1. (a) Plant and grounds.

   1. (1) Storage and transportation of food shall be under conditions that will protect food against physical, chemical, and microbial contamination as well as against deterioration of the food and the container.
   2. (2) Food storage facilities shall be properly constructed and maintained. All walls, ceilings, and floors shall be intact to preclude entry of vermin and environmental contaminants.
   3. (3) Doors and loading docks shall be tight-fitting and kept closed at all times when not in use, or adequately screened during normal operating hours to prevent entry of rodents, birds, or other pests.
   4. (4) Outer premises, including trash receptacles, shall be kept clean and free of odors, debris, high weeds, or standing water which could harbor or attract vermin.
   5. (5) Adequate lighting shall be provided to facilitate cleaning and inspection of stored goods.

2. (b) Sanitary facilities.

   1. (1) Hand-washing and toilet facilities shall be provided and maintained, including hot and cold running water, hand soap, and single-service towels as deemed appropriate by the regulatory authority for the types of foods handled by the licensee.
   2. (2) Wastewater shall be disposed of in a manner approved by the regulatory authority.

3. (c) Sanitary operations.

   1. (1) All foods, including refrigerated and frozen foods, shall be stored off the floor and away from walls to help prevent contamination by vermin (rodents and insects for example) and moisture, and to facilitate cleaning and inspection.

   2. (2) Food storage facilities and transportation vehicles shall be kept free of rodents, insects, birds, and other pests which may contaminate food which includes:

      1. (A) no evidence of pest activity in non-food areas;
      2. (B) no evidence of pest activity in food storage areas; and
      3. (C) no evidence of pest activity in or on food products, food packaging or food preparation utensils, equipment or devices.
   3. (3) Damaged, distressed, and infested foods shall be stored in a "morgue area," adequately separated from undamaged foods and shall be disposed of in a timely manner to preclude further contamination.

   4. (4) The internal temperature of potentially hazardous foods during transport and storage shall be maintained at or below 41 degrees Fahrenheit as appropriate for the food using methods that include refrigeration, pre-chilled insulated coolers, dry ice, or storage on ice made from potable water. The method used must maintain the required temperature for the entire length of time the food is in transport or storage.

      1. (A) Frozen foods shall be kept frozen at all times.
      2. (B) Shell eggs after initial packing, must be transported and stored at a temperature of 45 degrees Fahrenheit or less. If the United States Department of Agriculture and the U.S. Food and Drug Administration determine by law that a lower temperature must be maintained, the lower temperature shall prevail.
      3. (C) The temperature of molluscan shellfish from the harvester through the original shellfish dealer shall be maintained in accordance with §§241.58 - 241.60 of this title (relating to Molluscan Shellfish). Raw molluscan shellfish shall be adequately iced or refrigerated at 45 degrees Fahrenheit or less during all subsequent distribution, storage, processing, and sale.
   5. (5) During warehousing and transporting, all chemicals shall be properly stored and physically separated from foods to preclude contamination.
   6. (6) Foods being warehoused shall be rotated on a "first in, first out" basis or by oldest date of pack.
   7. (7) Food storage facilities and transportation vehicles operated under the control of the licensee shall be kept clean and free of excessive dust, dirt, spillage, and other debris, including excess moisture.
   8. (8) Food transport vehicles shall be operated in compliance with federal regulations pertaining to back-hauling.
   9. (9) Each incoming lot shall be examined at the time of receipt and contaminated or adulterated foods shall not be accepted.
   10. (10) Swollen, leaking, and/or severely dented containers of food shall be segregated and promptly placed in the "morgue area" and further contamination, attraction of vermin, or sale prior to reconditioning shall be prevented.
   11. (11) Only pesticides approved by the Environmental Protection Agency (EPA) for use in a food warehouse and/or food processing facility may be used. Pesticides shall be used only according to label directions. Rodenticides shall be placed inside enclosed bait boxes or other approved receptacles. Only a licensed pesticide applicator may apply restricted use pesticides.

4. (d) Other provisions.

   1. (1) Distressed foods salvaged by the licensee shall be salvaged in accordance with §§229.541 - 229.554, 229.571 - 229.584, 229.601 - 229.614, and 229.631 - 229.647 of this title (relating to Regulation of Food, Drug, Device, and Cosmetic Salvage Establishments and Brokers).
   2. (2) Food wholesalers engaged in the receipt and distribution of over-the-counter or prescription drugs shall comply with §229.253 of this title (relating to Minimum Standards for Licensure).
   3. (3) The licensee shall keep accurate distribution records so that any foods found to be unfit for human consumption may be recalled expeditiously.
5. (e) Food including raw ingredients and finished food products shall be obtained from an approved source.

Source Note:The provisions of this §229.221 adopted to be effective August 15, 1999, 24 TexReg 6082; amended to be effective August 31, 2006, 31 TexReg 6746.