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Texas Food Establishment Rules:


§229.162 Definitions. The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:

(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 containing any poisonous or deleterious substance 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) Bed & Breakfast -
(A) Bed & Breakfast Limited means:
(i) an establishment with seven or fewer rooms for rent;
(ii) that serves only 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 & Breakfast Extended means:
(i) an establishment with more than seven rooms for rent; or
(ii) 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 & 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.
(5) Beverage - A liquid for drinking, including water.
(6) Bottled drinking water - Water from an approved source that is sealed in bottles, packages, or other containers and offered for sale for human consumption, including bottled mineral water.
(7) 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.
(8) 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.
(9) Cleaned in place (CIP) - 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. The term 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.
(10) Code of Federal Regulations (CFR) - The compilation of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal government. 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.
(11) 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.
(12) 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.
(13) Confirmed disease outbreak - A foodborne disease outbreak in which laboratory analysis of appropriate specimens identifies a causative organism and epidemiological analysis implicates the food as the source of the illness.
(14) 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.
(15) 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.
(16) Critical control point - A point or procedure in a specific food system where loss of control may result in an unacceptable health risk.
(17) Critical item - A provision of these rules that, if in noncompliance, is more likely than other violations to contribute to food contamination, illness, injury, or environmental health hazard.
(18) 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.
(19) Department - The Texas Department of Health.
(20) Drinking water - Water that meets 30 TAC §290.101-§290.121 relating to (Drinking Water Standards Governing Drinking Water Quality and Reporting Requirements for Public Water Supply Systems). The term is traditionally known as "potable water" and 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.
(21) Dry storage area - 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.
(22) Easily cleanable - A characteristic of a surface that allows effective removal of soil by normal cleaning methods; is dependent on the material, design, construction, and installation of the surface; and 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.
(23) Easily movable - Weighing 14 kg (30 pounds) or less; mounted on casters, gliders, or rollers; or provided with a mechanical means requiring no more than 14 kg (30 pounds) of force to safely tilt a unit of equipment for cleaning; and 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.
(24) 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.
(25) EPA - The U.S. Environmental Protection Agency.
(26) Equipment - 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. The term does not include items used for handling or storing large quantities of packaged foods that are received from a supplier in a cased or over wrapped lot, such as hand trucks, forklifts, dollies, pallets, racks, and skids.
(27) 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).
(28) Fish - 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. The term includes an edible human food product derived in whole or in part from fish, including fish that have been processed in any manner.
(29) 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.
(30) Foodborne disease outbreak - An incident in which two or more persons experience a similar illness after ingestion of a common food, and epidemiological analysis implicates the food as the source of the illness; except that in cases of botulism or chemical poisoning, one ill person shall constitute an outbreak.
(31) Food-contact surface - A surface of equipment or a utensil with which food normally comes into contact; or a surface of equipment or a utensil from which food may drain, drip, or splash into a food, or onto a surface normally in contact with food.
(32) Food employee - An individual working with unpackaged food, food equipment or utensils, or food-contact surfaces.
(33) Food establishment - An operation that stores, prepares, packages, serves, or otherwise provides food for human consumption such as: a food service establishment; 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; remote catered operations; conveyance used to transport people; institution; or food bank; and 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.
(A) The term includes 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; a restaurant; a grocery store; an operation that is conducted in a mobile, roadside, stationary, temporary, or permanent facility or location; group residence; outfitter operations; bed and breakfast extended and bed and breakfast food establishments; where consumption is on or off the premises; and regardless of whether there is a charge for the food.
(B) The term does not include: an establishment that offers only prepackaged foods that are not potentially hazardous; a produce stand that only offers whole, uncut fresh fruits and vegetables; a food processing plant; a kitchen in a private home if only food that is not potentially hazardous is prepared for sale or service at a function, such as a religious or charitable organization's bake sale; a Bed and Breakfast Limited facility as defined in these rules; or a private home.
(34) Food processing plant - A commercial operation that manufactures, packages, labels, or stores food for human consumption and does not provide food directly to a consumer. The term does not include a food establishment as previously defined.
(35) Game animal - An animal, the products of which are food, that is not classified as livestock or fish as defined in these rules. The term includes animals such as wild rabbit, squirrel, opossum, nutria, muskrat, and nonaquatic reptiles such as rattlesnake.
(36) General use pesticide - A pesticide that is not classified by the U.S. Environmental Protection Agency (EPA) for restricted use as specified in 40 CFR 152.175.
(37) Grade A standards - The requirements of the U.S. Public Health Service/Food and Drug Administration (USPHS/FDA) "Grade A Pasteurized Milk Ordinance" and "Grade A Condensed and Dry Milk Products and Condensed and Dry Whey" with which certain fluid and dry milk and milk products must comply.
(38) Group residence - A private or public housing corporation or institutional facility that provides living quarters and meals. The term includes a domicile for unrelated persons such as a retirement home, correctional facility, or a long-term health care facility.
(39) Hazard - A biological, chemical, or physical property that may cause an unacceptable consumer health risk.
(40) Hazard Analysis Critical Control Point (HACCP) - A rational, systematic approach that identifies and monitors specific foodborne hazards (biological, chemical, or physical) that may adversely affect the safety of the food product. This system utilizes the HACCP Principles as defined by the National Advisory Committee on Microbiological Criteria for Foods (NACMCF), 1992, or its successor document.
(41) Hazard Analysis Critical Control Point (HACCP) plan - A written document that delineates the formal procedures for following the HACCP principles developed by The National Advisory Committee on Microbiological Criteria for Foods.
(42) Hermetically sealed container - A container that is designed and intended to be secure against the entry of microorganisms and, in the case of low acid canned foods, to maintain the commercial sterility of its contents after processing.
(43) Highly susceptible population (Formerly: High-Risk Groups) - A group of persons who are more likely than other populations to experience foodborne disease because they are immunocompromised or older adults; and in a facility that provides health care or assisted living services, such as a hospital or nursing home; or preschool age children in a facility that provides custodial care, such as a child care center.
(44) Imminent health hazard - A significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury based on the number of potential injuries and the nature, severity, and duration of the anticipated injury.
(45) Injected - Manipulating a meat so that infectious or toxigenic microorganisms may be introduced from its surface to its interior through tenderizing with deep penetration or injecting the meat such as with juices which may be referred to as "injecting," "pinning," or "stitch pumping."
(46) Kitchenware - Food preparation and storage utensils.
(47) Law - Applicable local, state, and federal statutes, regulations, and ordinances.
(48) Linens - Fabric items such as cloth hampers, cloth napkins, table cloths, wiping cloths, and work garments including cloth gloves.
(49) Livestock - Cattle, sheep, swine, goats, horses, mules, other equine, poultry, domesticated rabbits, exotic animals, and domesticated birds. Livestock are amenable to inspection.
(50) Meat - The flesh of animals used as food including the dressed flesh of cattle, swine, sheep, or goats and other edible animals, except fish, poultry, exotic animals as specified in §229.164(b)(7)(A)(ii) and (iii) and game animals as specified in §229.164(b)(7)(C)(ii) and (iii) of this title (relating to Food) that is offered for human consumption.
(51) Mobile food establishment - A vehicle mounted food establishment designed to be readily moveable.
(52) Milligrams per liter (mg/L) - The metric equivalent of parts per million (ppm).
(53) Molluscan shellfish - Any edible species of fresh or frozen oysters, clams, mussels, and scallops or edible portions thereof, except when the scallop product consists only of the shucked adductor muscle.
(54) Outfitter operation - Any operations such as trail rides or river raft trips where food is offered to patrons and which operates out of a central preparation location or food establishment.
(55) Packaged - Bottled, canned, cartoned, securely bagged, or securely wrapped, whether packaged in a food establishment or a food processing plant. The term does not include a wrapper, carry-out box, or other nondurable container used to containerize food with the purpose of facilitating food protection during service and receipt of the food by the consumer.
(56) Permit - The document issued by the regulatory authority that authorizes a person to operate a food establishment.
(57) Permit holder - The entity that is legally responsible for the operation of the food establishment such as the owner, the owner's agent, or other person; and who possesses a valid permit to operate a food establishment.
(58) Person - An association, corporation, individual, partnership, other legal entity, government, or governmental subdivision or agency.
(59) Person in charge - The individual present at a food establishment who is responsible for the operation at the time of inspection.
(60) Personal care items - Items or substances that may be poisonous, toxic, or a source of contamination and are used to maintain or enhance a person's health, hygiene, or appearance. The term includes items such as medicines; first aid supplies; and other items such as cosmetics, and toiletries such as toothpaste and mouthwash.
(61) "pH" - the symbol for the negative logarithm of the hydrogen ion concentration, which is a measure of the degree of acidity or alkalinity of a solution. Values between 0 and 7 indicate acidity and values between 7 and 14 indicate alkalinity. The value for pure distilled water is 7, which is considered neutral.
(62) Physical facilities - The structure and interior surfaces of a food establishment including accessories such as soap and towel dispensers and attachments such as light fixtures and heating or air conditioning system vents.
(63) Plumbing fixture - A receptacle or device that is permanently or temporarily connected to the water distribution system of the premises and demands a supply of water from the system; or discharges used water, waste materials, or sewage directly or indirectly to the drainage system of the premises.
(64) Plumbing system - The water supply and distribution pipes; plumbing fixtures and traps; soil, waste, and vent pipes; sanitary and storm sewers and building drains, including their respective connections, devices, and appurtenances within the premises; and water-treating equipment.
(65) Poisonous or toxic materials - Substances that are not intended for ingestion and are included in four categories:
(A) Cleaners and sanitizers, which include cleaning and sanitizing agents and agents such as caustics, acids, drying agents, polishes, and other chemicals;
(B) Pesticides, which include substances such as insecticides and rodenticides;
(C) Substances necessary for the operation and maintenance of the establishment such as nonfood grade lubricants and personal care items that may be deleterious to health; and
(D) Substances that are not necessary for the operation and maintenance of the establishment and are on the premises for retail sale, such as petroleum products and paints.
(66) Potentially hazardous food - A food that is natural or synthetic and that requires temperature control because it is in a form capable of supporting the rapid and progressive growth of infectious or toxigenic microorganisms; the growth and toxin production of Clostridium botulinum; or in raw shell eggs, the growth of Salmonella enteritidis.
(A) The term includes an animal food (a food of animal origin) that is raw or heat-treated; a food of plant origin that is heat-treated or consists of raw seed sprouts; cut melons; and garlic and oil mixtures that are not acidified or otherwise modified at a food processing plant in a way that results in mixtures that do not support growth as specified in this definition.
(B) The term does not include an air-cooled hard-boiled egg with shell intact; a food with a water activity (aw) value of 0.85 or less; a food with a pH level of 4.6 or below when measured at 24 degrees Celsius (75 degrees Fahrenheit); and a food, in an unopened hermetically sealed container, that is commercially processed to achieve and maintain commercial sterility under conditions of nonrefrigerated storage and distribution. The term also does not include a food for which laboratory evidence demonstrates that the rapid and progressive growth of infectious or toxigenic microorganisms or the growth of S. enteritidis in eggs or C. botulinum cannot occur, such as a food that has an aw and a pH that are above the levels specified above and that may contain a preservative, other barrier to the growth of microorganisms, or a combination of barriers that inhibit the growth of microorganisms. The term also does not include a food that may contain an infectious or toxigenic microorganism or chemical or physical contaminant at a level sufficient to cause illness, but that does not support the growth of microorganisms as specified in the definition of a potentially hazardous food.
(67) Poultry - Any domesticated bird whether live or dead as defined in the Texas Health and Safety Code, Chapter 433, §433.003. Chickens, turkeys, ducks, geese, guineas, migratory waterfowl, game bird or squab such as pheasant, partridge, quail, and grouse, whether live or dead are examples of poultry. The term also includes ratites (e.g., ostrich, emu, and rhea) which are amenable to inspection as poultry.
(68) Premises - The physical facility, its contents, and the contiguous land or property under the control of the permit holder; or the physical facility, its contents, and the contiguous land or property and its facilities and contents that are under the control of the permit holder that may impact food establishment personnel, facilities, or operations, if a food establishment is only one component of a larger operation such as a health care facility, hotel, motel, school, recreational camp, or prison.
(69) Primal cut - A basic major cut into which carcasses and sides of meat are separated, such as a beef round, pork loin, lamb flank or veal breast.
(70) Public water system - Has the meaning stated in 30 TAC §290.101-§290.121 relating to (Drinking Water Standards Governing Drinking Water Quality and Reporting Requirements for Public Water Supply Systems).
(71) Pushcart - A non self-propelled mobile food unit limited to serving nonpotentially hazardous food or potentially hazardous foods requiring a limited amount of preparation as authorized by the regulatory authority. A push cart is classified as a mobile food establishment.
(72) Ready-to-eat food - Food that is in a form that is edible without washing, cooking, or additional preparation by the food establishment or the consumer and that is reasonably expected to be consumed in that form. The term includes unpackaged potentially hazardous food that is cooked to the temperature and time required for the specific food under §229.164(k) of this title (relating to Food); raw, washed, cut fruits and vegetables; whole, raw, fruits and vegetables that are presented for consumption without the need for further washing, such as at a buffet; and other food presented for consumption for which further washing or cooking is not required and from which rinds, peels, husks, or shells are removed.
(73) Reduced oxygen packaging - The reduction of the amount of oxygen in a package by mechanically evacuating the oxygen; displacing the oxygen with another gas or combination of gases; or otherwise controlling the oxygen content in a package to a level below that normally found in the surrounding atmosphere, which is 21% oxygen. The term includes methods that may be referred to as altered atmosphere, modified atmosphere, controlled atmosphere, low oxygen, and vacuum packaging including sous vide.
(74) Refuse - Solid waste not carried by water through the sewage system.
(75) Regulatory authority - The local, state, or federal enforcement body or authorized representative having jurisdiction over the food establishment.
(76) Restricted use pesticide - A pesticide product that contains the active ingredients specified in 40 CFR 152.175 (Pesticides) classified for restricted use, and that is limited to use by or under the direct supervision of a certified applicator.
(77) Roadside food vendor - A person who operates a mobile retail food store from a temporary location adjacent to a public road or highway. Potentially hazardous foods shall not be prepared or processed by a roadside food vendor. A roadside food vendor is classified as a food establishment.
(78) Safe material - An article manufactured from or composed of materials that may not reasonably be expected to result, directly or indirectly, in their becoming a component or otherwise affecting the characteristics of any food; an additive that is used as specified in Chapter 431 of the Texas Health and Safety Code; or other materials that are not additives and that are used in conformity with applicable regulations of the Food and Drug Administration.
(79) Sanitization - The application of cumulative heat or chemicals on cleaned food-contact surfaces that, when evaluated for efficacy, yield a reduction of 5 logs, which is equal to a 99.999% reduction of representative disease microorganisms of public health importance.
(80) Sealed - Free of cracks or other openings that allow the entry or passage of moisture.
(81) Servicing area - An operating base location to which a mobile food establishment or transportation vehicle returns as needed for such things as discharging liquid or solid wastes, refilling water tanks and ice bins, and boarding food.
(82) Sewage - Liquid waste containing animal or vegetable matter in suspension or solution and may include liquids containing chemicals in solution.
(83) Shellfish control authority - Texas Department of Health Seafood Safety Division.
(84) Shellstock - Raw, in-shell molluscan shellfish.
(85) Shucked shellfish - Molluscan shellfish that have one or both shells removed.
(86) Single-service articles - Tableware, carry-out utensils, and other items such as bags, containers, placemats, stirrers, straws, toothpicks, and wrappers that are designed and constructed for one time, one person use.
(87) Single-use articles - Utensils and bulk food containers designed and constructed to be used once and discarded. The term includes items such as wax paper, butcher paper, plastic wrap, formed aluminum food containers, jars, plastic tubs or buckets, bread wrappers, pickle barrels, ketchup bottles, and number 10 cans which do not meet the materials, durability, strength and cleanability specifications contained in §229.165(a)(1), (c)(1), and (d)(1) of this title (relating to Equipment, Utensils, and Linens) for multi-use utensils.
(88) Slacking - The process of moderating the temperature of a food such as allowing a food to gradually increase from a temperature of -23 degrees Celsius (-10 degrees Fahrenheit) to ?4 degrees Celsius (25 degrees Fahrenheit) in preparation for deep-fat frying or to facilitate even heat penetration during the cooking of previously block-frozen food such as spinach.
(89) Smooth - A food-contact surface having a surface free of pits and inclusions with a cleanability equal to or exceeding that of (100 grit) number 3 stainless steel; a nonfood-contact surface of equipment having a surface equal to that of commercial grade hot-rolled steel free of visible scale; and a floor, wall, or ceiling having an even or level surface with no roughness or projections that render it difficult to clean.
(90) Support animal - A trained animal such as a seeing eye dog that accompanies a person with a disability to assist in managing the disability and enables the person to perform functions that the person would otherwise be unable to perform.
(91) Table-mounted equipment - Equipment that is not portable and is designed to be mounted off the floor on a table, counter, or shelf.
(92) Tableware - Eating, drinking, and serving utensils for table use such as flatware including forks, knives, and spoons; hollowware including bowls, cups, serving dishes, tumblers; and plates.
(93) Temperature measuring device - A thermometer, thermocouple, thermistor, or other device that indicates the temperature of food, air, or water.
(94) Temporary food establishment - A food establishment that operates for a period of no more than 14 consecutive days in conjunction with a single event or celebration.
(95) USDA - The United States Department of Agriculture.
(96) Utensil - A food-contact implement or container used in the storage, preparation, transportation, dispensing, sale, or service of food, such as kitchenware or tableware that is multiuse, single-service, or single-use; gloves used in contact with food; and food temperature measuring devices.
(97) Vending machine - A self-service device that, upon insertion of a coin, paper currency, token, card, or key, dispenses unit servings of food in bulk or in packages without the necessity of replenishing the device between each vending operation.
(98) Vending machine location - The room, enclosure, space, or area where one or more vending machines are installed and operated and includes the storage and servicing areas on the premises that are used to service and maintain the vending machines.
(99) Warewashing - The cleaning and sanitizing of food-contact surfaces of equipment and utensils.
(100) Water activity (aw) - 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.

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