(a) Mobile food unit provisions.
  (1) General. Except as otherwise provided in this paragraph and in paragraph (2) of this subsection, the regulatory authority:
    (A) may impose additional requirements to protect against health hazards related to the conduct of the food establishment as a mobile operation;
    (B) may prohibit the sale of some or all time and temperature control for safety foods (TCS foods); and
    (C) when no health hazard will result, may waive or modify requirements of this section relating to physical facilities, except those requirements as specified in paragraphs (7) - (9) of this subsection, subsection (c)(1)(A) - (E) of this section, and Food Code, Subparts 3-401, 3-402, 3-403, 3-404, and 3-501.
  (2) Restricted operation. A mobile food unit (MFU) that serves only food that is prepared, packaged in individual servings, transported and stored under conditions meeting the requirements of this chapter, or beverages that are non-time and temperature control for safety food and are dispensed from covered urns or other protected equipment, need not comply with the requirements of this chapter, relating to the necessity of water and sewage systems nor to those requirements, relating to the cleaning and sanitization of equipment and utensils if the required equipment for cleaning and sanitization exists at its central preparation facility.
  (3) Readily movable.
    (A) The regulatory authority prohibits alteration, removal, attachments, additions, placement, or change in, under, or upon the MFU that prevents or otherwise reduces ready mobility.
    (B) A regulatory authority may require an MFU to come, on an annual basis or as often as required, to a location designated by the regulatory authority as proof that the MFU is readily moveable.
  (4) Initial Permitting Inspection. The regulatory authority requires an MFU to come to a location designated by the regulatory authority. The mobile unit must be totally operable at time of inspection, including handwash facilities, warewash facilities, refrigeration, and wastewater disposal. Required documentation to have available includes:
    (A) Certified Food Protection Manager Certification.
    (B) Central Preparation Facility Authorization (if required). A signed letter of authorization is required, to verify facility use, if the central preparation facility is not owned by the mobile unit operator.
    (C) Central Preparation Facility Inspection Report. A copy of the most current health inspection of the central preparation facility must be maintained on the mobile unit at all times.
    (D) Servicing Area Authorization. A signed letter of authorization may be required by the regulatory authority to verify service area use, if the servicing area is not owned by the mobile unit operator.
    (E) Menu. A menu of all food items to be sold.
  (5) Single-service articles. An MFU shall provide only single service articles for use by the consumer.
  (6) Equipment, numbers, and capacities.
    (A) Cooling, heating, and holding capacities. Equipment for cooling and heating food, and holding cold and hot food, shall be sufficient in number and capacity to provide food temperatures as specified under Food Code, Chapter 3 - Food.
    (B) Manual warewashing, sink compartment requirements.
      (i) A sink with at least three compartments shall be provided for manually washing, rinsing, and sanitizing equipment and utensils as specified in Food Code, Paragraph 4-301.12(A).
      (ii) Sink compartments shall be large enough to accommodate immersion of the largest equipment and utensils as specified in Food Code, Paragraph 4-301.12(B).
    (C) At least one handwashing sink shall be available for convenient use by employees and properly provisioned in accordance with Food Code, §6-301.11-12.
  (7) Mobile water system materials, design, and operation. MFU water systems shall meet the requirements of Food Code, Part 5-3.
  (8) MFU drinking water tank shall meet the requirements of Food Code, §5-303.13.
    (A) Fill hose and water holding tank shall be labeled as "Potable Water."
    (B) Drinking water in an MFU holding tank shall be tested for contamination by sampling upon request by the regulatory authority.
  (9) Sewage and other liquid waste.
    (A) If liquid waste results from operation of an MFU, the waste shall be stored in a permanently installed retention tank for waste retention.
    (B) A leak-proof sewage holding tank in an MFU shall meet the requirements of Food Code, §5-401.11 for capacity and drainage.
    (C) All connections on the vehicle for servicing the MFU waste disposal facilities shall be of a different size or type than those used for supplying potable water to the MFU.
    (D) Discharge liquid waste shall not be discharged from the retention tank while the MFU is in motion.
    (E) Flushing a waste retention tank shall meet the requirements of Food Code, §5-402.15.
    (F) Removing MFU wastes shall meet the requirements of Food Code, §5-402.14.
    (G) Liquid waste holding tank shall be labeled as "waste water."
  (10) MFU water and wastewater exemption.
    (A) A roadside vendor that sells only prepackaged food is exempt from the requirements of this chapter relating to water and wastewater.
    (B) An MFU that prepares food requiring no water for operations and no hand contact with food is exempt from the requirements of this chapter relating to water and wastewater if the required cleaning and sanitization equipment exists at its central preparation facility. Chemically treated towelettes for handwashing may be used as specified in Food Code, Paragraph 5-203.11(C).
  (11) Toilet rooms, convenience and accessibility. Toilet rooms shall be conveniently located and accessible to employees during all hours of operation.
(b) Central preparation facility.
  (1) Supplies, cleaning, and servicing operations. An MFU shall operate from a central preparation facility or other fixed food establishment and shall report to such location daily for supplies, cleaning, and servicing operations.
  (2) Construction. The central preparation facility or other fixed food establishment, used as a base of operation for an MFU, shall be constructed and operated in compliance with the requirements of Food Code, Chapter 6 - Physical Facilities.
(c) Outdoor servicing area and operations.
  (1) Protection.
    (A) An MFU servicing area shall include at least overhead protection for any supplying, cleaning, or servicing operation. Those areas used only for the loading of water 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 the servicing area, the location provided for the flushing and drainage of liquid wastes shall be separate from the location provided for potable water servicing and for the loading and unloading of food and related supplies.
    (C) A servicing area will not be required where only packaged food is placed on the MFU or where an MFU does 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 the Plumbing Code and shall be 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 Food Code, §6-201.11.

Source Note: The provisions of this §228.221 adopted to be effective August 8, 2021, 46 TexReg 4686