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RULE §229.162Definitions

The following definitions apply in the interpretation and application of this Code.

  (1) Additive--

    (A) Food additive is a substance which affects the characteristics of any food as specified in the Texas Health and Safety Code, Chapter 431, §431.002(17).

    (B) Color additive is any material imparting color to a food as stated in the Texas Health and Safety Code, Chapter 431, §431.002(6).

  (2) Adulterated food--A food shall be deemed to be adulterated as specified in the Texas Health and Safety Code, Chapter 431, §431.081.

  (3) Approved--Acceptable to the regulatory authority based on a determination of conformity with principles, practices, and generally recognized standards that protect public health.

  (4) aw --Water activity which is a measure of the free moisture in a food, is the quotient of the water vapor pressure of the substance divided by the vapor pressure of pure water at the same temperature, and is indicated by the symbol a w .

  (5) Bed and Breakfast--

    (A) Bed and Breakfast Limited means:

      (i) an establishment with seven or fewer rooms for rent;

      (ii) an establishment that serves breakfast to overnight guests;

      (iii) the establishment is not a retail food establishment; and

      (iv) the owner or manager shall successfully complete a food manager's certification course accredited by the department.

    (B) Bed and Breakfast Extended means:

      (i) an establishment with more than seven rooms for rent; or

      (ii) an establishment that provides food service other than breakfast to overnight guests; and

      (iii) the establishment must meet the specific requirements as outlined in §229.174 of this title (relating to Bed and Breakfast Extended Establishments).

    (C) Bed and Breakfast Food Establishment means:

      (i) an establishment that provides food service other than to its overnight guests; and

      (ii) the establishment must meet the rules and regulations applicable to retail food establishments.

  (6) Beverage--A liquid for drinking, including water.

  (7) Bottled drinking water--Water that is sealed in bottles, packages, or other containers and offered for sale for human consumption, including bottled mineral water.

  (8) Casing--A tubular container for sausage products made of either natural or artificial (synthetic) material.

  (9) Certification number--A unique combination of letters and numbers assigned by a shellfish control authority to a molluscan shellfish dealer according to the provisions of the National Shellfish Sanitation Program.

  (10) Child care center--Any facility licensed by the regulatory authority to receive 13 or more children for child care, which prepares food for on-site consumption.

  (11) CIP--Cleaned in place by the circulation or flowing by mechanical means through a piping system of a detergent solution, water rinse, and sanitizing solution onto or over equipment surfaces that require cleaning, such as the method used, in part, to clean and sanitize a frozen dessert machine except that CIP does not include the cleaning of equipment such as band saws, slicers, or mixers that are subjected to in-place manual cleaning without the use of a CIP system.

  (12) Code of Federal Regulations (CFR)--Citations in these rules to the CFR refer sequentially to the Title, Part, and Section numbers, such as 21 CFR §178.1010 refers to Title 21, Part 178, §1010. The compilation of the general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government which:

    (A) is published annually by the U.S. Government Printing Office; and

    (B) contains FDA rules in 21 CFR, USDA rules in 7 CFR and 9 CFR, EPA rules in 40 CFR, and Wildlife and Fisheries rules in 50 CFR.

  (13) Commingle--

    (A) To combine shellstock harvested on different days or from different growing areas as identified on the tag or label, or

    (B) To combine shucked shellfish from containers with different container codes or different shucking dates.

  (14) Comminuted--Reduced in size by methods including chopping, flaking, grinding, or mincing. The term includes fish or meat products that are reduced in size and restructured or reformulated such as gefilte fish, gyros, ground beef, and sausage; and a mixture of two or more types of meat that have been reduced in size and combined, such as sausages made from two or more meats.

  (15) Common dining area--A central location in a group residence where people gather to eat at mealtime. The term does not apply to a kitchenette or dining area located within a resident's private living quarters.

  (16) Confirmed disease outbreak--A foodborne disease outbreak in which laboratory analysis of appropriate specimens identifies a causative agent and epidemiological analysis implicates the food as the source of the illness.

  (17) Consumer--A person who is a member of the public, takes possession of food, is not functioning in the capacity of an operator of a food establishment or food processing plant, and does not offer the food for resale.

  (18) Corrosion-resistant material--A material that maintains acceptable surface cleanability characteristics under prolonged influence of the food to be contacted, the normal use of cleaning compounds and sanitizing solutions, and other conditions of the use environment.

  (19) Critical control point--A point or procedure in a specific food system where loss of control may result in an unacceptable health risk.

  (20) Critical item--A provision of these rules, that, if in noncompliance, is more likely than other violations to contribute to food contamination, illness, or environmental health hazard.

  (21) Critical limit--The maximum or minimum value to which a physical, biological, or chemical parameter must be controlled at a critical control point to minimize the risk that the identified food safety hazard may occur.

  (22) Department--The Department of State Health Services.

  (23) Disclosure--A written statement that clearly identifies the animal-derived foods which are, or can be ordered, raw, undercooked, or without otherwise being processed to eliminate pathogens in their entirety, or items that contain an ingredient that is raw, undercooked, or without otherwise being processed to eliminate pathogens.

  (24) Drinking water--

    (A) "Drinking water" means water that meets 30 TAC, §§290.101-290.114, 290.117-290.119, 290.121 (relating to Drinking Water Standards Governing Drinking Water Quality and Reporting Requirements for Public Water Supply Systems).

    (B) Drinking water is traditionally known as "potable water."

    (C) Drinking water includes the term "water" except where the term used connotes that the water is not potable, such as "boiler water," "mop water," "rainwater," "wastewater," and "nondrinking" water.

  (25) Dry storage area means a room or area designated for the storage of packaged or containerized bulk food that is not potentially hazardous and dry goods such as single-service items.

  (26) Easily cleanable--

    (A) Easily cleanable means a characteristic of a surface that:

      (i) allows effective removal of soil by normal cleaning methods;

      (ii) is dependent on the material, design, construction, and installation of the surface; and

      (iii) varies with the likelihood of the surface's role in introducing pathogenic or toxigenic agents or other contaminants into food based on the surface's approved placement, purpose, and use.

    (B) Easily cleanable includes a tiered application of the criteria that qualify the surface as easily cleanable as specified under subparagraph (A) of this paragraph to different situations in which varying degrees of cleanability are required such as:

      (i) the appropriateness of stainless steel for a food preparation surface as opposed to the lack of need for stainless steel to be used for floors or for tables used for consumer dining; or

      (ii) the need for a different degree of cleanability for a utilitarian attachment or accessory in the kitchen as opposed to a decorative attachment or accessory in the consumer dining area.

  (27) Easily movable--

    (A) Portable; mounted on casters, gliders, or rollers; or provided with a mechanical means to safely tilt a unit of equipment for cleaning; and

    (B) Having no utility connection, a utility connection that disconnects quickly, or a flexible utility connection line of sufficient length to allow the equipment to be moved for cleaning of the equipment and adjacent area.

  (28) Egg--The shell egg of the domesticated chicken, turkey, duck, goose, or guinea.

  (29) Employee--The permit holder, person in charge, person having supervisory or management duties, person on the payroll, family member, volunteer, person performing work under contractual agreement, or other person working in a food establishment.

  (30) EPA--The U.S. Environmental Protection Agency.

  (31) Equipment--

    (A) Equipment means an article that is used in the operation of a food establishment such as a freezer, grinder, hood, ice maker, meat block, mixer, oven, reach-in refrigerator, scale, sink, slicer, stove, table, temperature measuring device for ambient air, vending machine, or warewashing machine.

    (B) Equipment does not include items used for handling or storing large quantities of packaged foods that are received from a supplier in a cased or overwrapped lot, such as hand trucks, forklifts, dollies, pallets, racks, and skids.

  (32) Exclude--To prevent a person from working as a food employee or entering a food establishment except for those areas open to the general public.

  (33) Exotic animal--Member of a species of game not indigenous to this state including axis deer, nilga antelope, red sheep, or other cloven-hoofed ruminant animals. Exotic animals are considered livestock as defined in these rules and are amenable to inspection under Texas Health and Safety Code, Chapter 433, §433.035 (Inspection and Other Regulation of Exotic Animals in Interstate Commerce).

  (34) FDA--The U.S. Food and Drug Administration.

  (35) Fish--

    (A) Fish means fresh or saltwater finfish, crustaceans and other forms of aquatic life (including alligator, frog, aquatic turtle, jellyfish, sea cucumber, and sea urchin and the roe of such animals) other than birds or mammals, and all mollusks, if such animal life is intended for human consumption.

    (B) Fish includes an edible human food product derived in whole or in part from fish, including fish that have been processed in any manner.

  (36) Food--A raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum.

  (37) Foodborne disease outbreak--The occurrence of two or more cases of a similar illness resulting from the ingestion of a common food.

  (38) Food-contact surface--

    (A) A surface of equipment or a utensil with which food normally comes into contact; or

    (B) A surface of equipment or a utensil from which food may drain, drip, or splash:

      (i) into a food; or

      (ii) onto a surface normally in contact with food.

  (39) Food employee--An individual working with unpackaged food, food equipment or utensils, or food-contact surfaces.

  (40) Food establishment--

    (A) Food establishment means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption:

      (i) such as a restaurant; retail food store; satellite or catered feeding location; catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people; market; vending location; conveyance used to transport people; institution; or food bank; and

      (ii) that relinquishes possession of food to a consumer directly, or indirectly through a delivery service such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers.

    (B) Food establishment includes:

      (i) an element of the operation such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location unless the vending or feeding location is permitted by the regulatory authority; and

      (ii) an operation that is conducted in a mobile, stationary, temporary, or permanent facility or location; where consumption is on or off the premises; and regardless of whether there is a charge for the food.

    (C) Food establishment does not include:

      (i) an establishment that offers only prepackaged foods that are not potentially hazardous;

      (ii) a produce stand that only offers whole, uncut fresh fruits and vegetables;

      (iii) a food processing plant;


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