The following definitions apply in this chapter.
(1) Accredited program--Food manager certification
program that has been evaluated and listed by the department and conforms
to standards set by the department.
(2) Additive--A substance added to food that changes
the characteristics of that food.
(3) Adulterated food--A food deemed to be adulterated
as specified in the Health and Safety Code, §431.081.
(4) Approved--Acceptable to the regulatory authority
based on a determination of conformity with principles, practices,
and generally recognized standards that protect public health.
(5) Asymptomatic--Not showing obvious symptoms, not
producing indications of a disease or other medical condition. An
individual infected with a pathogen but not exhibiting or producing
any signs or symptoms of vomiting, diarrhea, or jaundice. Symptoms
are not shown because the symptoms have been resolve or have subsided,
or because the symptoms never manifested.
(6) aw --Water activity,
indicated by the symbol aw , that measures
the free moisture in a food. It is the quotient of the water vapor
pressure of the substance divided by the vapor pressure of pure water
at the same temperature.
(7) Balut--An embryo inside a fertile egg that has
been incubated for a period sufficient for the embryo to reach a specific
stage of development after which it is removed from incubation before
(8) Bare hand contact--Handling food with hands without
any barriers as described in Subchapter C of this chapter.
(9) 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.
(10) Bed and Breakfast Food Establishment--A Bed and
Breakfast that provides food service to other than to its overnight
(11) 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.
(12) Beverage--A liquid for drinking, including water.
(13) Bottled drinking water--Water that is sealed in
bottles, packages, or other containers and offered for sale for human
consumption, including bottled mineral water.
(14) Casing--A tubular container for sausage products
made of either natural or artificial (synthetic) material.
(15) Central Preparation Facility--A facility that
is an approved and permitted retail food establishment at which food
is prepared, stored, and wrapped; and the Mobile Food Unit is supplied
with fresh water and ice; and emptied of waste water into a proper
waste disposal system, and cleaned, including washing, rinsing, and
sanitizing of those food-contact surfaces or items not capable of
being immersed in the Mobile Food Unit utensil-washing sink. Use of
a private residence as a central preparation facility is prohibited.
(16) 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.
(17) Cleaned in Place (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. 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.
(18) Clostridium botulinum --The
name of a group of rod-shaped bacteria that grow best in low oxygen
conditions and cause a serious paralytic illness called botulism.
Foodborne botulism is caused by eating foods that contain botulinum
(19) Code of Federal Regulations (CFR)--The compilation
of federal regulations published in the Federal
Register by the executive departments and agencies of the federal
government which are published annually by the U.S. Government Printing
Office. Citations to the CFR refer to the Title, Part, and Section
numbers; for example, 21 CFR §178.1010 refers to Title 21, Part
178, §1010. The CFR contains FDA rules in Title 21, USDA rules
in Titles 7 and 9, EPA rules in Title 40, and Wildlife and Fisheries
rules in Title 50.
(20) Color additive--Any material imparting color to
a food as defined in the Health and Safety Code, §431.002(6).
(21) Commingle--Combine shellstock harvested on different
days or from different growing areas as identified on the tag or label
or to combine shucked shellfish from containers with different container
codes or different shucking dates.
(22) 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.
(23) Common dining area--A central location where people
gather to eat. The term does not apply to a kitchenette or dining
area located within a resident's private living quarters.
(24) Conditional employee--A potential food employee
to whom a job offer is made, conditional upon responses to subsequent
medical questions or examinations designed to identify potential food
employees who may be suffering from a disease that can be transmitted
through food and done in compliance with Title 1 of the Americans
with Disabilities Act (ADA) of 1990.
(25) Confirmed disease outbreak--A foodborne disease
outbreak in which laboratory analysis of appropriate specimens identifies
a causative agent and epidemiological analysis implicates food as
the source of the illness.
(26) 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.
(27) Controlled atmosphere packaging--A method of packaging
food in which the atmosphere of a package of food is modified such
that until the package is opened, its composition is different from
air, and continuous control of that atmosphere is maintained, such
as by using oxygen scavengers or a combination of total replacement
of oxygen, non-respiring food, and impermeable packaging material.
(28) Cook chill packaging--A method of packaging food
in which cooked food is hot filled into impermeable bags that have
the air expelled and are then sealed or crimped closed. Bagged food
is rapidly chilled and refrigerated at temperatures that inhibit the
growth of psychrotrophic pathogens.
(29) Core item--A provision in this chapter that is
not designated as a Priority item or a Priority Foundation item and
includes an item that usually relates to general sanitation, operational
controls, sanitation operating procedures (SSOPs) facilities or structures,
equipment design, or general maintenance.
(30) 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
(31) Counter-mounted equipment--Equipment that is not
portable and is designed to be mounted off the floor on a table, counter,
(32) Critical control point--A point or procedure in
a specific food system where loss of control may result in an unacceptable
(33) 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.
(34) Cut leafy greens--Fresh leafy greens whose leaves
have been cut, shredded, sliced, chopped, or torn. This does not include
the harvest cut.
(35) Dealer--Person who is authorized by a shellfish
control authority for the activities of shellstock shipper, shucker-packer,
repacker, reshipper, or depuration processor of molluscan shellfish
according to the provision s of the National Shellfish Sanitation
(36) Department--The Texas Department of State Health
Services, Division for Regulatory Services. The Department's Environmental
and Consumer Safety Section is located at P.O. Box 149347, Mail Code
1987, Austin, Texas 78714-9347, website: www.dshs.state.tx.us.
(37) 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.
(38) Drinking water--Water traditionally known as "potable
water" and that meets 30 TAC §§290.101 - 290.114, 290.117
- 290.119, and 290.121 (relating to Drinking Water Standards Governing
Drinking Water Quality and Reporting Requirements for Public Water
Supply 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 "nondrinking"
(39) Dry storage area--A room or area designated for
the storage of packaged or containerized bulk food that is not potentially
hazardous time/temperature control for safety (TCS) food and dry goods
such as single-service items.
(40) 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.
Easily cleanable includes a tiered application of the criteria that
qualifies the surface as easily cleanable as to different situations
in which varying degrees of cleanability are required such as:
(A) 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
(B) 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.
(41) Easily movable--Portable, mounted on casters,
gliders, or rollers, or provided with a mechanical means to safely
tilt a unit of equipment for cleaning. Also, 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.
(42) Egg--Shell egg of an avian species such as chicken,
duck, goose, guinea, quail, ratites, or turkey. The definition of
an egg does not include a balut, shell egg of reptile species such
as an alligator, or an egg product.
(43) Egg product--All or portion of the contents found
inside eggs separated from the shell and pasteurized in a food processing
plant, with or without added ingredients, and that is intended for
human consumption such as dried, frozen, or liquid eggs. Egg product
does not include food which contains egg only in a relatively small
portion such as cake mixes.
(44) 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.
(45) EPA--U.S. Environmental Protection Agency, located
at 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460, telephone
(202) 272-0167, website: www.epa.gov.
(46) Equipment--An article used in the operation of
a food establishment such as a freezer, grinder, hood, icemaker, meat
block, mixer, oven, reach-in-refrigerator, scale, sink, slicer, stove,
table, temperature measuring device for ambient air, vending machine,
or warewashing machine. This 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 overwrapped lot, such as hand trucks,
forklifts, dollies, pallets, racks, and skids.
(47) Event--A unique public gathering of persons at
which food products will be served directly to consumers, such as
a festival, bazaar, carnival, circus, fund-raiser, public exhibition,
celebration, sporting event, or other public gathering which can be
civic, political, public, or educational for which an appropriate
regulatory authority would grant permission for the operation of the
event, whether by permit, license or other official written document.
(48) 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.