1.
OFFXCE OF
THE ATTORNEY GENERAL
AUSTIN. TEXAS
R-323
Hon. Geo. W. Cox, M. D,
State Health Officer
Texas State Board of Health
Austin 2, Texas Opinion No, V-187
Re: Exempt ion of electric
dishwashers and glass-
washers from the temp-
erature and holding pro-
visions of law regulat-
ing sterilization of,
dishes, etc. Sect. 2,
Dear Sir: Art. 700b, V.P.C.
Your lette? of March 31, 1947, requests an
opinion from this office on the following question:
'QIhether or not such establishments as cafes,
restaurants, drug stores soda water fountains,
etc., are exempt from ali the Cequlrements of
Article 700-A, Section 2, of the Penal. Code in
view of the provisions,contalned in Article 700-A,
Section 2, Paragraph 2, which reads as follows:
FProvided that the provisions of this Section
shall not apply to such establishments as des-
cribed herein that use electrically operated
dishwashing and glasswashing machines, that ac-
complish these purposes mechanically*. We spe-
cifically request that we be advised.as to
whether or not such establishments are exempt
from the temperature and holding requirements
of Section 2, Article 700-A?*'
The law referred to in your letter was amended
in 1939 by H. B. No. 9Q3 Acte of the 46th Legislature
and now appeara as Article 700b of Vernon's Penal Code,
Section 2 of said Article raads as follows:
"No person, firm, corporation, or association.
operating;managing, or conductingany hotel, cafe,
restaurant, dining car, drug store, soda water
fountain, meat market, bakery, or confectionery,
Hon. Gee. !i?, CQX, Me a., Page 2, V-187
liquor dispensary or any other establQshment whqre
food or drink of any kind is served or permitted
to be served to, the public , shall furnish to any
person any dish;reccptacle! or utensil used in
eating, drinking, or conveying food if such dish,
receptacle, or ut,ansil has not been washed after
each service u&d.& clean to the sight and touch
in warm ‘dater containing soap er alkali cleanser,
After cleaning, alL glasses, dishes, sliverware,
and other receptacles and utensils shall be
placed in wire cages and immersed in a still
bath of clear water heated to a minimum temp-
erature of 17Q”P for at least three minutes,
or two minutes at 180oF. Upon,remov,al from the
hot water, a 11 &asses, dishes, silverware, and
other receptacles and utensils shall be stored in
such a manner as not to bacome contaminated.
Provided that the State Board of Health may ap-
prove other equally effective methods of treat-
ment l;:r steam or hot ,water that meet with the
minin,um requirements for the safety of the pub-
lic Ilealth, as prescribed IJYthe State Board of
Health, that are not inconsistent with this Act,
;Jnen paper receptacles, ice cream cones, or
other single service utensils are used for serv-
ing food or‘drfnks, they must be.kept in a sani-
tary manner, protected f rom dust, file S, and
other contamination.
“Provided that the provisions of this Sec-
tion shall not apply to such tstablPshments as
described hertin ttlet use electric&l&y e erated
dishwashing and gtisswashing machines t;Rat ac-
complish these purp~seo mechanically,k
The Title of the Act says that Lt is “An Act
to better safeguard the health of the people of the
State of Texas by making it unlawful to serve food in-
improperly cleaned. or unsterilized dishes or utensils,
etc, + e elf
Je are of the opinion that operators of ho*
tels, cafes , restaurants, and other establfshmente to
which Article 700b applies are not exempt from the re-
quirements of its provisions merely because they use
electrically operated dishbiashing 8nd glasswtishing
machines for cleaning dishes and glasses, To be exempt
from the temperature and holding Fequirements of Sec-
Hon. Geo. W. Cox, M. D. - Page 3, V-W
tion 2 of said Article the statutary purpose of clcan-
ing "to the sight and Much* must have been factually
accomplished.
Operator@ of hotear, cafer, rertaurants,
and other establishaante to which Article
700b applies who USQ electrically operated
dishwashers and gl.asrwarhere are not exempt
from the temperature and holding requirements
of said Article unlere such electrically op-
erated machines factually accempl%sh the
statutory purpose,of cleaning *to the sight
and touch.w
Your8 very truly,
AT'TORNEYGENERALOFTEXAS
WPW:dr:egt:jm
jp, 22
AT= GENERAL