water;
(h) When chemicals are used for sanitization, a test kit or other device that accurately measures the parts-per-million concentration of the solution shall be provided and used.
(i) Cleaning and sanitizing may be done by spray-type or immersion dishwashing machines or by any other type of machine or device if it is demonstrated that it throughly cleans and sanitizes equipment and utensils. These machines and devices shall be properly installed and maintained in good repair. Machines and devices shall be operated in accordance with manufacturers’ instructions, and utensils and equipment placed in the machine shall be exposed to all dishwashing cycles. Automatic detergent dispensers, wetting agent dispensers and liquid sanitizer injectors, if any, shall be properly installed and maintained.
(j) No other means of bactericidal treatment may be used unless approved by the Health Official. The Health Official is hereby authorized to issue rule’s approving the use of other equally effective bactericidal processes, but he or she shall approve only such processes as effectively destroy pathogen organisms and do not adversely affect the equipment or the food or drink or the health of the consumer.
(3) Every vat used for washing, rinsing and sterilizing of utensils and other food establishment equipment as required under state law shall be connected with the public sanitary sewer system, when available, in the manner prescribed by the plumbing ordinance of the city, and shall be provided with hot running water under pressure.
(K) Storage and handling of utensils and equipment. After bactericidal treatment, utensils shall be stored in a clean, dry place, protected from flies, dust and other contamination, and shall be handled in such manner as to prevent contamination as far as practicable. Single-service utensils shall be purchased only in sanitary containers, shall be stored therein in a clean, dry place until used and shall be handled in a sanitary manner.
(L) Disposal of wastes. All wastes shall be disposed of in a sanitary manner and in accordance with the provision of the plumbing ordinance and all garbage and trash shall be kept in covered receptacles conforming with the requirements of Chapter 51 (garbage regulations), and all amendments thereto.
(M) Wholesomeness of food and drink. All food and drink shall be clean and wholesome, free from spoilage, and so prepared as to be safe for human consumption. No food establishment shall serve any milk, milk fluid products, ice cream or other frozen desserts unless such products have been obtained from an approved source. Milk and fluid products, except cream, shall be served in the individual original containers in which they were received from the distributor or from a bulk container equipped with a dispensing device approved by the Health Official. Cream may be served from the original bottle or from a dispenser. All potentially hazardous foods must be held at temperatures higher than 140°F, or lower and 45°F. All food must be prepared within the enclosed portion of the premises. No food shall be prepared outdoors.
(N) Storage, display and service of food and drink. All food and drink shall be so rated, stored, displayed and served as to be protected from dust, flies, vermin depredation and pollution by rodents, unnecessary handling, droplet infection, overhead leakage and other contamination. No live animals or live fowls (seeing-eye dogs actually used by a blind person excluded) shall be brought into or kept or allowed in any room in which food or drink is prepared, stored or served. The food establishment must be free of flies, roaches and rodents.
(O) Cleanliness and health of employees. All employees shall wear clean outer garments and shall keep their hands clean at all times while engaging in handling food, drink, utensils or equipment; employees shall not eat, expectorate or use tobacco in any form in rooms in which food is prepared. Fingernails must be clean and closely clipped. All employees shall wash hands thoroughly with soap and water before handling food and after each use of the restroom. Each employee shall avoid direct handling of food in event of open sores on the skin, especially sores on the hands. Each employee shall avoid all food handling during periods of illnesses, especially gastroenteritis (vomiting, diarrhea), and during hepatitis (“yellow” jaundice). Each employee shall have a medical examination by his or her own physician or the Health Department Physician whenever an outbreak of food borne illness occurs among co-workers or patrons. Employees shall tell supervisor or the Health Department about any questionable food sanitation practices they see at work that might spread disease, and to report the Health Department all cases of hepatitis in persons working as food handlers.
(P) Miscellaneous.
(1) The premises of all food establishments shall be kept clean and free of litter or rubbish. In so far as practicable, dustless methods shall be employed in sweeping all floors.
(2) None of the operations connected with a food establishment shall be conducted in any room used as living or sleeping quarters or in any room opening directly into any such living or sleeping quarters. Lockers or dressing rooms on the premises shall be provided for employees’ clothing and shall be kept clean. Soiled linens, coats and aprons shall be kept in containers provided for this purpose.
(Q) Temporary food establishments. The sanitation requirements set out in divisions (A) through (P) above, shall be applicable to temporary food establishment food establishments. The City Health Official is authorized to make such inspections of establishments he or she may deem necessary for the protection of public health and to require such compliance with provisions of this chapter as will, in his or her judgement, safeguard the public health. No temporary food establishment food establishment shall be operated for a longer period than ten days in any calendar year, and any operation for a longer period than ten days shall subject such temporary food establishments to all the provisions requiring permits, permanent installations, prescribed equipment and specifications for floors, screens and all other improvements.
(Ord. passed - -) Penalty, see § 112.99