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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 229FOOD AND DRUG
SUBCHAPTER AAREGULATION OF FOOD SALVAGE ESTABLISHMENTS AND BROKERS
RULE §229.551Handling Distressed Food

(a) Good manufacturing practices. A person must follow and comply with the requirements of §§229.211 - 229.222 of this title (relating to Current Good Manufacturing Practice and Good Warehousing Practice in Manufacturing, Packing, or Holding Human Food) in the handling and reconditioning of all distressed and/or salvaged food.

(b) Perishable foods. All perishable foods shall be kept at a temperature that will provide protection against spoilage.

(c) Potentially hazardous foods. All potentially hazardous foods shall be maintained at a safe temperature, 41 degrees Fahrenheit (5 degrees Celsius) or below; 140 degrees Fahrenheit (60 degrees Celsius) or above.

(d) Frozen Foods. Frozen foods shall be kept frozen at all times.

(e) Distressed or nonsalvageable food.

  (1) All metal cans of food offered for sale or distribution shall be essentially free from rust (pitting) and dents (especially at rim, end double seams, and/or side seams).

  (2) Leakers, springers, flippers, and swells shall be deemed unfit for sale or distribution.

(f) Metal containers of food. All metal containers of food, other than those mentioned in subsection (e) of this section, whose integrity has not been compromised and whose integrity would not be compromised by the reconditioning, and which have been partially or totally submerged in water, liquid foam, or other deleterious substances as the result of flood, sewer backup, or other reasons shall, after thorough cleaning, be subjected to sanitizing rinse of a concentration of 100 parts per million (ppm) available chlorine for a minimum period of one minute, or shall be sanitized by another method approved by the department. They shall subsequently be treated to inhibit rust formation.

(g) Label removal.

  (1) Any cans or tins showing surface rust shall have labels removed, the outer surface cleaned by buffing, a protective coating applied where necessary, and shall be relabeled.

  (2) Relabeling of other salvageable nonmetal (glass, plastic, etc.) containers shall be required when original labels are missing or illegible.

(h) Relabeling. All salvaged food in containers shall be provided with labels meeting the requirements in §229.550(j) of this title (relating to General Provisions for Handling and Movement of Distressed Food). Where original labels are removed from containers which are to be resold or redistributed, the replacement labels must show the name and address of the salvage establishment.


Source Note: The provisions of this §229.551 adopted to be effective December 17, 2002, 27 TexReg 11751; amended to be effective January 1, 2005, 29 TexReg 11984

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