§ 20-21.5. Food display and service.

(a)

Time/temperature controlled for safety (TCS) food. Except when time is used as a public health control as specified in section 20-21.2(a)(2) of this Code, time/temperature controlled for safety (TCS) food shall be kept at an internal temperature of 41°F (5°C) or below or at a temperature of 135°F (57°C) or above during display and service, except that roasts cooked to a temperature and for a time specified in Table 20-21.4-3 of this Code or reheated as specified in Table 20-21.4-1 of this Code may be held for service at a temperature of 130°F (54°C) or above.

(b)

Milk and cream dispensing.

(1)

Milk and milk products for drinking purposes shall be provided to the consumer in an unopened, commercially filled package not exceeding one pint in capacity, or drawn from a commercially filled container stored in a mechanically refrigerated bulk milk dispenser. Where it is necessary to provide individual servings under special institutional circumstances, milk and milk products may be poured from a commercially filled container provided the procedure is authorized by the health officer. Where a bulk dispenser for milk and milk products is not available and portions of less than one-half pint are required for mixed drinks, cereal, or dessert service, milk and milk products may be poured from a commercially filled container. The bulk milk container dispensing tube shall be cut on the diagonal leaving no more that one inch protruding from the chilled dispensing head.

(2)

Cream or half-and-half shall be provided in an individual service container or a protected pour-type pitcher or drawn from a refrigerated dispenser designed for individual service.

(c)

Nondairy product dispensing. Nondairy creaming or whitening agents shall be provided in an individual service container or a protected pour-type pitcher or drawn from a refrigerated dispenser designed for individual service.

(d)

Condiment dispensing.

(1)

Condiments, seasonings and dressings for self-service use shall be provided in individual packages, from dispensers, or from containers protected in accordance with subsection (h) below.

(2)

Condiments provided for table or counter service shall be individually portioned, except that catsup and other sauces may be served in the original container or pour-type dispenser. Sugar for consumer usage shall be provided in individual packages or in pour-type dispensers.

(e)

Ice dispensing. Ice for consumer use shall be dispensed only by employees with scoops, tongs, or other ice self-dispensing utensils or through automatic service, ice dispensing equipment. Ice dispensing utensils shall be stored on a clean surface or in the ice with the dispensing utensil's handle extended out of the ice. Between uses, ice transfer receptacles shall be stored in a way that protects them from contamination. Ice storage bins shall be drained through an air gap.

(f)

Dispensing utensils. To avoid unnecessary manual contact with food, suitable dispensing utensils shall be used by employees or provided to consumers who serve themselves. During pauses in food preparation and dispensing, utensils shall be:

(1)

Except as specified in item (6) of this subsection, stored in the food with the dispensing utensil handle extended out of the food;

(2)

Stored in a clean protected location if the utensils, such as ice scoops, are used only with a food that is not time/temperature controlled for safety (TCS) food;

(3)

Stored in running water of sufficient velocity to flush particulates to a proper drain if used with moist foods such as ice cream or mashed potatoes;

(4)

Stored in water that maintains a temperature of at least 135°F (57°C) if the container is cleaned at a frequency specified under section 20-21.11(a)(5)(g) of this Code;

(5)

Stored on a clean portion of the food preparation table or cooking equipment and cleaned and sanitized at a frequency specified under section 20-21.11 of this Code; or

(6)

Stored in food that is not potentially hazardous with their handles above the top of the food within containers or equipment that can be closed, such as bins of sugar, flour, or cinnamon.

(g)

Returned food and re-service of food. Except as specified in subitems a and b of item (1) of this subsection, after being served or sold and in the possession of a consumer, food that is unused or returned by the consumer may not be offered as food for human consumption.

(1)

A container of food that is not time/temperature controlled for safety (TCS) food may be transferred from one consumer to another if:

a.

The food is dispensed so that it is protected from contamination and the container is closed between uses, such as a narrow-neck bottle containing ketchup, steak sauce, or wine; or

b.

The food, such as crackers, salt, or pepper, is in an unopened original package and is maintained in sound condition.

(2)

Re-service of food:

a.

Any food served to patients or clients who are under contact precautions and medical isolation or quarantine, protective environmental may not be re-served to others outside; and

b.

Packages of food from any patient, client, or other consumer may not be re-served to persons in protective environment isolation.

(h)

Display equipment. Except for nuts in shell and whole, raw fruits and vegetables that are intended for hulling, peeling or washing by the consumer before consumption, food on display shall be protected from consumer contamination by the use of packaging or by the use of easily cleanable counter, serving line or salad bar protector devices, display cases, or other effective means. Enough hot or cold food facilities shall be available to maintain the required temperature of time/temperature controlled for safety (TCS) food on display. A food dispensing utensil shall be available for each container displayed at a consumer self-service unit such as a buffet or salad bar.

(i)

Bulk food display, service.

(1)

Sale of unpackaged food that is displayed and sold in bulk from a self-service container is authorized, provided that:

a.

The self-service container has a tight-fitting lid that is securely attached to the container and kept closed except during service or refill;

b.

The container, lid and any other utensil are constructed of nontoxic materials that provide for easy cleaning and proper repair;

c.

A utensil equipped with a handle is provided and used for dispensing of food; and

d.

A conspicuous sign instructing the customer on the proper dispensing procedure is posted in the immediate display area.

(2)

Unpackaged, raw animal food, such as beef, lamb, pork, poultry and fish, may not be offered for consumer self-service, except that consumer self-service of ready-to-eat foods is authorized at a buffet that serves food such as raw shellfish or sushi, or other ready-to-cook individual food portions for immediate cooking and consumption on the premises, such as consumer-cooked meats or consumer-selected ingredients for Mongolian barbeque or raw, frozen, shell-on shrimp or lobster.

(j)

Reuse of tableware. Reuse of soiled tableware including single-service articles by self-service consumers returning to the service area for additional food or by food employees providing second portions or refills to the consumer is prohibited. Beverage cups and glasses are exempt from this requirement if refilling is a contamination-free process; provided consumers shall not be allowed to refill beverage tableware except by using self-service automatic beverage dispensing equipment. The person in charge or the food service manager shall ensure that consumers are notified that clean tableware is to be used when they return to self-service areas such as salad bars and buffets. Consumer self-service operations such as buffets and salad bars shall be monitored by food employees trained in safe operating procedures. A card, sign or other effective means of notification shall be displayed to notify consumers that clean tableware is to be used upon return to self-service areas such as salad bars and buffets.

(k)

Food donations. Foods previously served to a consumer, foods in heavily rim- or seam-dented cans or packaged foods without the manufacturer's complete labeling shall not be donated. Donated foods shall be labeled with the name of the food, the source of the food and the preparation date of the food. Donated time/temperature controlled for safety (TCS) foods may not exceed the shelf life for leftover foods outlined in section 20-21.3(b)(10) of this Code.

A time/temperature controlled for safety (TCS) food may be donated if:

(1)

The food has been kept at or above 135°C (57°C) during hot holding and service, and subsequently refrigerated to meet the time and temperature requirements under section 20-21.3(b)(2) of this Code.

(2)

The donor can substantiate that the recipient has the facilities to meet the transportation, storage, and reheating requirements of this article;

(3)

The temperature of the food is at or below 41°F (5°C) at the time of donation, and the food is protected from contamination; and

(4)

If the food is transported by the recipient directly to the consumer, the recipient need only meet the transportation requirements, including holding temperatures, under these rules.

(l)

Distressed merchandise, segregation and location . Products that are held by the permit holder for credit, redemption, or return to the distributor, such as damaged, spoiled, or recalled products, shall be segregated and held in designated areas that are separated from foods, equipment, utensils, linens, single-service articles, and single-use articles. Distressed foods, such as foods subjected to fire, flooding, excessive heat, smoke, radiation, other environmental contamination or prolonged storage, shall not be directly donated for consumption by the consumer. Distressed foods may be sold or donated to a licensed food salvage establishment if the establishment is permitted under the provisions of Chapter 432 of the Texas Health and Safety Code.

(Ord. No. 99-1346, § 1, 12-15-99; Ord. No. 07-1051, § 2(Exh. A), 9-12-07; Ord. No. 2015-1202, §§ 39—41, 96, 12-2-2015)