1. (a) Self-Service Food Markets shall comply with the minimum standards of this section.

2. (b) Self-Service Food Markets shall:

   1. (1) be equipped with 24/7 video surveillance records of consumers viewing, selecting, handling, and purchasing products that identify these customers. Video surveillance records must be maintained and available for the regulatory authority for a period of 14 calendar days;^Pf and
   2. (2) provide information to the regulatory authority as to the responsible party that will be available for routine inspections.^Pf

3. (c) Pre-packaged food sold at a Self-Service Food Market shall:

   1. (1) meet the labeling requirements as specified in §228.62(a)(3) of this title;^P and
   2. (2) be tamper evident.^P

4. (d) A food specified in §228.75(g)(1) or (2) or (h) of this title shall be discarded if it:

   1. (1) exceeds the temperature or time specified in §228.75(g)(1) and (2) of this title, except time that the product is frozen;^P
   2. (2) is in a container or package that does not bear an expiration date or day;^P or
   3. (3) is not appropriately marked with a date or day that exceeds the temperature and time combination as specified in §228.75(g)(1) and (2) of this title.^P

5. (e) All self-service food market display units offering refrigerated, time/temperature controlled for safety (TCS) food 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. (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 Subchapter D of this chapter;^Pf and
   2. (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 on Subchapter C of this chapter.^Pf
6. (f) When a condition specified in subsection (e)(1) of this section occurs, the ambient temperature may not exceed forty-one degrees Fahrenheit (five degrees Celsius) for more than thirty minutes immediately after the display is filled, serviced, or restocked.^Pf

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

   1. (1) equipped with a self-closing door;^Pf or
   2. (2) maintained at forty-one degrees Fahrenheit (five degrees Celsius) if it is an open display unit.^Pf

8. (h) Self-Service Food Markets shall have a sign readily visible from the automated payment kiosk stating:

   1. (1) the name of the business to whom complaints/ comments shall be addressed,
   2. (2) the address of the business responsible for the market, and
   3. (3) the responsible business' telephone number and email or web information, when applicable.
9. (i) When a retail food establishment operating as a Self-Service Food Market incorporates the provision in this section, they will not be required to maintain a person in charge onsite as specified in §228.34 of this title.^Pf

Source Note:The provisions of this §228.225 adopted to be effective October 11, 2015, 40 TexReg 6901.