-- .-_ 

THEATTORNEY GENERAL 

OFTEXA8 

Dr-. George W, Cox 

State Health Officer 

Austin, Texas 

Dear Sir: Opinion No. 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 Inquiries have been received by this 

Department regarding Article TOOb, P.C, (House 

Bill 903, 46th Legislature) as to whether or not 

certain dishwashing and/or sterilizing equipment 

complies with the law when used in eating establish- ,. /" 

merits. 

"These Inquiries have been received from city 

health departments as well as from manufacturers 

of equipment, Replies have been made according 

to our interpretation of the law, but the inquiries 

continue to arrive as if this Department had authority to change the law. 

"It has been found that these inquiries fall 

into two groups. The most persistant inquiry is 

concerning the sterilization of dishes by means of 

ultra-violet rag. The other group of Inquiries concerns electrically operated dishwashing machines 

that purport to complete the operation of washing 

and sterilizing dishes at the same time. 

"Your opinion on the following questions would 

be appreciated: 

"1 D Does an ultra-violet ray machine such as 

described in the lnclosed circular, marked Exhibit 

A, comply with Article TOOb, Vernon's Annotated 

Statutes of Texas, 19x9? 

"2 . Do dishwashing machines such as described 
Dr. George W. Cox, page 2 O-2732 

in the inclosed circular marked Exhibit B, 

comply Qlth Article 700b, Vernon's Annotated 

StatUti3B of Texas, X939? 

"3. 'If your answer to question No. 1 is affirmative, must the water used in this machine 

be held at any certain temperature for any specified length of time?" 

Section 2 of Article 700b, Vernon's Annotated Penal 

Code reads as follows: 

- 

~~-1 _ 

-, 

. . 

‘.~,. 

\ 

'Sec. 2. No person, firm, corporation, or 

association operating, managing, or conducting 

any hotel, cafe, restaurant, dining car, drug 

store, soda water fountain, meat market, bakery, 

or confectionery, liquor dispensary or anp other 

establishment where 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 service until clean 

to the sight and touch in warm water containing 

soap or alkali cleanser. After cleaning, all 

glasses, dishes, silverware, and other receptacles 

and utensils shall be placed in wlre cages and 

imI&WBed in St111 bath of clear water heated to 

a minimm temperature of 170o,F for at least three 

minutes, or two minutes at 1800 F. Upon removal 

from the hot water, all glases, dishes, sllverware, and other receptacles and utensils shall be 

stored in such a manner as not to become contaminated . Provided that the State Board of Health may 

approve other equally effective methods of treatment by steam or hot water that meet with the minimum requirments for the safety of the public health, 

85 prescribed by the State Board of Health;thet 

are not inconsistent with 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 sanitary manner, protected 

from dust, flies, end other contamination. 

"Provided that the provisions of this Section 

shall not apply to such establishments a5 descrlbed herein that use electrically operated dishwashing and glasswashing machlnes, 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 Cabinet which consists of a housing, Or's cabinet, in the bottom of which'are 

mounted four Sterilamps. The inside walls of the Cabinet are 

polished corrugated aluminum, which reflect the rays to all 

surfaces of the glassware placed lnside~of the Cabinet. The 

diagram as shown In Exhibit "A" illustrates the manner in 

which glassware is sanitized. 

it is placed, 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 operates without heat and 

chemicals. The lamps Used in the Cabinet are electric lamps. 

The Steril-Ray Cabinet is a machine used for sterilization 

purposes and not for washing or cleaning dishes, etc. 

It will 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 Sterilization purposes. However, the State 

Board of Health may approve other equally effective methods 

of treatment by 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 inconsistent with 

the above mentloned act, A~~above stated, the Sterll-Ray 

Cabinet does not provide the treatment by steam or hot water 

but provides a treatment by light rays. 

Exhlbit "A" also shows and describes e machine celled a 

'Rot0 Glass Washer" which is advertised as a 'team mate" for 

the Sterll-Ray Cabinet. We are of the opinion that if there 

electrically operated machines are used together and accomplish 

the purposes mechanically as required by Article 700b, supra, 

then the above mentioned provisions of Article 700b, BUpra, do 

not apply, and the State Board of Health may approve the use 

of said mechines if they meet the minimum requirements for the 

safety of public health, as prescribed by the Board of Health. 

However, on the other hand, if the Steril-Rag Cabinet is used 

for sterilization purposes only and not in connection with an 

electrically operated washing or cleansing machine, whether 

said machine meets the requirements of Article 700b, supra, 

with reference to sterilization purposes 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 operated dlshwashing and glassrashlng machine and if said machine accomplishes 

these purposes mechanically, the provisions of Section 2, Article 700b, supra, do not apply. If said machine meets the 

minimum requtrements for the safetg~ of public health, as prescribed by the State Board of Health, we are of the opinion 

that said Board may approve the use of said machine. 

Trusting that the foregoing fully answers your inquiry, 

we are 

Very truly yours 

ATTORNEY GERERAL OF TEXAS 

By s/Ardell Willlams 

Ardell Williams 

Assistant 

AW:AW:wc 

APPROVFD SEP 18, 1940 

s/Gerald C. Mann 

ATTORIVEY GEEWAL OF TEXAS 

Approved Opinion Committee By s/‘BWB Chairman