The following words and terms, when used in this chapter, shall
have the following meanings unless the context clearly indicates otherwise.
(1) Accredited program--Food manager certification
program that has been evaluated and listed by the department and conforms
to standards set by the department in §229.172 of this title
(relating to Accreditation of Certified Food Management Programs).
(2) Adulterated food--A food deemed to be adulterated
as specified in the Texas Health and Safety Code, §431.081.
(3) Bed and breakfast extended--An establishment with
more than seven rooms for rent or an establishment that provides food
service other than breakfast to overnight guests.
(4) Bed and breakfast food establishment--A bed and
breakfast that provides food service to customers in addition to its
(5) Bed and breakfast limited--An establishment that
has seven or fewer rooms for rent, serves breakfast to overnight guests,
and is not a retail food establishment.
(6) Central preparation facility--An approved and permitted
facility or space where food is prepared, stored, and packaged.
(7) Code of Federal Regulations (CFR)--Citations to
the CFR refer sequentially to the Title, Part, and Section numbers,
such as 40 CFR 180.194 refers to Title 40, Part 180, Section 194.
(8) Common carrier--An individual or business that
advertises to the public that it is available for hire to transport
people or property, including food, in exchange for a fee.
(9) Cottage food production operation--An individual,
operating out of the individual's home, who:
(A) produces at the individual's home:
(i) a baked good that is not a time and temperature
control for safety food (TCS food), as defined in §229.661(b)(13)
of this title (relating to Cottage Food Production Operations);
(iii) coated and uncoated nuts;
(iv) unroasted nut butters;
(v) fruit butters;
(vi) a canned jam or jelly;
(vii) a fruit pie;
(viii) dehydrated fruit or vegetables, including dried
(ix) popcorn and popcorn snacks;
(x) cereal, including granola;
(xi) dry mix;
(xiii) pickled fruit or vegetables, including beets
and carrots, that are preserved in vinegar, brine, or a similar solution
at an equilibrium pH value of 4.6 or less;
(xv) roasted coffee or dry tea;
(xvi) a dried herb or dried-herb mix;
(xvii) plant-based acidified canned goods;
(xviii) fermented vegetable products, including products
that are refrigerated to preserve quality;
(xix) frozen raw and uncut fruit or vegetables; or
(xx) any other food that is not a TCS food, as defined
in §229.661(b)(13) of this title.
(B) has an annual gross income of $50,000 or less from
the sale of food described by subparagraph (A) of this paragraph;
(C) sells foods produced under subparagraph (A) of
this paragraph only directly to consumers; and
(D) delivers products to the consumer at the point
of sale or another location designated by the consumer.
(10) Department--The Texas Department of State Health
(11) Drinking water--Traditionally known as "potable
water" and that meets the standards set forth in 30 TAC Chapter 290,
Subchapter F (relating to Drinking Water Standards Governing Drinking
Water Quality and Reporting Requirements for Public Water Systems).
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 "non-drinking water."
(12) Event--A unique public gathering at which food
products are served and for which an appropriate regulatory authority
grants permission, whether by permit, license, or another official
(13) Exotic animal--Member of a species of game animals
not indigenous to this state, including axis deer, nilgai antelope,
red sheep, or other cloven-hoofed ruminant animals.
(14) Food establishment--
(A) A food establishment is an operation that:
(i) stores, prepares, packages, serves, or vends food
directly to the consumer, or otherwise provides food for human consumption,
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 machine location, self-service food market, conveyance used
to transport people, institution, or food bank; and
(ii) 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 and where consumption
is on or off the premises regardless if there is a charge for the
(C) Food establishment does not include:
(i) an establishment that offers only prepackaged foods
that are not TCS foods;
(ii) a produce stand that only offers whole, uncut
fresh fruits and vegetables;
(iii) a food processing plant, including one that is
located on the premises of a food establishment;
(iv) a cottage food production operation;
(v) a bed and breakfast limited as defined in this
(vi) a private home that receives catered or home-delivered
(15) Game animals--Wild animals that are indigenous
to this state and not amenable to the Texas Meat and Poultry Inspection
Act, Texas Health and Safety Code, Chapter 433, for which the hunter
must obtain a hunting license from the Texas Parks and Wildlife Department
before hunting animals, such as white-tailed deer, mule deer, pronghorn
antelope, and big horn sheep.
(16) General use pesticide--A pesticide that is not
classified by the United States Environmental Protection Agency for
restricted use as specified in 40 CFR §152.175 or is not 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.
(17) 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 care facility.
(18) Livestock--Cattle, bison, sheep, swine, goats,
horses, mules, other equine, poultry, domesticated rabbits, exotic
animals, or domesticated game birds.
(19) Mobile food unit (MFU)--A vehicle-mounted, self
or otherwise propelled, self-contained food service operation designed
to be readily movable (including catering trucks, trailers, push carts,
and roadside vendors) and used to store, prepare, display, serve or
sell food. An MFU must completely retain its mobility at all times.
An MFU does not include a stand or a booth. A roadside food vendor
is classified as an MFU.
(20) Outfitter operation--Any operation, such as trail
rides, bus tours, harbor cruises, or river raft trips, in which food
is offered to patrons and which operates out of a central preparation
location or food establishment.
(21) Plumbing Code--The International Plumbing Code,
as amended, including appendices C, E, F, and G, published by the
International Code Council as amended by 16 TAC §70.101 (relating
to Amendments to Mandatory Building Code), the Uniform Plumbing Code,
as amended, including appendices required by the regulatory authority,
as published by the International Association of Plumbing and Mechanical
Officials as referenced in Occupations Code, Title 8, Chapter 1301, §255
(relating to Adoption of Plumbing Codes), or a Plumbing Code adopted
by a local regulatory authority, whichever is more stringent.
(22) 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.
(23) Public water system--A drinking water system that
complies with 30 TAC §§290.101 - 290.122 (relating to Drinking
Water Standards Governing Drinking Water Quality and Reporting Requirements
for Public Water Systems).
(24) Pushcart--A non-self-propelled MFU limited to
serving foods requiring a limited amount of preparation as authorized
by the regulatory authority and readily movable by one or two persons.
A pushcart is classified as an MFU. A pushcart does not include non-self-propelled
units owned and operated within a retail food store. This type of
MFU requires the support of a central preparation facility.
(25) Regulatory authority--The department, the local
(municipality, county, or public health district), federal enforcement
body, or authorized representative having jurisdiction over the food
(26) 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 an MFU.
(27) Safe material--An article manufactured from or
composed of materials that may not reasonably be expected to result
either directly or indirectly in the article becoming a component
of or otherwise affecting the characteristics of any food. An additive
that is used as specified in the Texas Health and Safety Code, Chapter
431, or other materials that are not additives and that are used in
conformity with applicable regulations of the U.S. Food and Drug Administration.
(28) Self-service food market--A market that is unstaffed
and offers prepackaged non-TCS food and prepackaged refrigerated or
frozen TCS food that is stored in equipment that complies with §228.225
of this chapter (relating to Self-Service Food Market).
(29) Service animal--A canine that is individually
trained to do work or perform tasks for the benefit of an individual
with a disability, including a physical, sensory, psychiatric, intellectual
or other mental disability as specified in Texas Health and Safety
(30) Vending machine location--The room, enclosure,
space, or area where one or more vending machines are installed and
operated and that includes the storage areas and areas on the premises
that are used to service and maintain the vending machines. This does
not include self-service food markets.