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RULE §228.2Definitions
Repealed Date:08/08/2021

  (49) Exotic animal--Member of a species of game animals not indigenous to this state including axis deer, Nilgai antelope, red sheep, or other cloven-hoofed ruminant animals. Exotic animals are considered livestock in this chapter and are amenable to inspection under Health and Safety Code, §433.035 (relating to Inspection and Other Regulation of Exotic Animals in Interstate Commerce).

  (50) FDA--The U.S. Food and Drug Administration, Center for Food Safety and Applied Nutrition, 5100 Paint Branch Parkway, College Park, Maryland 20740, telephone 1-888-723-3366, website www.fda.gov/Food.

  (51) Fish--Fresh or saltwater finfish, crustaceans and other forms of aquatic life (including alligator, frog, aquatic turtle, jellyfish, sea cucumber, and sea urchin and the roe of such animals) other than birds or mammals, and all mollusks, if such animal life is intended for human consumption. Fish includes an edible human food product derived in whole or in part from fish, including fish that have been processed in any manner.

  (52) Food--A raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum.

  (53) Food additive--A substance added to food that changes the characteristics of the food as described in Health and Safety Code, §431.002(17).

  (54) Foodborne disease outbreak--The occurrence of two or more cases of a similar illness resulting from the ingestion of a common food.

  (55) Food-contact surface--A surface of equipment or a utensil with which food normally comes into contact or a surface of equipment or a utensil from which food may drain, drip, or splash into a food or onto a surface normally in contact with food.

  (56) Food employee--An individual working with unpackaged food, food equipment or utensils, or food-contact surfaces.

  (57) Food establishment--A food establishment means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption as follows:

    (A) a restaurant, retail food store, satellite or catered feeding location, catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people, market, vending location, (machine), self-service food market, conveyance used to transport people, institution, or food bank;

    (B) an establishment that relinquishes possession of food to a consumer directly, or indirectly through a delivery service such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers;

    (C) includes an element of the operation such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location unless the vending or feeding location is permitted by the regulatory authority and an operation that is conducted in a mobile, stationary, temporary, or permanent facility or location; where consumption is on or off the premises; and regardless of whether there is a charge for the food; and

    (D) food establishment does not include an establishment that offers only prepackaged foods that are not time/temperature control for safety food, a produce stand that only offers whole, uncut fresh fruits and vegetables, a food processing plant, a cottage food industry, an area where cottage food is prepared, sold or offered for human consumption, a Bed and Breakfast Limited facility as defined in this chapter, or a private home that receives catered or home-delivered food.

  (58) Food processing plant--A commercial operation that manufactures, packages, labels, or store foods for human consumption and does not provide food directly to a consumer, and a food establishment as defined in paragraph (57) of this section.

  (59) Food Protection Manager Certification--A document obtained by a person in charge who demonstrates knowledge by being a food protection manager that is certified by a food protection manager certification program that is evaluated and listed by a Conference for Food Protection-recognized accrediting agency as conforming to the Conference for Food Protection Standards for Accreditation of food Protection Manager Certification Programs.

  (60) Game animal--An animal, the products of which are food, that is not classified as cattle, sheep, swine, goat, horse, mule or other equines as in 9 CFR 301, Definitions, as poultry in 9 CFR 381, Poultry Products Inspection Regulations; or as fish as defined in paragraph (51) of this section. Includes mammals such as reindeer, elk, deer, antelope, water buffalo; bison, rabbit, squirrel, opossum, raccoon, nutria or muskrat, and non-aquatic reptiles such as land snakes. A game animal does not include ratites.

  (61) General use pesticide--A pesticide that is not classified by EPA for restricted use as specified in 40 CFR §152.175 or is not limited to use by or under the direct supervision of a certified applicator licensed by the Texas Department of Agriculture or by the Texas Structural Pest Control Service as applicable.

  (62) Grade A standards--The requirements of the United States Public Health Service/FDA "Grade A Pasteurized Milk Ordinance" with which certain fluid and dry milk and milk products comply.

  (63) Group residence--A private or public housing corporation or institutional facility that provides living quarters and meals. The term includes a domicile for unrelated persons such as a retirement home, correctional facility, or a long-term care facility.

  (64) HACCP plan--A written document that delineates the formal procedures for following the Hazard Analysis Critical Control Point principles developed by The National Advisory Committee on Microbiological Criteria for Foods.

  (65) Handwashing sink--A lavatory, trough, basin, or vessel for washing, a wash basin, or a plumbing fixture especially placed for use in personal hygiene and designed only for the washing of hands. It includes an automatic handwashing facility.

  (66) Hazard--A biological, chemical, or physical property that may cause an unacceptable consumer health risk.

  (67) Health practitioner--A physician licensed to practice medicine, or if allowed by law, an advanced practice registered nurse, physician assistant, or similar medical professional.

  (68) Hermetically sealed container--A container that is designed and intended to be secure against the entry of microorganisms and, in the case of low acid canned foods, to maintain the commercial sterility of its contents after processing.

  (69) Highly susceptible population--Persons who are more likely than other people in the general population to experience foodborne disease because they are immunocompromised, preschool aged children, or older adults and are obtaining food at a facility that provides services such as custodial care, health care, or assisted living. Examples of custodial or health care facilities, or of assisted living facilities include but are not limited to child or adult day care centers, kidney dialysis centers, hospitals, nursing homes, or senior centers providing nutritional or socialization services.

  (70) Imminent health hazard--A significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operations to prevent injury based on the number of potential injuries and the nature, severity, and duration of the anticipated injury.

  (71) Injected--Manipulating meat to which a solution has been introduced into its interior by processes that are referred to as "injecting," "pump marinating," or "stitch pumping."

  (72) Juice--The aqueous liquid expressed or extracted from one or more fruits or vegetables, purées of the edible portions of one or more fruits or vegetables, or any concentrates of such liquid or purée. For purposes of HAACP it does not include liquids, purées, or concentrates that are not used as beverages or ingredients of beverages.

  (73) Kitchenware--Food preparation and storage utensils.

  (74) Law--Applicable local, state, and federal statutes, rules, regulations, and ordinances.

  (75) Leafy greens--Includes iceberg lettuce, romaine lettuce, leaf lettuce, butter lettuce, baby leaf lettuce, escarole, endive, spring mix, spinach, cabbage, kale, arugula, and chard. This term does not include herbs such as cilantro or parsley.

  (76) License--The document issued by the regulatory authority that authorizes a person to operate a food establishment. Can also be referred to as a permit as defined in paragraph (92) of this section.

  (77) License holder--The entity that is legally responsible for the operation of the food establishment such as the owner, the owner's agent, or other person and possesses a valid permit to operate a food establishment. Can also be referred to as a permit holder as defined in paragraph (93) of this section.

  (78) Linens--Fabric items such as cloth hampers, cloth napkins, tablecloths, wiping cloths, and work garments including cloth gloves.

  (79) Listeria monocytogenes --A rod-shaped bacteria that can be found in soil and water. Animals can carry the bacterium without appearing to be ill and can contaminate foods of animal origin. A serious infection called Listeriosis is usually caused by eating food contaminated with Listeria monocytogenes.

  (80) Livestock--Cattle, sheep, swine, goats, horses, mules, other equine, poultry, domesticated rabbits, exotic animals, and domesticated birds. Livestock are amenable to inspection.

  (81) Major Food Allergen--A food allergen is a food protein that causes an adverse immune response. The eight specific foods that are known as major food allergens include dairy, eggs, wheat, soy, peanuts, tree nuts, fish and shellfish or any food ingredients that contain protein derived from these foods. This does not include any highly refined oil derived from a food specified in this paragraph or any ingredient that is exempt under the petition or notification process specified in the Food Allergen Labeling and Consumer Protection Act of 2004 (Public Law 108-282).

  (82) Meat--The flesh of animals used as food including the dressed flesh of cattle, swine, sheep, or goats and other edible animals, except fish as defined in paragraph (51) of this section, poultry as defined in paragraph (103) of this section, and game animals as defined in paragraph (60) of this section that are offered for human consumption.

  (83) Mechanically tenderized--Manipulating meat with deep penetration by processes which may be referred to as "blade tenderizing," "jaccarding," "pinning," "needling," or using blades, pins, needled or any mechanical device. It does not include processes by which solutions are injected into the meat.

  (84) mg/L--Milligrams per liter, which is the metric equivalent of parts per million (ppm).

  (85) Mobile Food Unit (MFU)--A vehicle mounted, self or otherwise propelled, self-contained food service operation, designed to be readily movable (including, but not limited to catering trucks, trailers, push carts, and roadside vendors) and used to store, prepare, display, serve or sell food. Mobile units must completely retain their mobility at all times. A Mobile Food Unit does not include a stand or a booth. A roadside food vendor is classified as a MFU.

  (86) Modified atmosphere packaging--A method of packaging food in which the atmosphere of a package of food is modified so that its composition is different from air but the atmosphere may change over time due to the permeability of the packaging material or the respiration of the food. Modified atmosphere packaging includes: reduction in the proportion of oxygen, total replacement of oxygen, or an increase in the proportion of other gases such as carbon dioxide or nitrogen.

  (87) Molluscan shellfish--Any edible species of fresh or frozen oysters, clams, mussels, and scallops or edible portions thereof, except when the scallop product consists only of the shucked adductor muscle.

  (88) Non-Continuous cooking--The cooking of food in a food establishment using a process in which the initial heating of the food is intentionally halted so that it may be cooled and held for complete cooking at a later time prior to sale or service. It does not include cooking procedures that only involve temporarily interrupting or slowing an otherwise continuous cooking process.

  (89) Non-Time/Temperature Control for Safety (NTCS) food--(formerly non-Potentially Hazardous Food (non-PHF)), An air-cooled hard-boiled egg with shell intact, or an egg with shell intact that is not hard-boiled, but has been pasteurized to destroy all viable Salmonella. A food in an unopened hermetically sealed container that is commercially processed to achieve and maintain commercial sterility under conditions of non-refrigerated storage and distribution. A food that because of its pH or Aw value, or interaction of A w and pH values, is designated as a NTCS food in Table A and Table B in the Figure in §228.2(144). A food that is designated as Product Assessment Required (PA) in Table A and Table B in the Figure in §228.2(144) and has undergone a PA showing that the growth or toxin formation of pathogenic microorganisms that are reasonably likely to occur in that food is precluded due to either:


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