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THEATTORNEY GENERAL OFTEXA8

Dr-. George W, Cox State Health Officer Austin, Texas
Dear Sir: OpinionNo. o-2732 Re: Construction of Section 2, Article TOOb,Vernon's Annotated Penal Code.
Your recent request for an opinion of this department upon the questions as are herein stated has been received.

Your letter reads in part as follows: "Many Inquirieshave been received by this Department regardingArticle TOOb, P.C, (House Bill 903, 46th Legislature) as to whether or not certaindishwashing and/or sterilizing equipment complieswith the law when used in eating establish- ,. /" merits. "These Inquiries have been received from city healthdepartments as well as frommanufacturers of equipment, Replies have been made according to our interpretationof the law, but the inquiries continue to arrive as if thisDepartment had authority to change the law.
"It has been found that these inquiries fall into two groups. The most persistant inquiry is concerning the sterilizationof dishes by means of ultra-violet rag. The other group of Inquiries concerns electrically operateddishwashing machines that purport to complete the operation ofwashing and sterilizingdishes at the same time.
"Your opinion on the following questionswould be appreciated: "1D Does an ultra-violet ray machine such as described in the lnclosed circular,marked Exhibit A, complywith Article TOOb,Vernon'sAnnotated Statutes of Texas, 19x9? "2

. Do dishwashing machines such as describedDr. George W. Cox, page 2 O-2732

in the inclosed circularmarked Exhibit B, complyQlth Article 700b,Vernon's Annotated StatUti3B of Texas, X939?
"3. 'Ifyour answer to questionNo. 1 is affirmative,must the water used in this machine be held at any certain temperature for any specified length of time?" Section 2 ofArticle 700b,Vernon's Annotated Penal Code reads as follows:

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. . ‘.~,. \ 'Sec. 2. No person, firm, corporation, or association operating,managing, or conducting any hotel, cafe, restaurant,dining car, drug store, sodawater fountain,meat market, bakery, or confectionery, liquordispensary or anp other establishmentwhere food or drink of any kind is served or permitted to be served to the public, shall furnish to any person any dish, receptacle, or utensil used in eating,drinking, or conveglng food if such dish, receptacle, or utensil has not been washed after each serviceuntil clean to the sight and touch inwarm water containing soap or alkali cleanser. After cleaning, all glasses, dishes, silverware,and other receptacles and utensils shallbe placed inwlre cages and imI&WBed in St111bath of clearwater heated to a minimm temperature of 170o,F for at least three minutes, or two minutes at 1800 F. Upon removal from the hotwater, all glases, dishes, sllverware, and other receptacles and utensils shallbe stored in such a manner as not to become contaminated

. Provided that the State Board of Health may approve other equally effectivemethods of treatment by steam or hot water that meet with the minimum requirments for the safety of the public health, 85 prescribedby the State Board ofHealth;thet are not inconsistentwith this Act, When paper receptacles, Ice cream cones, or other single service utensils are Used for serving food or drfnks, they must be kept in a sanitarymanner, protected from dust, flies, end other contamination. "Providedthat the provisions of this Section shallnot apply to such establishments a5 descrlbed herein that use electrically operateddishwashing and glasswashingmachlnes, that accomplish these purposes mechanically."Dr. George W. Cox, page 3 O-2732

The ultra-violet ray machine, as described In the~exhibit marked "A" is celled~ the Steril-Ray Cabinetwhich consists of a housing, Or's cabinet, in the bottom of which'are mounted four Sterilamps. The insidewalls of the Cabinet are polished corrugatedaluminum, which reflect the rays to all surfaces of the glasswareplaced lnside~of the Cabinet. The diagram as shown In Exhibit "A" illustratesthe manner in which glassware is sanitized. it isplaced, upside down, After being cleansed and drained, in a tray provided for that pUrpose. The~tray is then placed in the cabinet and a sliding metal door, or curtain,drawn down. This automatically turns on the Sterilamps and at the same time engaged an automatic time lock which prevents the curtain from being raised for a period.of two minutes and ten seconds, At the end of this period, the current is automatically turned off and the time lock released so that the door may be raised and the tray removed. The Sterll-Ray Cablnett operateswithout heat and chemicals. The lampsUsed in the Cabinet are electric lamps. The Steril-Ray Cabinet is a machine used for sterilization purposes and not for washing or cleaningdishes, etc.

Itwill be noted that Section 2, Article 700b, supre, provides that after cleaning all dishes, etc. the same shall be placed in wire cages and immersed in still bath of clear water heated to a minlmum temperature of 170° F for at least three minutes, or two minutes at 1800 F, No doubt, this requirement is for Sterilizationpurposes. However, the State Board ofHealth may approve other equally effectivemethods of treatmentby steam or hot water that meet with the minimUm requirements for the safety of public health, as prescribed by the State Board of Health, that are not inconsistentwith the above mentloned act, A~~above stated, the Sterll-Ray Cabinet does not provide the treatmentby steam or hot water but provides a treatmentby light rays.

Exhlbit "A"also shows and describes e machine celled a 'Rot0Glass Washer" which is advertised as a 'teammate" for the Sterll-Ray Cabinet. We are of the opinion that if there electrically operatedmachines are used together and accomplish the purposes mechanicallyas required by Article 700b, supra, then the above mentioned provisions of Article 700b, BUpra,do not apply, and the State Board ofHealth may approve the use of saidmechines if they meet the minimum requirements for the safety of public health, as prescribedby the Board of Health. However, on the other hand, if the Steril-Rag Cabinet isused for sterilizationpurposes only and not in connectionwith an electrically operatedwashing or cleansingmachine, whether saidmachine meets the requirements ofArticle 700b, supra, with reference to sterilizationpurposes is a question of fact to be determined by the State Board of Health.Dr. George W. Cox, page 4 o-2732

The machlne described In Exhibit "B",attached to your Inquiry,as ye understand, Is an electrlcallg operateddlshwashing and glassrashlngmachine and if saidmachine accomplishes these purposesmechanically, the provisions of Section 2, Article 700b, supra,do not apply. If saidmachine meets the minimum requtrements for the safetg~ of public health, as prescribedby the State Board ofHealth, we are of the opinion that said Board may approve the use of saidmachine. Trusting that the foregoing fully answers your inquiry, we are Very truly yours ATTORNEY GERERAL OF TEXAS By s/ArdellWilllams ArdellWilliams Assistant
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APPROVFD SEP 18, 1940 s/Gerald C. Mann ATTORIVEY

GEEWAL OF TEXAS Approved Opinion CommitteeBy s/‘BWB Chairman