(a) General.
  (1) A bed and breakfast extended, in addition to licensing with the applicable regulatory authority, shall comply with the minimum requirements of this section if the establishment:
    (A) has more than seven rooms for rent; or
    (B) provides food service other than breakfast to overnight guests.
  (2) A bed and breakfast food establishment that provides food service to customers in addition to its overnight guests must comply with the rules and regulations applicable to retail food establishments, including licensing with the applicable regulatory authority.
  (3) A bed and breakfast limited:
    (A) has seven or fewer rooms for rent;
    (B) serves only breakfast to overnight guests;
    (C) is not a retail food establishment; and
    (D) complies with subsection (b) of this section.
(b) Certified food protection manager. The owner or manager shall successfully complete a food manager's certification course accredited by this department.
(c) Food supplies. Food shall be obtained from approved sources in accordance with Food Code, Subpart 3-201, §228.61 of this chapter (relating to Approved Sources for Exotic Game Animals), and §228.62 of this chapter (relating to Specifications for Receiving) and shall be in sound condition and be safe for human consumption.
(d) Food preparation and protection.
  (1) Food preparation and protection. Food shall be prepared and protected in accordance with Food Code, Chapter 3 - Food.
  (2) Temperature requirements. All food temperature requirements shall be met as contained in Food Code, Subparts 3-202, 3-401-403, and 3-501, §228.62 of this chapter, and §228.64 of this chapter (relating to Donation of Foods).
(e) Cleaning and sanitizing.
  (1) Manual. A three-compartment sink shall be used if washing, rinsing, and sanitizing of utensils and equipment is done manually; or a two-compartment sink may be utilized if single service tableware is provided, and if an approved detergent sanitizer is used.
  (2) Mechanical. Cleaning and sanitizing may be done by spray-type or immersion dishwashing machines or by any other type of machine or device if it is demonstrated that it thoroughly cleans and sanitizes equipment and utensils either by chemical or mechanical sanitization.
(f) Personal hygiene. Employees shall conform to good hygienic practices as required in in Food Code, Subparts 2-301-304 and 2-401-402.
(g) Employee restrooms. A restroom shall be available for use by employees.
(h) Equipment and utensil design and construction. All equipment and utensils shall be constructed of safe materials and maintained in good repair.
(i) Handwash sinks.
  (1) Location. An accessible and conveniently located handwash sink shall be provided in or immediately adjacent to food preparation areas and restrooms.
  (2) Intended use. Handwash sinks shall be used for no other purpose other than handwashing.
(j) Food-contact surfaces. All food contact surfaces, counters, or work surfaces in the bed and breakfast establishment shall be smooth, non-absorbent and easily cleanable.
(k) Insect proof/rodent proof.
  (1) Construction. Food service preparation and storage areas shall be constructed and maintained to prevent the entry of pests and other vermin.
  (2) Chemical control. Pesticides and rodenticides shall be applied in accordance with Food Code, Subpart 7-206.
(l) Equipment. Equipment shall be provided to maintain time and temperature control for safety foods (TCS foods) at the temperatures required in accordance with Food Code, Chapter 3 - Food.
(m) Garbage receptacles. Impervious receptacles shall be provided for storage of garbage and refuse.
(n) Sewage. Sewage shall be disposed through an approved facility that is:
  (1) a public sewage system; or
  (2) an individual sewage disposal system that is sized, constructed, maintained, and operated according to law in 30 TAC Chapter 285 (relating to On-Site Sewage Facilities).
(o) Water supply. Hot and cold water under pressure shall be provided and shall be from an approved source that meets the standards in accordance with:
  (1) state drinking water quality standards in accordance with 30 TAC §§290.38 - 290.47 (relating to Rules and Regulations for Public Water Systems), and 30 TAC §§290.101 - 290.114, 290.117 - 290.119, 290.121, and 290.122 (relating to Drinking Water Standards Governing Drinking Water Quality and Reporting Requirements for Public Water Systems); or
  (2) private water system standards as provided in 30 TAC Chapter 290, Subchapter F (relating to Drinking Water Standards Governing Drinking Water Quality and Reporting Requirements for Public Water Systems), concerning transient noncommunity water systems.

Source Note: The provisions of this §228.223 adopted to be effective August 8, 2021, 46 TexReg 4686