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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 229FOOD AND DRUG
SUBCHAPTER NADMINISTRATOR'S LICENSING
RULE §229.210Purpose and Scope

(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.


Source Note: The provisions of this §229.210 adopted to be effective August 2, 2017, 42 TexReg 3789

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