Public health protection.

1. (1) The regulatory authority shall apply this chapter to promote its underlying purpose, as specified in §228.1 of this title, of safeguarding public health and ensuring that food is safe, unadulterated, and honestly presented when offered to the consumer.

2. (2) In enforcing the provisions of this chapter, the regulatory authority shall assess existing facilities or equipment that were in use before the effective date of this chapter based on the following considerations:

   1. (A) whether the facilities or equipment are in good repair and capable of being maintained in a sanitary condition;
   2. (B) whether food-contact surfaces comply with §228.101 of this title;
   3. (C) whether the capacities of cooling, heating, and holding equipment are sufficient to comply with §228.107(a) of this title; and
   4. (D) the existence of a documented agreement with the permit holder that the facilities or equipment will be replaced as specified in §228.248(7) of this title.

Source Note:The provisions of this §228.241 adopted to be effective October 11, 2015, 40 TexReg 6901.