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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 228RETAIL FOOD
SUBCHAPTER AGENERAL PROVISIONS
RULE §228.2Definitions

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 hatching.

  (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 guests.

  (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 toxin.

  (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 environment.

  (31) Counter-mounted equipment--Equipment that is not portable and is designed to be mounted off the floor on a table, counter, or shelf.

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

  (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 Program.

  (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" water.

  (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.

Cont'd...

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