| (a) This subchapter applies to every person engaged
in food manufacturing and/or wholesale food distribution regardless
of the license or permit held under §§229.181 - 229.184
of this title (relating to Licensure of Food Manufacturers, Food Wholesalers,
and Warehouse Operators), §§229.370 - 229.374 of this title
(relating to Permitting Retail Food Establishments), and §§229.541
- 229.555 of this title (relating to Regulation of Food Salvage Establishments
and Brokers), or if the person is exempt from licensure. Retail food
establishments, such as grocery stores and restaurants that are located
outside the jurisdiction of a local health authority, must also comply
with the requirements of Chapter 228 of this title (relating to Retail
Food) except for the manufacture or wholesale of food as defined by
the Texas Food, Drug, and Cosmetic Act, Texas Health and Safety Code, §431.221(2)
and (3). Retail establishments that are located within the jurisdiction
of a local health authority that permits and inspects retail food
establishments and that are required to license as a food manufacturer
under §§229.181 - 229.184 of this title, must also comply
with the applicable rules enforced by the local health authority.
(b) The criteria and definitions in this subchapter
apply in determining whether a food is adulterated within the meaning
of Texas Health and Safety Code, §431.081(a)(3) in that the food
has been manufactured under such conditions that it is unfit for food;
or within the meaning of Texas Health and Safety Code, §431.081(a)(4)
in that the food has been prepared, packed, or held under insanitary
conditions whereby it may have become contaminated with filth, or
whereby it may have been rendered injurious to health.
(c) Food subject to the requirements of these sections
may also be subject to specific regulations found in Title 21, Code
of Federal Regulations Parts 1-199, or in other sections of this title
(25 Texas Administrative Code Chapter 229).
(d) The department adopts by reference the following
laws and regulations
(1) United States Code Title 21 Chapter 9, Subchapter
IV, §343(w) et seq. as amended;
(2) 21 Code of Federal Regulations §§1.20-1.22
and §1.24, General Enforcement Regulations, as amended;
(3) 21 Code of Federal Regulations §70.20 and §70.25,
Color Additives, as amended;
(4) 21 Code of Federal Regulations Part 73 Subpart
A, Listing of Color Additives Exempt from Certification, as amended;
(5) 21 Code of Federal Regulations Part 74 Subpart
A, Listing of Color Additives Subject to Certification, as amended;
(6) 21 Code of Federal Regulations Part 81. General
Restrictions for Provisional Color Additives for Use in Foods, Drugs,
and Cosmetics, as amended;
(7) 21 Code of Federal Regulations Part 82, Listing
of Certified Provisionally Listed colors and Specifications, as amended;
(8) 21 Code of Federal Regulations §100.155, General,
as amended;
(9) 21 Code of Federal Regulations Part 101, Food Labeling,
as amended;
(10) 21 Code of Federal Regulations Part 102, Common
or Usual Name for Non Standardized Foods, as amended;
(11) 21 Code of Federal Regulations Part 104, Nutritional
Quality Guidelines for Foods, as amended;
(12) 21 Code of Federal Regulations Part 105, Foods
for Special Dietary Use, as amended;
(13) 21 Code of Federal Regulations Part 106, Infant
Formula Quality Control Procedures, as amended;
(14) 21 Code of Federal Regulations Part 107, Infant
Formula, as amended;
(15) 21 Code of Federal Regulations Part 108, Emergency
Permit Control, as amended;
(16) 21 Code of Federal Regulations Part 109, Unavoidable
Contaminants in Food for Human Consumption and Food Packaging Material,
as amended;
(17) 21 Code of Federal Regulations Part 113, Thermally
Processed Low-Acid Foods Packaged in Hermetically Sealed Containers,
as amended;
(18) 21 Code of Federal Regulations Part 114, Acidified
Foods, as amended;
(19) 21 Code of Federal Regulations Part 117 Subpart
C, D, F, and G, Current Good Manufacturing Practice, Hazard Analysis,
and risk Based Preventive Controls for Human Food, as amended;
(20) 21 Code of Federal Regulations Part 120, Hazard
Analysis and Critical Control Point (HACCP) Systems, as amended;
(21) 21 Code of Federal Regulations Part 123, Fish
and Fishery Products, as amended;
(22) 21 Code of Federal Regulations Part 129, Processing
and Bottling of Bottled Drinking Water, as amended;
(23) 21 Code of Federal Regulations Part 130, Food
Standards: General, as amended;
(24) 21 Code of Federal Regulations Part 131, Milk
and Cream, as amended;
(25) 21 Code of Federal Regulations Part 133, Cheese
and Related Cheese Products, as amended;
(26) 21 Code of Federal Regulations Part 135, Frozen
Desserts, as amended;
(27) 21 Code of Federal Regulations Part 136; Bakery
Products, as amended;
(28) 21 Code of Federal Regulations Part 137, Cereal
Flours and Related Products, as amended;
(29) 21 Code of Federal Regulations Part 139, Macaroni
and Noodle Products, as amended;
(30) 21 Code of Federal Regulations Part 145, Canned
Fruits, as amended;
(31) 21 Code of Federal Regulations Part 146, Canned
Fruit Juices, as amended;
(32) 21 Code of Federal Regulations Part 150, Fruit
Butters, Jellies, Preserves, and Related Products, as amended;
(33) 21 Code of Federal Regulations Part 152, Fruit
Pies, as amended;
(34) 21 Code of Federal Regulations Part 155, Canned
Vegetables, as amended;
(35) 21 Code of Federal Regulations Part 156, Vegetable
Juices, as amended;
(36) 21 Code of Federal Regulations Part 158, Frozen
Vegetables, as amended;
(37) 21 Code of Federal Regulations Part 160, Eggs
and Egg Products, as amended;
(38) 21 Code of Federal Regulations Part 161, Fish
and Shellfish, as amended;
(39) 21 Code of Federal Regulations Part 163, Cacao
Products, as amended;
(40) 21 Code of Federal Regulations Part 164, Tree
Nut and Peanut Products, as amended;
(41) 21 Code of Federal Regulations Part 165, Beverages,
as amended;
(42) 21 Code of Federal Regulations Part 166, Margarine,
as amended;
(43) 21 Code of Federal Regulations Part 168, Sweeteners
and Table Syrups, as amended;
(44) 21 Code of Federal Regulations Part 169, Food
Dressings and Flavorings, as amended;
(45) 21 Code of Federal Regulations Part 170, Food
Additives, as amended;
(46) 21 Code of Federal Regulations Part 172, Food
Additives Permitted For Direct Addition To Food For Human Consumption,
as amended;
(47) 21 Code of Federal Regulations Part 173, Secondary
Direct Food Additives Permitted in food For Human Consumption, as
amended;
(48) 21 Code of Federal Regulations Part 174, Indirect
Food Additives General, as amended;
(49) 21 Code of Federal Regulations Part 175, Indirect
Food Additives Adhesives and Components of Coatings, as amended;
(50) 21 Code of Federal Regulations Part 176, Indirect
Food Additives Paper and Paperboard Components, as amended;
(51) 21 Code of Federal Regulations Part 177, Indirect
Food Additives Polymers, as amended;
(52) 21 Code of Federal Regulations Part 178, Indirect
Food Additives Adjuvants, Production Aids, and Sanitizers, as amended;
(53) 21 Code of Federal Regulations Part 180, Food
Additives Permitted in Food or in Contact with Food on an Interim
Basis Pending Additional Study, as amended;
(54) 21 Code of Federal Regulations Part 181, Prior-Sanctions
Food Ingredients, as amended;
(55) 21 Code of Federal Regulations Part 182, Substances
Generally Recognized as Safe, as amended;
(56) 21 Code of Federal Regulations Part 184, Direct
Food Substances Affirmed as Generally Recognized as Safe, as amended;
(57) 21 Code of Federal Regulations Part 186, Indirect
Food Substances Affirmed as Generally Recognized as Safe, as amended;
and
(58) 21 Code of Federal Regulations Part 189, Substances
Prohibited From Use in Human Food, as amended.
|
