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Texas Food Establishment Rules:

Mobile Food Establishments

§229.169 Mobile Food Establishments.

(a) Mobile food establishment provisions.

(1) General. Mobile food establishments shall comply with the requirements of these rules, except as otherwise provided in this paragraph and in paragraph (2) of this subsection. The regulatory authority may impose additional requirements to protect against health hazards related to the conduct of the food establishment as a mobile operation, may prohibit the sale of some or all potentially hazardous food, and when no health hazard will result, may waive or modify requirements of this rule relating to physical facilities, except those requirements as specified in paragraphs (5) and (6) of this subsection; subsection (b)(1) of this section; subsection (c)(1)(A)-(E) of this section and §229.164(k)-(n) of this title (relating to Food).
(2) Restricted operation. Mobile food establishments that serve only food that is prepared, packaged in individual servings, transported and stored under conditions meeting the requirements of these sections, or beverages that are not potentially hazardous and are dispensed from covered urns or other protected equipment, need not comply with the requirements of these rules pertaining to the necessity of water and sewage systems nor to those requirements pertaining to the cleaning and sanitization of equipment and utensils if the required equipment for cleaning and sanitization exists at its central preparation facility.
(3) Single-service articles. Mobile food establishments shall provide only singleservice articles for use by the consumer.
(4) Existing refrigeration equipment. Existing refrigeration equipment will be upgraded to meet the 41 degree Fahrenheit requirement or replaced as specified in §229.164(n)(6)(C) of this title.
(5) Mobile water tank and mobile food establishment water tank.
(A) Approved materials. Materials that are used in the construction of a mobile water tank, mobile food establishment water tank and appurtenances shall meet the requirements specified in §229.165(a)(1)(A), (B), and (D) of this title (relating to Equipment, Utensils, and Linens).
(B) Water system. A mobile food unit requiring a water system shall meet the requirements of §229.166(a)-(d) of this title (relating to Water, Plumbing, and Waste). The system shall be of sufficient capacity to furnish enough hot and cold water for food preparation, utensil cleaning and sanitizing, and hand washing, in accordance with the requirements of these rules.
(C) Enclosed system, sloped to drain. A mobile water tank shall be enclosed from the filling inlet to the discharge outlet and sloped to an outlet that allows complete drainage of the tank. All water distribution pipes or tubing shall be constructed and installed in accordance with the requirements of these rules.
(D) Inspection and cleaning port, protected and secured. If a water tank is designed with an access port for inspection and cleaning, the opening shall be in the top of the tank and:
(i) flanged upward at least 13 millimeters (one-half inch); and
(ii) equipped with a port cover assembly that is provided with a gasket and a device for securing the cover in place, and flanged to overlap the opening and sloped to drain.
(E) "V" type threads, use limitation. A fitting with "v" type threads on a water tank inlet or outlet may be allowed only when a hose is permanently attached.
(F) Tank vent, protected. If provided, a water tank vent shall terminate in a downward direction and shall be covered with:
(i) 16 mesh to 25.4 millimeters (16 mesh to 1 inch) screen or equivalent when the vent is in a protected area; or
(ii) a protective filter when the vent is in an area that is not protected from windblown dirt and debris.
(G) 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.
(H) 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.
(I) 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.
(J) 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.
(K) Mobile food establishment tank inlet. A mobile food establishment?s water tank inlet shall be 19.1 millimeters (three-fourths inch) in inner diameter or less and provided with a hose connection of a size or type that will prevent its use for any other service.
(L) 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.
(M) 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.
(N) Protecting inlet, outlet, and hose fitting. If not in use, a water tank and hose inlet and outlet fitting shall be protected as specified under subparagraph (J) of this paragraph.
(O) Tank, pump, and hoses, dedication.
(i) Except as specified in clause (ii) of this subparagraph, 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 after each use.
(6) Sewage, other liquid waste, and rainwater.
(A) Waste retention. If liquid waste results from operation of a mobile food establishment, the waste shall be stored in a permanently installed retention tank.
(B) Capacity and drainage. A sewage holding tank in a mobile food establishment shall be:
(i) sized at least 15% larger in capacity than the water supply tank; and
(ii) sloped to a drain that is 25 millimeters (1 inch) in inner diameter or greater, equipped with a shut-off valve.
(C) All connections on the vehicle for servicing the mobile food establishment waste disposal facilities shall be of a different size or type than those used for supplying potable water to the mobile food establishment.
(D) Discharge liquid waste shall not be discharged from the retention tank while the mobile food establishment is in motion.
(E) Flushing a waste retention tank. A tank for liquid waste retention shall be thoroughly flushed and drained in a sanitary manner.
(F) Removing mobile food establishment wastes. Sewage and other liquid wastes shall be removed from a mobile food establishment at an approved waste servicing area or by a sewage transport vehicle in such a way that a public health hazard or nuisance is not created.

(b) Central preparation facility.

(1) Supplies, cleaning, and servicing operations. Mobile food establishments shall operate from a central preparation facility or other fixed food establishment and shall report to such location for supplies and for cleaning and servicing operations.
(2) Construction. The central preparation facility or other fixed food service establishment, used as a base of operation for mobile food establishments, shall be constructed and operated in compliance with the requirements of these rules.

(c) Servicing area and operations.

(1) Protection.
(A) A mobile food establishment servicing area shall be provided and shall include at least overhead protection for any supplying, cleaning, or servicing operation except those areas used only for the loading of water and/or the discharge of sewage and other liquid waste, through the use of a closed system of hoses, need not be provided with overhead protection.
(B) Within this servicing area, a location provided for the flushing and drainage of liquid wastes shall be separate from the location provided for water servicing and for the loading and unloading of food and related supplies.
(C) This servicing area will not be required where only packaged food is placed on the mobile food establishment or where mobile food establishments do not contain waste retention tanks.
(D) The surface of the servicing area shall be constructed of a smooth nonabsorbent material, such as concrete or machine-laid asphalt and shall be maintained in good repair, kept clean, and be graded to drain.
(E) Potable water servicing equipment shall be installed in the servicing area according to law and stored and handled in a way that protects the water and equipment from contamination.
(2) Construction exemption. The construction of the walls and ceilings of the servicing area is exempted from the provisions of §229.167(c)(1) of this title (relating to Physical Facilities).

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