(a) Self-service food markets shall comply with the minimum standards of this section.
(b) Self-service food markets shall:
  (1) be equipped with 24/7 video surveillance records of consumers viewing, selecting, handling, and purchasing products that identify these consumers. Video surveillance records must be maintained and available for the regulatory authority for a period of 14 calendar days from the date of the video; and
  (2) provide information to the regulatory authority as to the responsible party that will be available for routine inspections.
(c) Pre-packaged food sold at a self-service food market shall:
  (1) meet the labeling requirements as specified in Food Code, Paragraph 3-201.11(C); and
  (2) be tamper evident.
(d) A food specified in Food Code, Paragraphs 3-501.17(A) or (B) or §3-501.18 shall be discarded if it:
  (1) exceeds the temperature or time specified in Food Code, Paragraphs 3-501.17(A) and (B), except time that the product is frozen;
  (2) is in a container or package that does not bear an expiration date or day; or
  (3) is not appropriately marked with a date or day that exceeds the temperature and time combination as specified in Food Code, Paragraphs 3-501.17(A) and (B).
(e) All self-service food market display-units offering refrigerated, time and temperature control for safety foods (TCS foods) shall have an automatic shut-off control or a plan approved by the regulatory authority that prevents the market or market equipment from dispensing food if:
  (1) there is a power failure, mechanical failure, or other condition that results in failure of the equipment to maintain food temperatures as specified under Food Code, Chapter 4 - Equipment, Utensils, and Linens; and
  (2) where a condition specified in paragraph (1) of this subsection occurs, until the equipment is serviced and restocked with food that has been maintained at temperatures specified in Food Code, Subparts 3-202, 3-401-403, and 3-501, §228.62 of this chapter (relating to Specifications for Receiving), and §228.64 of this chapter (relating to Donation of Foods).
(f) When a condition specified in subsection (e)(1) of this section occurs, the ambient temperature may not exceed five degrees Celsius (41 degrees Fahrenheit), or seven degrees Celsius (45 degrees Fahrenheit) for a unit holding raw shell eggs only, for more than 30 minutes immediately after the display is filled, serviced, or restocked.
(g) All self-service food market display-units offering TCS food, shall be:
  (1) equipped with a self-closing door; or
  (2) maintained at five degrees Celsius (41 degrees Fahrenheit), or seven degrees Celsius (45 degrees Fahrenheit) for raw shell eggs, if it is an open display unit.
(h) Self-service food markets shall have a sign readily visible from the automated payment kiosk stating:
  (1) the name of the business to whom complaints or comments shall be addressed;
  (2) the address of the business responsible for the market; and
  (3) the responsible business's telephone number and email or web information, when applicable.
(i) When a retail food establishment operating as a self-service food market incorporates the provision in this section, it will not be required to maintain a person in charge onsite as specified in Food Code, Paragraph 2-101.11(A).

Source Note: The provisions of this §228.225 adopted to be effective August 8, 2021, 46 TexReg 4686