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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 228RETAIL FOOD ESTABLISHMENTS
SUBCHAPTER AGENERAL PROVISIONS
RULE §228.2Definitions
Repealed Date:08/08/2021

    (C) substances necessary for the operation and maintenance of the establishment including but not limited to nonfood grade lubricants and personal care items that may be deleterious to health; and

    (D) substances not necessary for the operation and maintenance of the establishment and are on the premises for retail sale, such as petroleum products and paints.

  (103) Poultry--Any domesticated bird (chickens, turkeys, ducks, geese, guineas, ratites or squabs), whether alive or dead, and any migratory waterfowl or game bird, pheasant, partridge, quail, grouse, or pigeon, whether live or dead.

  (104) 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 land or property not described previously if its facilities and contents are under the control of the permit holder and may impact food establishment personnel, facilities, or operations, and a food establishment is only one component of the larger operation such as a health care facility, hotel, motel, school, recreational camp, or prison.

  (105) 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.

  (106) Priority item--Application of a provision from this chapter that contributes directly to the elimination, prevention, or reduction of hazards associated with food borne illness or injury to an acceptable level to an acceptable level. There is no other provision that more directly controls the hazard. Includes items with a quantifiable measure to show control of hazards such as cooking, reheating, cooling, and handwashing. It is denoted in this chapter with a superscript P (P ).

  (107) Priority Foundation Item--Application of a provision in this chapter that supports, facilitates, or enables one or more priority items. Includes an item that requires the purposeful incorporation of specific actions, equipment or procedures by industry management to attain control of risk factors that contribute to foodborne illness or injury, for example: personnel training, infrastructure or necessary equipment, HACCP plans, documentation or record keeping, and labeling. It is denoted in this chapter with a superscript Pf (Pf ).

  (108) Private Water System--A drinking water system that is not connected to a public water system and not regulated by the Texas Commission on Environmental Quality.

  (109) Psychrotrophic organisms--Organisms or bacteria that are capable of surviving or even thriving in a cold environment. They are responsible for spoiling refrigerated foods.

  (110) Public water system--A drinking water system that complies with 30 TAC §§290.101 - 290.121 (relating to Drinking Water Standards Governing Drinking Water Quality and Reporting Requirements for Public Water Supply Systems).

  (111) Pushcart--A non-self-propelled Mobile Food Unit limited to serving foods requiring a limited amount of preparation as authorized by the regulatory authority and is readily movable by one or two persons. A pushcart is classified as a Mobile Food Unit. A pushcart does not include non self-propelled units owned and operated within a retail food store. This type of mobile unit requires the support of a Central Preparation Facility.

  (112) Ratite--Diverse group of large flightless birds that includes emus, ostrich, rhea or kiwis.

  (113) Ready-to-eat (RTE) food--Food in a form that is edible without additional preparation to achieve food safety, as specified in §228.71(a)(1) - (3), or (b) of this title. RTE food can be raw or partially cooked animal food and the consumer is advised as specified in §228.71(a)(4)(A) and (B) of this title. RTE food is food that is prepared in accordance with a variance that is granted as specified in §228.71(a)(4)(A) and (C). RTE food may receive additional preparation for palatability or aesthetic, epicurean, gastronomic, or culinary purposes. RTE food includes the following:

    (A) raw animal food that is cooked as specified in §228.71(a)(1) or (2), or frozen as specified in §228.72(a)(1) of this title;

    (B) raw fruits and vegetables that are washed as specified in §228.66(e) of this title;

    (C) fruits and vegetables that are cooked for hot holding, as specified in §228.71(c) of this title;

    (D) all time/temperature controlled food that is cooked to the temperature and time required for the specific food in §228.71(a) of this title, and cooled as specified in §228.75(d) of this title;

    (E) plant food for which further washing, cooking, or other processing is not required for food safety, and from which rinds, peels, husks, or shells, if naturally present are removed;

    (F) substances derived from plants such as spices, seasonings, and sugar;

    (G) a bakery item such as bread, cakes, pies, fillings, or icing for which further cooking is not required for food safety;

    (H) the following products that are produced in accordance with USDA guidelines and that have received a lethality treatment for pathogens: dry, fermented sausages, such as dry salami or pepperoni; salt-cured meat and poultry products, such as prosciutto ham, country cured ham, and Parma ham; and dried meat and poultry products, such as jerky or beef sticks; and

    (I) foods manufactured according to 21 CFR 113, Thermally Processed Low-Acid Foods Packaged in Hermetically Sealed Containers.

  (114) Reduced oxygen packaging (ROP)--The reduction of the amount of oxygen in a package by removing oxygen, displacing oxygen and replacing it with another gas or combination of gases, or otherwise controlling the oxygen content to a level below that normally found in the atmosphere (approximately 21% at sea level). It is a process that involves a food for which the hazards of Clostridium botulinum or Listeria monocytogenes require control in the final packaged form. ROP includes cook chill packaging, controlled atmosphere packaging, modified atmosphere packaging, Sous vide packaging, and vacuum packaging.

  (115) Refuse--Solid waste not carried by water through the sewage system.

  (116) Regulatory authority--The local, state, or federal enforcement body or authorized representative having jurisdiction over the food establishment.

  (117) Reminder--A written statement concerning the health risk of consuming animal foods raw, undercooked, or without otherwise being processed to eliminate pathogens.

  (118) Re-service--The transfer of food that is unused and returned by a consumer after being served or sold and in the possession of the consumer to another person.

  (119) Restrict--To limit the activities of a food employee so that there is no risk of transmitting a disease that is transmissible through food and the food employee does not work with exposed food, clean equipment, utensils, linens; and unwrapped single-service or single-use articles.

  (120) Restricted egg--Any check, dirty egg, incubator reject, inedible, leaker, or loss as defined in 9 CFR 590.

  (121) Restricted use pesticide--A pesticide product that contains the active ingredients specified in 40 CFR §152.175. Pesticides classified for restricted use, and that are limited to use by or under the direct supervision of a certified applicator licensed by the Texas Department of Agriculture or by the Texas Structural Pest Control Service as applicable.

  (122) Risk--The likelihood that an adverse health effect will occur within a population as a result of a hazard in a food.

  (123) Roadside food vendor--A person who operates a mobile retail food store from a temporary location adjacent to a public road or highway. Food is not prepared or processed by a roadside food vendor. A roadside food vendor is classified as a Mobile Food Unit.

  (124) Safe Material--An article manufactured from or composed of materials that may not reasonably be expected to result either directly or indirectly in their becoming a component of or otherwise affecting the characteristics of any food. An additive that is used as specified in the Health and Safety Code, Chapter 431, or other materials that are not additives and that are used in conformity with applicable regulations of the FDA.

  (125) Sanitization--The application of cumulative heat or chemicals on cleaned food-contact surfaces that, when evaluated for efficacy, is sufficient to yield a reduction of 5 logs, which is equal to a 99.999% reduction, of representative disease microorganisms of public health importance.

  (126) Sealed--Free of cracks or other openings that allow the entry or passage of moisture.

  (127) Self-Service Food Market--A market that is unstaffed and offers prepackaged TCS food and prepackaged refrigerated or frozen TCS food that is stored in equipment that complies with §228.225 of this title.

Cont'd...

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